The TRIM-HR website presently located at www.trimhr.com is a work belonging to TRIM HR Consulting Pvt. Ltd. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Access to the Site
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, or business use but not for sale or distribution
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
TRIM-HR reserves the right to change, suspend, or cease the Site with or without notice to you, and TRIM-HR will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that TRIM-HR will have no obligation to provide you with any support in connection with the Site other than what is agreed to in these terms.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content, are owned by TRIM-HR or TRIM-HR suppliers. Note that these Terms and access to the Site do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights those found in the relevant Section. TRIM-HR and its supplier’s reserve all rights not granted in these Terms.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because TRIM-HR does not control User Content, you acknowledge and agree that TRIM-HR is not responsible for any User Content, whether provided by you or by others. You agree that TRIM-HR will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, TRIM-HR is under no obligation to become involved.
You hereby release and forever discharge the TRIM-HR and their officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to the Site.
Cookies and Web Beacons. Like any other website, TRIM-HR uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
The site is provided on an “as-is” and “as available” basis, and TRIM-HR and their suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Excepting as provided herein TRIM-HR and their suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Limitation on Liability
To the maximum extent permitted by law, in no event shall TRIM-HR or their suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if the company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, TRIM-HR’s liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of Indian Rupees Two Thousand Five Hundred (INR 2500). The existence of more than one claim will not enlarge this limit. You agree that TRIM-HR’s suppliers will have no liability of any kind arising from or relating to this agreement.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. TRIM-HR can suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve the deletion of your User Content associated with your Account from our live or cloud databases. TRIM-HR will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the relevant provisions of continuing obligations provided therein will .remain in effect.
TRIM-HR respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, TRIM-HR has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification needs to be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if TRIM-HR makes any substantial changes, TRIM-HR will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing TRIM-HR with your most current e-mail address. In the event that the last e-mail address that you have provided to TRIM-HR is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on TRIM-HR’s Site. These changes will be effective immediately for new users of the TRIM-HR Site. Continued use of TRIM-HR’s Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by TRIM-HR that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and TRIM-HR and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice to TRIM-HR company should be sent to Office No. 24, 1st Floor, Bldg. No. TL5, Morning Glory Tropical Lagoon, Kavesar, off Ghodbunder Road, Thane (W) – 400607 After the Notice is received, you and TRIM-HR will attempt to resolve the claim or dispute informally. If you and TRIM-HR do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
Arbitration Rules. The arbitration shall be initiated through the Indian Council of Arbitration (ICA), an established alternative dispute resolution provider that offers arbitration as set forth in this section. If ICA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The ICA Arbitration Rules governing the arbitration are available online at Indian Council of Arbitration Room 112, Federation House
Tansen Marg New Delhi 110001. The arbitration shall be conducted by a single, neutral arbitrator. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, video-conferencing, or online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the ICA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and TRIM-HR, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the ICA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The award of the arbitrator is final and binding upon you and TRIM-HR.
Jurisdiction. Both parties elect that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are regarded to be more limited, more efficient, and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and TRIM-HR competent courts at Thane will have the exclusive jurisdiction in a suit to vacate or enforce an arbitration award or otherwise.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement / Electronic Mode Contract are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with TRIM-HR.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before the Competent Court stated above, a court in order under the provisions of the Indian Arbitration Act 1996.
Electronic Communications. The communications between you and TRIM-HR use electronic means, whether you use the Site or send us emails, or whether TRIM-HR posts notices on the Site or communicates with you via email. For Electronic mode contractual purposes, you (a) consent to receive communications from TRIM-HR in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copywriting.
Applicable Laws All or any of the terms contained in this Electronic mode Contract shall be subject to Indian Laws, Indian Information Technology Act 2000, and _ Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
Entire Terms. These Terms constitute the entire agreement between TRIM HR and you regarding the use of the Site. TRIM HR’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to TRIM HR is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TRIM HR’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. TRIM HR may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are TRIM HR‘s property or the property of other third-parties. You are not permitted to use these Marks without TRIM-HR’S prior written consent or the consent of such third party which may own the Marks.