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Associate Partner Agreement

 
TERMS AND CONDITIONS OF ASSOCIATED PARTNERS.


Terms and Conditions

These terms form a legally binding agreement between Users (“User(s), you, your, yourself”) and HOWARD international world class of English speaking and /or its subsidiaries and affiliates (“HOWARD, we, us, our”). These terms shall govern the use of the website, mobile application, call centres (collectively referred to as “HOWARD Platform”) which enables the User to connect with us in relation to the services offered through the HOWARD Platform ("Services").
Please read these terms carefully before accessing, using, obtaining or availing any classes or Services by HOWARD. If you do not agree with these Terms of Use you may refrain from using the HOWARD Platform and/or Services. These conditions must be read in conjunction with any other applicable terms and conditions governing the use of HOWARD Platform and Services.
HOWARD reserves the right to modify these Terms of Use at any time at its sole discretion. It will be your responsibility to keep yourself updated with the Terms of Use from time to time, your continued usage of the HOWARD Platform and Services would be deemed to be an acceptance of these terms and the modifications thereto.
Points of Contents:
1. Scope of Services
2. Eligibility to use
3. Using the HOWARD Platform : Account Registration and use
4. Term & Termination
5. Terms specifically applicable to Students
6. Usage Terms
7. Prohibited content and use
8. Communications
9. Third party links 
10. Intellectual Property
11. Indemnification
12. No warranty
13. Limitation of Liability
14. General Provisions

1. Scope of Services
HOWARD through the HOWARD Platform connects Users with third parties to use HOWARD branded properties managed and/or owned by third parties (“Channel Partners”) or HOWARD as the case maybe to help the Users avail the Services. HOWARD Platform offers Services to its Users by offering its student classes (“HOWARD Student classes”) which shall include but shall not be limited to:
a. HOWARD REGISTRATION
b. HOWARD LIFE TIME MEMBERSHIP CARD
c. HOWARD CLASSES
d. HOWARD PRACTICE CLASSES
e. HOWARD SUPPORT (MARKETING AND CLASSES ,ONLINE /OFFLINE)
f. HOWARD CRM AND ONLINE ATTENDANCE AND TASKS
2. Eligibility to use
You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse the HOWARD Platform, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. HOWARD reserves the right to terminate User’s access and refuse to provide User with access to the HOWARD Platform if HOWARD discovers that User is under the age of 18 years.
3. Using the HOWARD Platform : Account Registration and use
HOWARD makes the Services available to you through the HOWARD Platform upon you providing HOWARD certain required User information and having created an account ("Account")through HOWARD ID and password or other log-in ID and password (collectively, the "Account Information"). The HOWARD Platform requires you to register as a User by creating an Account in order to utilize the Services provided. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify HOWARD of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that you exit/log out from the account at the end of each session. HOWARD cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by HOWARD or any other student or visitor to the HOWARD Platform due to authorized or unauthorized use of your account as a result of your failure in keeping its Account Information secure and confidential.

HOWARD also allows restricted access to the HOWARD Platform for unregistered users. At the time of registration, you shall ensure that the Account Information provided by you in the HOWARD Platform registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
4. Term & Termination
In case you wish to discontinue you can at any point opt out of your membership of the HOWARD Platform. HOWARD deserves the right to unilaterally terminate your use of the HOWARD Platform without notice or any liability for reasons of breach of the terms mentioned herein.
5. Terms specifically applicable to Student :
Users availing Services and HOWARD Student classes via the HOWARD Platform (hereinafter referred to as “Students”) shall be governed by the following terms and conditions:
A. Registration or classes of services

The process of registering Services from this HOWARD Platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services. The User agrees, acknowledges and confirms that before registering in any class on the HOWARD Platform, the User shall check the Service description and price carefully and by registering any class for a Service you agree to be bound by these terms including the Services’ description. You shall only register the class  after fully satisfying yourself with the fee, description, look as has been displayed on HOWARD Platform. HOWARD shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s act’s or omissions That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with the terms, and believing the same to be true and acting on the faith thereof, HOWARD has agreed to provide the Services to the User as per the terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to HOWARD:
a. the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to HOWARD for Services registered by the User.
b. In the event of detecting any suspicious activity from User’s account, HOWARD reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
c. In a credit card or debit card transaction; you must use your own credit card or debit card for which User has full right & authority to validly use such Credit Card or debit card  for making payment to HOWARD. HOWARD shall not be liable for any credit card or debit card  fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.
d. While using the HOWARD Platform User shall at all times strictly comply with the payment procedure and the terms mentioned herein in their entirety.
e. Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the classes and usage fee of the classes as has been displayed on HOWARD's Platform.

The User agrees and acknowledges that in the HOWARD Platform all Services are offered only at the sole discretion of HOWARD.
B. Payment & Usage Fee
You hereby agree and understand that you will have to pay the usage fee as mentioned on the HOWARD Platform for the concerned Services via the payment mode provided on the HOWARD Platform post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, HOWARD will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.

HOWARD uses third party payment providers to receive payments from User. HOWARD is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. HOWARD takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

User making payments for Services provided via the HOWARD Platform, would be making payments to the entities mentioned as per the link mentioned in the tab named Payment for Services.
C. No Warranty
By using the HOWARD Platform you hereby acknowledge and agree that HOWARD is not a class/INSTITUTE owner/ and has no control over the conduct or behavior of the management of any property or the quality, fitness or the suitability of the services provided by third party offering services. HOWARD disclaims any and all liabilities in this regard. You are requested to kindly take due care of all their personal valuables and belongings. HOWARD and its employees shall NOT be responsible for ‎any loss, theft or damage to the Students personal valuables and belongings.
6. Usage terms
The information, materials, Services available on the HOWARD Platform may inadvertently include inaccuracies, typographical errors, or outdated information, HOWARD is not responsible for and shall not be bound to honor typographical or pricing errors on the HOWARD Platform. HOWARD reserves the right to refuse or cancel orders at any time, including but not limited to the orders that contain incorrect prices or classes descriptions, orders in which HOWARD believes the User has violated applicable laws or these terms, orders that HOWARD believes are harmful to HOWARD or orders that HOWARD believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. HOWARD neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. HOWARD expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the Services and/or student classes.

HOWARD shall not be responsible for the delay or inability to use the HOWARD Platform unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the HOWARD Platform, or otherwise arising out of the use of the HOWARD Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, HOWARD shall not be held responsible for non-availability of the HOWARD Platform during periodic maintenance operations or any unplanned suspension of access to the HOWARD Platform that may occur due to technical reasons or for any reason beyond HOWARD’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the HOWARD Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. HOWARD accepts no liability for any errors or omissions, with respect to any information provided to the User.
7. Prohibited Content :
As a pre-condition of use of the HOWARD Platform, User warrants to HOWARD that User shall not use this HOWARD Platform for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the User agrees that this license to use HOWARD Platform will terminate immediately upon User's violation of this warranty. HOWARD reserves the right, at its sole discretion, to block/terminate User's access to this HOWARD Platform and its content at any time, with or without notice. The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the HOWARD Platform by the User:
a. shall not be false, inaccurate, misleading or incomplete; or
b. shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or debit cards 
c. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or
d. shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or
e. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or
f. shall not create liability for HOWARD or cause HOWARD to lose (in whole or in part) the services of HOWARD’s ISPs or other service providers/suppliers. If the User contravenes the foregoing or HOWARD has reasonable grounds to suspect that the User has contravened the foregoing, HOWARD has the right to indefinitely deny or terminate User's access to the HOWARD Platform and to refuse to honor the User's request(s).
The Users are prohibited from engaging in the following activities:
a. Systematically retrieve data or other content from the HOWARD Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
b. Make any unauthorized use of the HOWARD Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
c. Circumvent, disable, or otherwise interfere with security-related features of the HOWARD Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the HOWARD Platform and/or the Content contained therein.
d. Engage in unauthorized framing of or linking to the HOWARD Platform.
e. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
f. Make improper use of our support services or submit false reports of abuse or misconduct.
g. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
h. Interfere with, disrupt, or create an undue burden on the HOWARD Platform or the networks or services connected to the HOWARD Platform.
i. Attempt to impersonate another user or person or use the username of another user.
j. Sell or otherwise transfer your profile.
k. Use any information obtained from the HOWARD Platform in order to harass, abuse, or harm another person.
l. Use the HOWARD Platform as part of any effort to compete with us or otherwise use the HOWARD Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
m. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the HOWARD Platform.
n. Attempt to bypass any measures of the HOWARD Platform designed to prevent or restrict access to the HOWARD Platform, or any portion of the HOWARD Platform.
o. Copy or adapt the HOWARD Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
p. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the HOWARD Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the HOWARD Platform.
q. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
r. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the HOWARD Platform, or using or launching any unauthorized script or other software.
s. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the HOWARD Platform.
t. Use the HOWARD Platform in a manner inconsistent with any applicable laws or regulations.
8. Communications
When you use the HOWARD Platform, you agree and understand that you are communicating with HOWARD through electronic records and you consent to receive communications via electronic records from HOWARD periodically and as and when required. HOWARD may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that HOWARD shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, HOWARD will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this HOWARD Platform, you agree that HOWARD shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that HOWARD shall not be held liable or responsible for 'phishing attacks' on you. You may accept or decline the cookies when you accesses HOWARD Platform. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
9. Third Party Links
This HOWARD Platform may at HOWARD sole discretion, contain links to HOWARD Platforms owned and maintained by persons or entities other than HOWARD. HOWARD may also provide links to the other sites for purpose of enabling the Student to make payment to HOWARD. Any of the foregoing links do not constitute an endorsement by HOWARD of any such sites and are provided only as a convenience. HOWARD is not responsible for the content or links displayed on such sites. HOWARD is not responsible for the privacy practices of such sites which HOWARD does not own, manage or control. HOWARD does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this HOWARD Platform may be linked and HOWARD shall not be responsible for any deficiency thereof. HOWARD does not endorse any or all of the materials, Services, and services available on such linked sites, and HOWARD expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.
11. Intellectual Property
HOWARD Platform and the content posted herein which shall include but shall not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to HOWARD; all comments, feedback, ideas, suggestions, information or any other content provided by the User(hereinafter referred to as “HOWARD IP”). You may not modify, publish, copy, transmit, transfer, sell, reproduce, modify create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit HOWARD IP in any other way.

The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to HOWARD or HOWARD Platform (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for HOWARD to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this HOWARD Platform and that use of his/her content by HOWARD shall not infringe upon or violate the rights of any third party. 
13. Indemnification
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to HOWARD herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold HOWARD harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by HOWARD that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
14. No warranty
The Services are provided by HOWARD on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, HOWARD makes no warranty that (i) HOWARD Platform or the Services will meet your requirements or your use of the HOWARD Platform or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the HOWARD Platform, or Services will be effective, accurate or reliable; (iii) the quality of the HOWARD Platform, or Services will meet your expectations; or that (iv) any errors or defects in the HOWARD Platform or Services will be corrected. No advice or information, whether oral or written, obtained by you from HOWARD or through or from use of the HOWARD Platform shall create any warranty not expressly stated in the terms of use. HOWARD shall have no liability to the User for any interruption or delay, to access the HOWARD Platform irrespective of the cause.

It is hereby further clarified that HOWARD and Channel Partners are separate and independent entities and HOWARD does not work as representative or agent of the Channel Partner. By making a reservation/registering at the listed Accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.

The User hereby assumes the sole risk of registering or making use or relying on the information relating to the Services available on this Website/ Mobile Application/ Call Center/ Partners. It is User’s responsibility to check the details of the Accommodations listed on the HOWARD Platform at its sole discretion. HOWARD shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall HOWARD be made a party to dispute between User(s) and Channel Partner(s) except in cases of online payments where HOWARD shall be considered the first point of contact. HOWARD will be the first point of contact in respect of online payment dispute management, refunds, cancellations, returns and student support as they relate to the use of HOWARD platform. User can reach out to HOWARD to mediate or resolve any online payment dispute or disagreement between User and Channel Partners.

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15. Limitation of Liability
HOWARD shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this HOWARD Platform or any of the information, software, services and related graphics contained within the HOWARD Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if HOWARD has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, HOWARD'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING HOWARD SERVICES/ BROWSING THE HOWARD PLATFORM SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
16. General Provisions
Governing Law and Jurisdiction: This Agreement, and all transactions entered into on or through HOWARD Platform shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the HOWARD Platform, the terms or any transactions entered into on or through the HOWARD Platform or the relationship between User and HOWARD shall be subject to the exclusive jurisdiction of the courts at Delhi and User hereby accede to and accept the jurisdiction of such courts.
No Waiver :Any failure, delay or forbearance on the part of HOWARD in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by HOWARD of any right, power or privilege preclude any other future exercise or enforcement thereof.
Severability: The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.



Howard Institute