Terms and Conditions
1.
The User agrees that for the Term of this usage,
He/she shall not, without the prior written consent
of 91springboard, directly or indirectly, own, manage, operate, have an interest
in, control or participate in the ownership, management, operation or control
of, or be otherwise connected in any manner with any corporation, partnership,
proprietorship, trust, association or other business entity, which directly or
indirectly engages anywhere in the World in a commercial activity identical or
similar to, or one that competes with the business of 91springboard;
a.
He/she shall not directly or indirectly, attempt in any manner to
solicit any client or customer or third party supplier or service
provider,
or attempt to persuade any person, firm or entity which is a client or
customer or third party supplier or service provider of
91springboard to cease doing business or to reduce the amount of
business which any such client or customer or supplier or service
provider has customarily done or might propose doing with 91springboard;
and
b.
He/she shall not directly or indirectly, employ or attempt to employ or
assist anyone else to employ any such person who is in the
employment of 91springboard, at the time of the alleged prohibited
conduct, or was in the employment of 91springboard, at any time
during the preceding six months.
2.
91springboard provisions continuous internet but the performance is subject to
unavailability,
including emergencies, third party service failures, transmission, equipment or
network problems or
limitations, interference, signal strength, and maintenance & repair.
End-to-end performance of internet service will also depend on a variety of other
factors,
including, but not limited to: the number of subscribers simultaneously using the
network;
specific characteristics of wireless connectivity and network hardware;
the capacity or performance of the User’s computer equipment; and intended
destination
and overall traffic on the internet.
3.
The User acknowledges and agrees that the internet usage
by
them shall be for its business use and agrees not to
use the internet in a manner prohibited by any central or state laws. Transmission
of any material in violation of Applicable Laws,
including, but not limited to any material or messages that are unlawful, harassing,
libellous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable in any manner or nature or that encourages
conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any Applicable Law is prohibited.
4.
The User acknowledges and agrees that the ISP may monitor the internet usage of the
User. The ISP or 91springboard may disclose information regarding User’s use of the
internet services in order to satisfy Applicable Laws, regulations, governmental
requests, or as per the terms of usage of the ISP. 91springboard agrees to comply
with the privacy and data security laws applicable to 91springboard.
5.
User shall not attempt to circumvent User authentication or security of any host,
network, or account,
including but not limited to, accessing data not intended for the User, logging into
a server or account the User is
not expressly authorized to access, or probing the security of other networks or
other members of the Hub.
91springboard is not responsible for data, messages or pages lost, not delivered or
misdirected because of interruptions
or performance issues with the service, or the underlying network(s) and
transmission equipment and systems.
6.
The Parties agree that 91springboard has the right to terminate this usage, in the
event, the User is found to have contravened any of the terms of usage, to have
acted in a manner, which in 91springboard’s sole discretion, hampers the use and
enjoyment of the Hub by other members of the Hub, the team of 91springboard and
guests, occupants and contractors of the building where 91springboard’s office is
located.
7.
The User hereby agrees to indemnify and hold 91springboard harmless in the event:
Any person sustains an injury at Hub or some property gets damaged as a result of
User’s negligence.
User shall be liable to pay for that injury or damage irrespective of whether User’s
insurance provider covers the said damage or not.
The User undertakes to take appropriate insurance coverage to discharge its
liability for such injury or damage sustained by 91springboard.
The User hereby agrees to not hold 91springboard or its employees or agents
responsible for the loss, theft, or damage of User’s
belongings/property/confidential information, including but not
limited to laptop computers, cell phones, clothing, bags, wallets, notes, prints or
books.
91springboard will procure liability and personal property insurance for property
belonging to 91springboard and the Hub.
User shall carry their own liability and personal property insurance policy to cover
their own property and to protect
themselves against damage caused to 91springboard, the co-working space, or other
member’s personal belongings.
8.
If the performance by either Party, of any of its obligations under this usage is
prevented,
restricted or interfered with by reason of Force Majeure Event,
then such Party shall be excused from such performance to the extent of such
prevention, restriction.
9.
The User agrees and acknowledges that any information disclosed by 91springboard,
inclusive of any ideas, strategies, data,
and designs, terms and conditions of this usage is strictly confidential in nature
and the User is under an obligation to not disclose
such information to any third party other than its advisors. If the User determines
that it is required, under Applicable Law, to disclose
information regarding this usage, it will, before making any such disclosure or
filing, consult with 91springboard regarding such
disclosure or filing and make reasonable efforts to seek confidential treatment for
such portions of the disclosure or filing as may be
requested by 91springboard to the extent permissible under Applicable Law.
91springboard also agrees and acknowledges that
the User's personal information shall not be shared/ disclosed without the prior
consent of the member or shall be shared only if
required under Applicable Law. However, some of the information might be used as a
part of an aggregate data set that might be used to provide insights to the
government.
10.
The governing law of this usage shall be law of India. Subject to the dispute
resolution clause below, the courts of New Delhi, India shall have jurisdiction over
any dispute arising hereunder.
11.
The User hereby agrees and grants 91springboard the permission to use its name,
trademark, logo and photographs of User solely for
promotional and advertising purposes. 91springboard acknowledges and agrees that the
aforesaid authorization to use the name, trademark and
logo of the Member Entities shall not in any way grant 91springboard, any rights in
such intellectual property of the User.
12.
The User hereby agrees and acknowledges:
a.
not to engage in any illegal activity in the
Hub or the Designated Area or in and around the building in which
91springboard Hub and office is located, including but not limited to
drug use and/or illegal online activity;
b.
not to engage in consuming, provisioning or selling alcohol or drugs of
any kind in the Hub or the Designated Area or in and around the building
in which 91springboard Hub and office is located, except when alcohol is
procured with license by 91springboard for an event. Any such activity
may lead to termination of membership of the User;
c.
not to engage in any online or business activity of such a nature that
may damage or impair the functioning of the Hub or office space or its
services, including but not limited to overburdening or impairing any
servers or networks connected to 91springboard; and
d.
not to engage in any online or business activities involving moral
turpitude that may damage or otherwise adversely affect
the benefits of Membership, 91springboard’s reputation, or the
reputation of other members of 91springboard,
including but not limited to using Hub in connection with downloading or
using trademarked or copyrighted material without permission,
pyramid schemes, spam, identity theft, defaming or harassing others, or
uploading or downloading profane or indecent material.
In cases where a judgment call remains to be made in connection such
judgments will be made at the sole discretion of 91springboard.