Terms & Conditions

This documents covers ConnectOSH website ( www.ConnectOSH.com) , mobile application (such as for Android or iPhone) or content, and any other product and /or services & electronic media provided by the parent company, SoftOSH Technologies LLP (The Company) is an electronic records in terms of the Information Technology Act, 2000 and rules made under the same. These Terms of Use (“Terms”) are an agreement between you and parent company (“ConnectOSH”).

Terms of Use:

Acceptance of Terms:

You are advised to read the terms & conditions carefully before you start to use the Website as the usage to the product or services offered by the company to the users are carefully governed by the same. By registering , accessing or using any services, you indicate that you agree and accept to these Terms of Use and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms of Use which takes effect on the date on which you first use the Website. If you do not agree to these Terms, do not use the Site.

Amendment of Terms;

ConnectOSH reserve the right to amend these Terms of Use on time to time basis without any prior notice to you by posting changes online. You are responsible to regularly review information posted in the Website to obtain timely notice of such changes. Your continue access or use of the Website after changes are posted constitutes your acceptance of the amended Terms of Use.

Qualification:

The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872. However, it is hereby specifically provided that Persons who are minors, Persons of unsound mind, and undischarged insolvents are not eligible to use the Platform Further, a Registered User should be a qualified Occupational Safety, Health, Environment and Fire (OSHE&F) professionals shall also hold or be pursuing PDIS, ADIS, Fire Safety Diploma, OSH Diploma or an equivalent or higher OSHE&F degree/diploma which is recognised by the Min of Labour & Employment, DGFASLI or DGMS or an equivalent or higher OSHE&F degree which is recognised by the relevant jurisdiction under the applicable Law.

Enrollement and Communication

A User is required to register and create a profile and/or verify his/her pre-existing profile in order to be eligible to access the online directory for searching fellow qualified Occupational Safety, Health, Environment and Fire (OSHE&F) service providers or  professionals and/or to connect, add or call them or engage in any of the online discussions on the Platform.

Additional Terms:

In addition , when using particular ConnectOSH services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.

User Information:

A User is solely responsible for maintaining the confidentiality of their account, username, password and all activities that occurs under the same credentials and company shall not be liable or responsible  whatsoever in this regard. You should registered with accurate information at the time of signup and later on and keep updated such information on time to time basis. Any services of ConnectOSH is only accessed through successful registration and providing your details including( but not limited to) complete name, age, email address, residential address, contact number, location etc.

The firm, its directors/partners, shareholders, employees, associates, contractors or agents shall not be responsible in any manner for any Losses occurring from any breach of secrecy of your username, password and user code. You agree that the sole purpose of registering on or using the Platform is to access an e-platform for Occupational Safety, Health, Environment and Fire (OSHE&F) service providers or OSHE&F professionals in order to engage in meaningful discussions in relation to the OSHE&F profession, networking and collaborating effectively and keeping track on news and views in the OSHE&F world, and You shall not use this Platform in any manner for any other purpose other than as mentioned above and for purposes which are not permitted under the applicable Law. You shall not claim a Pre-Existing Profile that does not describe You.

The Platform contains Pre-Existing Profiles, which contain the personal and professional Information of various Persons belonging to the OSHE&F profession and by registering on the Platform and claiming the Pre-Existing Profile, the concerned Users/Registered Users confirm that they have no objection to the presence of their Pre-Existing Profiles prior to their respective claim. You have a right to access, modify, correct and eliminate the data about You, which has been collected in the Pre-Existing Profiles prior to the claim or modified pursuant to your decision to become a Registered User. If You update any of your information, we may keep a copy of the information in the Pre-Existing Profiles or which You provided us from time to time in our archives for the purposes of maintaining records. Certain information You provide on the Platform may reveal, or allow others to identify different aspects of Your private life, and more generally about You. You are expressly and voluntarily accepting these terms and conditions and that of Privacy Policy. The supplying of all such information by You on the Platform, including all information deemed “personal” or “sensitive” by applicable laws, is entirely voluntary on your part. You agree to provide true, accurate, up to date and complete information while registering or verifying Your Pre-Existing Profile or for any other purpose when prompted or requested to do so on the Platform. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other Person. You are responsible to maintain and promptly update the information provided while registering or verifying or for any other purpose on the Platform to ensure that the information provided by You is true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete or the company has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and Conditions, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever. Should any other User or Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by You, the Company shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims etc. resulting from such information to You or to any third party. You shall be liable to indemnify the Company and related parties in accordance with the Indemnity clause contained in these Terms and Conditions. Once You have registered or claimed and verified the Pre-Existing Profile, You agree and allow the Platform to get access of your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other Users of the Service, your location, short messaging texts, calls, usage of camera, contents on your SD card, access to internet, control vibration, terms added to your dictionary, accounts on your device and such other data or information downloaded, added, edited, stored, processed, used, deleted etc on or from your device.

By signing up, you agree to the Terms of Use.

Electronic Communication:

You agree to keep yourself updated with all data, information and communication pertaining to You made available on the Platform by the Company. You further agree that Your use of the Platform or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and You consent to receive communication from the Company via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/ electronic record. You understand You may have to bear/pay any charges associated with any such access (including text messaging charges for messages from Your mobile device). Our communications to You may include communication that would inform Users about various features of our services. The Company may also send You promotional information unless You have opted out of receiving such information.

Terms of Use:

You understand and agree that the Company and the Platform merely provide a platform to its Users who access the Platform for connecting OSHE&F Service providers or  professionals in order to allow them to engage in meaningful discussions in relation to their profession, network and collaborate effectively and keeping track on news and views in the OSHE&F world. You understand that Company makes all decisions for the Platform. All unclaimed profiles of OSHE&F providers or OSHE&F professionals have been obtained by the Platform through a mix of public domains or from authorised sources. You understand that, for the benefit of its Users, the Company aggregates on the Platform material including articles, pieces, images, news, views, updates and such other informational items related to the OSHE&F world from publicly available resources with due acknowledgement to the ostensible owner, by using various technologies. Neither the Company nor the Platform are responsible for any contents on the Platform either derived from public domains or authorised sources or created by its Users including without limitation all data, profiles, contact details, case discussions, news, views, updates, articles, reviews or comments provided or shared by Users. Neither the Company nor the Platform have any role in creation of contents of the Platform meant to be created by the Users. The Company specifically disclaims all liability arising out of the use or reliance on the contents of the Platform. You also give permission to the Company to store details and records of Your usage of the Platform indefinitely. However, this does not constitute any obligation on the part of the Company or the Platform to do so. The Company may charge a fee or charges, as intimated from time to time on the Platform and/or by email or SMS, for registration on the Platform as Registered Users, for availing services provided by the Company through the Platform. Currently, the Company does not levy any charges/fees for registration, access or browsing on the Platform. The Company reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing services provided on the Platform or on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services including for any premium services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the Terms and Conditions or any of the Policies of the Company shall be published on the Platform and such changes shall automatically become effective immediately after they are published on the Platform. You are requested to visit the Platform often to keep abreast of any amendments. The Platform is currently available only to registered or verified Users to access the online database in the form of directory of OSHE&F Service providers or OSHE&F professionals. You agree that the Company may appoint any Internal Service Provider, including but not restricted to one or more of an Affiliate to provide backend operations and support as instructed by the Company from time to time.. The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on the Platform and does not bear any liability whatsoever arising out of such content or actions of third parties including that of an Internal Service Provider. Any information provided by You to the Company, either electronically or physically or submitted on the Platform or provided or displayed to other Users of the Platform in the form of case discussions, news and events, reviews, comments in the feedback area or in discussion groups or through any private message or e-mail communication is solely Your responsibility. The Company or the Platform is not liable for accuracy, appropriateness or legality of such information.

User Obligations

You will treat the Website or Platform as a mere passive channel or enabler which is used as a platform by Users to provide information for the purpose of networking and creating awareness among the Users in the OSHE&F field so that such information can be discovered and read by other Users or only Registered Users of the Website who, as per the policies of the Platform, may comment, review or share information, data, news and views pertaining to the OSHE&F profession among fellow Users. You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item or services or choose a User name that: belongs to another person and to which You do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, insulting, hurting religious or other sentiments, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 (or corresponding applicable Law); harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of or services using counterfeit or stolen items; violates any law for the time being in force; deceives or misleads the Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person or uses an anonymous proxy; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, bugs, bots, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation; is false, inaccurate or misleading; directly or indirectly, offers, attempts to offer, trade or attempts to trade in any item/service, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law; may give rise to liability on part of the Platform or the Company or cause any hindrance (in whole or in part) with respect to the services of Internet Service Providers or other suppliers of the Platform or the Company including Internal Service Providers; and links directly or indirectly to or includes descriptions of items that are (i) prohibited under the Terms and Conditions or any other applicable Law including but not limited to the Indian Penal Code, 1860, Information Technology Act 2000 (or all applicable corresponding Laws) as amended time to time and rules there under. You shall not promote any website or webpage or link on the Platform. In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the User to the Platform without any notice and any such violative information that is displayed or submitted on the Platform can be removed immediately and completely and/or report to investigating authorities if bound by applicable Law. You shall be responsible for keeping backup versions of the information and data provided by You. You hereby agree that You will not expect the Platform to restore or keep back up of Your information and data and not hold the Platform or the Company accountable for any loss of data under any circumstances. You will refrain from accessing information or databases in an unauthorized manner from the Platform or servers where information or databases are kept. You shall not attempt to or circumvent or manipulate any of the obligations conferred on You by these Terms and Conditions and/or Policies. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Platform and also for taking appropriate legal action. In case of any transaction or attempted transaction which is in violation of these Terms and Conditions or applicable Laws comes to Your knowledge, You shall forthwith take all steps to inform the Company of such violation at legal@connectosh.com If You choose to provide feedback or any comments on the Platform which is visible to other User(s), You shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or insulting or offensive/ obscene contents and to extend reasonable courtesy to other User(s). You shall access the Platform only by using a conventional web browser or a mobile device, as facilitated by the Company from time to time. The Platform is controlled and operated by the Company. All material on this Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property and proprietary rights that are either owned and controlled by us or by other parties that have licensed their material to us or such material which has been derived or aggregated from publicly available resources with due acknowledgement to the ostensible owner. We do not guarantee the authenticity, genuineness, usefulness or ownership of the contents of such material derived or aggregated from publicly available resources. You shall use the services of the Platform solely for personal purposes and only to avail services of the Platform. You shall never copy, distribute, exchange, modify, sell or transmit anything from the Platform, including but not limited to the text, audio, video and images for any commercial purpose other than the purposes set out in these Terms and Conditions. You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless You have obtained the User’s express consent to do so. You shall not place any advertisements on the Platform in any manner. Further, You shall not use the Platform to promote Your own or any other persons’ business or interests on the Platform except for information needed by the Platform or the Company or for the purposes set out in these Terms and Conditions. You confirm that these Terms and Conditions hereunder will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions or provisions of any other agreement or instrument to which You are a party or by which You are bound or to which any of Your property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of Your duties hereunder. You have obtained any consent, approval, authorization of Authority required for the execution, delivery and performance of its respective obligations hereunder. If the Company suffers any loss or damages or a claim is made by any Person against the Company or the Platform as a result of a breach or default or contravention on Your part of the Terms and Conditions and the Policies, You agree to, forthwith upon delivery of notice by the Company, make good such losses or damages or claim amounts to the Company all such losses or damages. You confirm that there is no action, suit or proceeding pending against You or to Your knowledge, threatened in any court or by or before any other Authority which would prohibit Your entering into or performing obligations under these Terms and Conditions and Privacy Policy. You confirm that you shall not transfer Your registration and shall not assign any rights and obligations under these Terms and Conditions and Policies to any third party without the specific permission of the Company.

Disclaimers

The Platform is only a platform where Users may meet and interact with one another for the purposes set forth herein. The Platform or the Company is not and cannot be a party to or control in any manner between two Users of the Platform. Neither the Company nor the Platform is responsible and does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, prescriptions, products, procedures, treatments, services, opinions, OSHE&F professionals, Occupational health care providers or other information that may be made by Users on the Platform or contained on or available through the Platform by links to other websites or otherwise including through material which has been derived or aggregated from publicly available resources. Other than providing a reasonable grievance redressal mechanism through the Grievance Redressal Officer, the Company shall not and is not required to mediate or resolve any dispute or disagreement between users. The Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the services provided on the Platform by the Users. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items/services on the Platform. The Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties. It is clearly understood by You that all warranties, implied or express, in relation to the services provided on the Platform by the Users are directly between the relevant Users. The Company does not make any representations or warranties as to the attributes (such as legal entitlement, creditworthiness, identity etc.) of any of its Users. You are advised to use Your best judgment and independently verify the bona fides of any particular User that You choose to deal with on the Platform. You release and indemnify the Company and/or any of its officers, representatives and agents from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that You may have in this behalf under any applicable Law. You understand that the Company is not in a position to control the information provided by other Users, which is made available on the Platform or material which has been derived or aggregated from publicly available resources notwithstanding the Company’s reasonable efforts in that behalf. You may find other User’s information or material has been derived or aggregated from publicly available resources to be offensive, harmful, inaccurate, or deceptive. You shall use caution and practise safe dealing when using the Platform. Please note that there may be risks in dealing with Users, under-age persons or people acting under false pretence or in relying on material which has been derived or aggregated from publicly available resources. The Company may need to disclose your personal and other information provided by You when required by law, in relation to compliance with a court order, ongoing judicial proceeding, or any other legal process or request to the Company brought in any country throughout the world, or to exercise our legal rights or defend against legal claims. The Company may also disclose your personal and other information You provide, to another third party as part of a re-organization or a sale of any or substantially all of the business of the Company. Any third party to which the Company or its shareholders transfer or sell the Company’s shares or assets will have the right to continue to use the personal and other information that You provide.

Limited liability of the Company

In no event shall the Company or its suppliers, affiliates, service providers and Internal Service Providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with the Platform, the Pay Facility, services provided by Internal Service Providers on behalf of the Platform or the Company or any other services. The Company’s liability under all circumstances is limited to the amount of charges/ fees, if any, paid by You to the Company. The Company, its associates, Affiliates and Internal Service Providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that of the operation of the Platform or Pay Facility or that of any Internal Service Provider will be error free and/or uninterrupted. The Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of: (a) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform or Pay Facility; or (b) any delay, failure, interruption or errors in the operation of the Platform or Pay Facility or the Internal Service Provider. The Platform may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Platform shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Indemnity for non-compliance or breach

You shall indemnify and hold harmless the Company and the Company’s parent, subsidiaries, Affiliates, Internal Service Provider and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys’ fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the Terms and Conditions including the Policies incorporated herein by reference, or Your violation of any applicable Law, rules or regulations or the rights of a third party or resulting from untrue, inaccurate, not current or incomplete information provided or verified by You .

Payment for Paid Services

In order to enable Users to use paid services on the Platform, the Company will provide Pay Facility by a third party service provider on the Platform, at its sole discretion. The Pay Facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Payment Facility shall be availed in accordance with these Terms and Conditions and the Policies. The Pay Facility would support online bank transfers and payments through credit/debit cards from the banks that are available while selecting the Pay Facility as the payment method or by cash cards. The Company may add or remove or suspend payments through any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being published on the Platform. The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (the nodal bank in the payments facilitation) in a timely manner. However, a number of factors that are outside of the Company’s control (including without limitation actions of Issuing Bank, Nodal Bank or credit / debit/ cash card and/or banks’ or financial institution’s infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment may delay the time within which such payments are collected/ remitted by the Company through the Pay Facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay. You agree and accept that the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the payment transaction by reason of providing the Pay Facility or any other method of payment to its Users.

International Users

The Platform and the services are hosted on cloud servers. If You are a User accessing the Platform and Service from the European Union, United States of America, Latin America, Australia, Asia or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through Your continued use of the Platform, You expressly consent to that transfer and consent to be governed by Indian law for these purposes and the Policies and these Terms and Conditions, which are in turn governed by Indian law.

Consent and Privacy Policy

By using the Platform and/or by providing Your Information, You consent to the collection and use of such Information disclosed by You on the Platform and on the Pay Facility (if applicable), by the Company. The personal information / data including but not limited to the information provided by You to the Platform/ Pay Facility (if applicable) during the course of You being a registered User shall be retained in accordance with the Policies including the Privacy Policy published on the Platform from time to time which is incorporated herein by reference and applicable Laws including but not limited to Information Technology Act, 2000 and rules there under. If You do not agree to Your information being transferred or used in this way please do not use the Platform. The Company views the protection of User’s privacy as a very important community principle. The Company clearly understands that You and the personal information provided by You is one of the most important assets to the Company. The Company stores and processes the information provided by You that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.

Membership Premium Plans & Payment:

Members receive plans as offered by the company which cannot be transfered or gifted to third parties, including other ConnectOSH members. Users will be able to avail full services once the payment is made which is non-refundable and payment will be paid through a secure channel (via a valid payment method). The Company reserves the right to alter plans in accordance with usage and market trends. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS

Limitations of Liability:

The company is not responsible for any derogatory remarks posted by users or partners on social platforms or objectionable posts. The user takes sole responsibility for the same. The company will suspend the accounts of such users/partners indefinitely and can initiate legal action against them if need be. ConnectOSH is not liable for any direct, incidental , special or consequential damages of any kind in connection with these Terms of Use, even if user has been informed in advance of the possibility of such damages.

Grievances

 For any grievances, kindly contact support@connectosh.com.