PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the
"Agreement") governs your use of this website, https://leanpitch.com
(the "Website"), Leanpitch Technologies Private Limited
("Business Name") offer of products for purchase on this Website, or
your purchase of products available on this Website. This Agreement includes,
and incorporates by this reference, the policies and guidelines referenced
below. Leanpitch reserves the right to change or revise the terms and
conditions of this Agreement at any time by posting any changes or a revised
Agreement on this Website. Leanpitch will alert you that changes, or revisions
indicating on the top of this Agreement the date it was last revised, sending
you the notification through mail as well as in-app and in your Dashboard. The
changed or revised Agreement will be effective immediately after it is posted
on this Website. Your use of the Website following the posting any such changes
or of a revised Agreement will constitute your acceptance of any such changes
or revisions. You need to accept the revised changes of this document as soon
as you get the notification. Unless, you accept the revised Terms and
Conditions, you will not be able to proceed further. Leanpitch encourages you
to review this Agreement whenever you visit the Website to make sure that you
understand the terms and conditions governing use of the Website. This
Agreement does not alter in any way the terms or conditions of any other
written agreement you may have with Leanpitch for other products or services.
If you do not agree to this Agreement (including any referenced policies or
guidelines), please immediately terminate your use of the Website. If you would
like to print this Agreement, please click the print button on your browser
Terms of Offer. This Website offers for sale certain
products (the "Products") and services (the “Services”). By placing
an order for Products and Services through this Website, you agree to the terms
set forth in this Agreement.
Customer Solicitation: We don’t make any outbound calls unless you have notified your
desire to be contacted. Once you have opted in to be contacted, unless you
notify our third party, our Operations team or direct Leanpitch’s support
team, while they are calling you, of your desire to opt out from further direct
company communications and solicitations, you are agreeing to continue to
receive further emails and call solicitations from Leanpitch and its
designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1.
If you have registered on Leanpitch Platform, you can change your preferences
of communication 2. You may use the opt out link found in any email
solicitation that you may receive or reply back to the email with request to be
removed 3. You may also choose to opt out, via sending your email address
Proprietary Rights. Leanpitch has proprietary rights and trade secrets in the Products.
You may not copy, reproduce, resell or redistribute any Product manufactured
and/or distributed by Leanpitch unless you are our partners having signed
agreement. Leanpitch also has rights to all trademarks and trade dress and
specific layouts of this webpage, including calls to action, text placement,
images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying
any applicable sales tax.
Our Data Policy: To provide you with our services, we
will share the personal data we collect with the respective certification
governing bodies (such as Scrum Alliance, ICAgile and Leanpitch) based on the
service you have chosen. We detail our practices of personal information
order to use our products.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this
Website also offers information and marketing materials. This Website also
offers information, both directly and through indirect links to third-party
websites. Leanpitch always creates the information offered on this Website; To
the extent that Leanpitch does create the content on this Website, such content
is protected by intellectual property laws of the India, foreign nations, and
international bodies. Unauthorized use of the material may violate copyright,
trademark, and/or other laws. You acknowledge that your use of the content on
this Website is for personal and noncommercial use. Any links to third-party
websites are provided solely as a convenience to you. Leanpitch does not
endorse the contents on any such third-party websites. Leanpitch is not
responsible for the content of or any damage that may result from your access
to or reliance on these third-party websites. If you link to third-party
websites, you do so at your own risk.
Use of Website; Leanpitch is not responsible for any damages resulting from
use of this website by anyone. You will not use the Website for illegal
purposes. You will (1) abide by all applicable local, state, national, and
international laws and regulations in your use of the Website (including laws
regarding intellectual property), (2) not interfere with or disrupt the use and
enjoyment of the Website by other users, (3) not resell material of the Website
without proper agreement and consent, (4) not engage, directly or indirectly,
in transmission of "spam", chain letters, junk mail or any other type
of unsolicited communication, and (5) not defame, harass, abuse, or disrupt
other users of the Website.
using this Website, you are granted a limited, non-exclusive, non-transferable
right to use the content and materials on the Website in connection with your
normal and noncommercial use of the Website. You may not copy, reproduce,
transmit, distribute, or create derivative works of such content or information
without express written authorization from Leanpitch or the
applicable third party
posting, storing, or transmitting any content on the Website, you hereby grant
Leanpitch a perpetual, worldwide, non-exclusive, royalty-free, assignable,
right and license to use, copy, display, perform, create derivative works from,
distribute, have distributed, transmit and assign such content in any form, in
all media now known or hereinafter created, anywhere in the world. Leanpitch
does not have the ability to control the nature of the user-generated content
offered through the Website. You are solely responsible for your interactions
with other users of the Website and any content you post. Leanpitch is not
liable for any damage or harm resulting from any posts by or interactions
between users. Leanpitch reserves the right, but has no obligation, to monitor
interactions between and among users of the Website and to remove any content
Leanpitch deems objectionable, in third parties and user’s sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR
SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. LEANPITCH EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, LEARNING FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY
RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS"
INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, LEANPITCH MAKES NO WARRANTY:
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO
INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
LEANPITCH ENTIRE LIABILITY, AND YOUR EXCLUSIVE
REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT
AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE
AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE
LEANPITCH WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS
AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
(1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE
COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR
OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST
PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold Leanpitch
harmless, and any of its contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from all liabilities, claims, damages,
costs and expenses, including reasonable attorneys' fees and expenses, of third
parties relating to or arising out of (1) this Agreement or the breach of your
warranties, representations and obligations under this Agreement; (2) the
Website content or your use of the Website content; (3) the Products or your
use of the Products (including Trial Products); (4) any intellectual property
or other proprietary right of any person or entity; (5) your violation of any
provision of this Agreement; or (6) any information or data you supplied to
Leanpitch. When Leanpitch is threatened with suit or sued by a third party,
Leanpitch may seek written assurances from you concerning your promise to indemnify
Leanpitch; your failure to provide such assurances may be considered by
Leanpitch to be a material breach of this Agreement. Leanpitch will have the
right to participate in any defense by you of a third-party claim related to
your use of any of the Website content or Products, with counsel of Leanpitch
choice at its expense. Leanpitch will reasonably cooperate in any defense by
you of a third-party claim at your request and expense. You will have sole
responsibility to defend Leanpitch against any claim, but you must receive
Leanpitch prior written consent regarding any related settlement. The terms of
this provision will survive any termination or cancellation of this Agreement
or your use of the Website or Products.
Leanpitch believes strongly in protecting user privacy
and providing you with notice of use of data. Please refer to Leanpitch privacy
policy<URL>, incorporated by reference herein, that is posted on the
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you
acknowledge that you have read and agree to be bound by this Agreement and all
terms and conditions on this Website.
Force Majeure. Leanpitch will not be deemed
in default hereunder or held responsible for any cessation, interruption or
delay in the performance of its obligations hereunder due to earthquake, flood,
fire, storm, natural disaster, act of God, war, terrorism, armed conflict,
labor strike, lockout, or boycott.
Cessation of Operation. Leanpitch may at any
time, in its sole discretion and without advance notice to you, cease operation
of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire
agreement between you and Leanpitch and supersedes any prior
agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Leanpitch to
exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
this Agreement remain in full force and effect.
Governing Law; INDIA This Website originates from the
Bengaluru, Karnataka. This Agreement will be governed by the laws of the State
of Karnataka without regard to its conflict of law principles to the contrary.
Neither you nor Leanpitch will commence or prosecute any suit,
proceeding or claim to enforce the provisions of this Agreement, to recover
damages for breach of or default of this Agreement, or otherwise arising under
or by reason of this Agreement, other than in courts located in State of
Karnataka. By using this Website or ordering Products, you consent to the
jurisdiction and venue of such courts in connection with any action, suit,
proceeding or claim arising under or by reason of this Agreement. You hereby
waive any right to trial by jury arising out of this Agreement and any related
Statute of Limitation. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Website or Products, or this Agreement must be filed
within one (1) year after such claim or cause of action arose or be forever
Waiver of Class Action Rights. BY ENTERING INTO THIS
AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS
WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST
BE ASSERTED INDIVIDUALLY.
Termination: Leanpitch reserves the right to
terminate your access to the Website if it reasonably believes, in its sole
discretion, that you have breached any of the terms and conditions of this Agreement.
Following termination, you will not be permitted to use the Website and Leanpitch may,
in its sole discretion and without advance notice to you, cancel any
outstanding orders for Products. If your access to the Website is
terminated, Leanpitch reserves the right to exercise whatever means
it deems necessary to prevent unauthorized access of the Website. This
Agreement will survive indefinitely unless and until Leanpitch chooses,
in its sole discretion and without advance to you, to terminate it.
Assignment. You may not assign your rights and obligations under this Agreement
to anyone. Leanpitch may assign its rights and obligations under this Agreement
in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS
WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS