PLEASE READ THIS DOCUMENT CAREFULLY

    This document sets out the terms for use of the Enablerz platform. It governs both our Coaches or SMEs and Corporates or Individuals or Coachee are collectively called “Subscribers” . When we refer to “You”, we mean both our Coaches or SMEs and Corporates or Individuals or Coachee (don’t worry, we’ll make it clear whom we’re talking to, but when in doubt, we’re talking to you). Enablerz is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with you about your use of our platform, please take the time to read this document.

    Our Terms of Use (“Terms” or “Agreement”) also include our Privacy policy, Cookies Policy and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Enablerz platform, whether you are a visitor, guest, subscriber, coach, etc.

    Enablerz Platform can be found at https://enablerz.co and also includes all of the subdomains, mobile applications, and any other media, location, application, etc. owned, managed, operated, etc. by Enablerz. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.

    I. Introduction

    Enablerz provides an online coaching platform designed to allow experienced professional Coaches to connect with Corporates or individuals looking for Personalized Coaching or Group Coaching to meet their organizational or personal needs. Enablerz offers this platform along with a number of additional services and tools (e.g. Coacing tools, payment gateways, marketing tools, and affiliate pay-outs), and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “Enablerz Services”.

    By using our Platform in any manner, you are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access Enablerz Platform in any manner.

    Enablerz is neither a corporate coaching governing body or an educational institution. Subscribers are not employees of Enablerz. Enablerz is not responsible for interactions between different Subscribers, with the exception of providing the technological means through which Subscribers may broadcast and otherwise make their services available and, at each Subscriber election, for processing payments through Enablerz’s payment gateway(s) if any. Enablerz is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Subscriber relationship, including but not limited to, any Subscriber’s reliance upon any information provided by other Subscriber or information provided by a Subscriber at any time.

    As stated in our Privacy Policy, Enablerz provides Subscribers with information about other subscribers enrolled for their offerings, including name, email address, IP address, and the Services in which the Subscriber has enrolled. This information is only available to the Subscriber upon the purchase of a service. Enablerz does not provide, sell, rent, release, disclose, etc. any subscriber data to anyone for monetary or other valuable consideration.

    Subscriber assumes full responsibility for the disclosure and use of any other personal information the Subscriber chooses to disclose to any subscriber on the Platform.

    II. Eligibility to Use the Platform

    You must be at least 18 years old to use the Platform, or, if you are below the age of 18, you must have your parent or guardian’s permission to use the Platform. By using our Platform, you are telling us by your actions that you have obtained that permission (you are ‘representing’ and ‘warranting’ that you have obtained the appropriate permissions to use our Platform).

    III. License to Subscribers

    Enablerz grants You a limited, non-exclusive license to access and use Enablerz’s Platform for your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without Enablerz’s express written consent. Except as expressly permitted by Enablerz in writing, you will not try to reproduce Enablerz’s Platform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license, You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Enablerz are reserved.

    IV. Code of Conduct

    1. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from any countries)
    2. Do not use the Enablerz Platform to transmit, distribute, or send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner
    3. You may not use the Enablerz Platform to engage in any activities that will result in sending spam to anyone on the Platform, including enablerz (and its employees), Subscribers
    4. We’re an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the Platform we are going to be civil and respectful at all times. In case anyone is found posting or sending unsuitable or disrespectful messages, Enablerz has the right to delete such messages and delete, block or deactivate such Subscribers.
    5. You will not use the Enablerz Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Services.
    6. You may not use any data mining, robots, or similar data gathering or extraction methods; and
    7. You may not use the Platform or any content contained on the Platform for any purposes other than intended.

    If You are found in violation of this Code of Conduct we reserve the right to remove You and any of Your Content from the Enablerz Platform. Whether conduct violates our Code of Conduct will be determined in Enablerz’s sole discretion.

    V. Services Offered through the Platform

    Enablerz reserves the right to remove You and Your Content (here content refers to any and all services offered by you on Enablerz platform) should Your Content contain material (determined, in our sole discretion) that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement.

    VI. Intellectual Property and Data Processing

    1. Enablerz Content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Enablerz Content", and is and remains the sole property of Enablerz. Enablerz Content, including our trademarks, may not be modified by You in any way.
    2. Your Profile: Information about you that You share on the Platform is and remains Your information. Enablerz does not claim any intellectual property rights over the materials You upload to the Enablerz Platform by virtue of Your use of our services. By uploading your content to the Enablerz Platform, You agree that:
      1. Enablerz may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Enablerz has no obligation to review anything that You upload
      2. You are uploading Your content to the Enablerz Platform at Your direction and Enablerz does not in any way certify or provide approval or permission prior to You putting Your content
      3. Enablerz may display Your content to other users (e.g. Subscribers who are Coachee or Corporate) via the Enablerz Platform
      4. You agree that by putting Your details on Our Platform, You are allowing Us to store Your details
      5. You agree to provide Enablerz with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) Your details in furtherance of the Enablerz Services (In other words, because You own Your details, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers)
      6. You are responsible for and own, or have the rights to use, all of Your details
      7. You agree that Your details provided using Enablerz Platform do not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
      8. Subscribers are responsible for protecting all personal information they provide to, or receive from, Enablerz in connection with the use of Enablerz Services.

    VII. Enablerz’s General Rights in Operating Its Platform

    Enablerz reserves the following rights over the entire Enablerz Platform:

    1. Enablerz may modify, terminate, or refuse to provide Enablerz Services at any time for any reason, without notice.
    2. Enablerz may remove anyone from the Enablerz Platform at any time for any reason, solely in Enablerz’s discretion. This right is not modified by any other section of this Agreement.
    3. Enablerz may, but has no obligation to, monitor any content that appears on the Enablerz Platform or review any conduct occurring through the Platform, including any interactions between Subscribers and Enablerz employees.
    4. Enablerz reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
    5. If You close Your account, Enablerz may keep a copy of Your account after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
    6. Enablerz reserves the right to remove You and Your Account without warning if You violate any of the provisions of this Agreement.
    7. Enablerz has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.
    8. If Enablerz has a good faith belief that any content appearing on its Platform violates any copyrights or has been illegally copyrighted, Enablerz reserves the right to remove, block, or otherwise ‘take down’ the content. Enablerz also reserves the right to remove from the Platform any Subscribers, or other parties, who are repeat offenders of this policy.

    VIII. Copyright Infringement Process

    1. If you believe that content appearing on the Enablerz Platform violates your intellectual property, you should send a notice to Enablerz (either physical mail or email is ok) at the following address:
      1. Enablerz
      2. B2-205, Shree Pancham
      3. Beverly Park, Kanakia Road,
      4. Mira Road, East, Mumbai-401107
      5. Maharashtra, India;
      6. Email:[email protected]
    2. Contents of Notice
      If you send Enablerz a notice regarding any claimed infringements, your notice must contain the following information:
      1. A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed
      2. Identification of the copyrighted work claimed to have been infringed
      3. Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow Enablerz to find and review this material on the Enablerz Platform
      4. Your contact information, including your address, telephone number, and email address, so that we may be able to contact you
      5. A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the copyright owner, its agent, or the law
      6. A statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner
    3. Counter Notification
      If any content is removed due to the receipt of a copyright infringement notice, you may send Enablerz what is known as a Counter-Notice if you believe that your content was wrongly removed.
      Your Counter-Notice must contain:
      1. A physical or electronic signature
      2. Identification of what was removed and the location where the material appeared before it was removed
      3. A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
      4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the courts of Mumbai and that you will accept service of process from the person who provided notification.
    4. Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing

    IX. Trademarks

    You may not use any of the Trademarks, or any variations thereof, without the owner's prior written consent. You may not use any of the Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.

    All Trademarks not owned by Enablerz or the Subscribers that avail the Enablerz Platform or on or through the services made available on or through the Platform, if any, are the property of their respective owners.

    Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without the written permission of the owner of the applicable Trademark.

    X. Third-Party Communications

    By using Enablerz’s Platform, you may receive communications from third parties (from subscribers, and other service providers such as marketing tools, Conferencing tools, payment gateway, etc.). Enablerz is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Enablerz assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

    XI. Third-Party Services; Links to Other Websites.

    The Enablerz Platform and its tools may be integrated with third-party services or include hyperlinks to websites maintained or controlled by third parties. You will have the ability to access content, links to websites, and services provided by Subscribers, and other third parties. Enablerz is not responsible for and does not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered by such third parties. Enablerz does not have any control over and makes no claim or representation regarding Third Party Services and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, Third Party Services. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party. If you decide to access any third-party services or linked third-party websites, you do so at your own risk.

    XII. Pricing & Payments

    1. Payments are automatically charged at the beginning of each service or periodically based on the type of service. Unless You submit a cancellation request to us in writing via email [email protected] or directly through Your account before the start of the billing period, your services will be charged periodically based on the type of service. You agree that Enablerz may charge any recurring service to the credit card debit card or account details that you provide. You agree to pay all fees that are made to Your account and that You are solely responsible for the payment of these fees.
    2. Should You not authorize payment or are otherwise not current on Your payments for Enablerz Services, Enablerz may restrict Your tools access or other services until paid. This may also lead to loss of all data and content already uploaded on the platform and the subscriber may have to re-register and create a new account on the platform. Enablerz is not responsible for the loss of such content upon non-payment.
    3. Enablerz reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Enablerz and/or retaining collection agencies or legal counsel.
    4. Enablerz reserves the right to offer custom plans and pricing in addition to what is offered. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.
    5. The subscription charges associated with availing the services offered by Enablerz are subject to change including the offerings under the Subscription charges, and is Enablerz’s sole discretion. By subscribing to the Enablerz Platform, you agree to the subscription charges set by Enablerz.
    6. Based on the location or country, all payments will have all applicable taxes as per the government regulation of that country and services

    XIII. Refund Policy

    Refunds will be credited to the payment account used for the purchase and may take up to three billing cycles to process.

    XIV. Cancellation and Deletion

    If you no longer desire to subscribe or use the Enablerz Platform, you may cancel your Subscription or Delete your Account at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Platform, but the other provisions of the Agreements will survive any such termination.

    1. Cancellation
      1. If you cancel a service, the cancellation will become effective at the end of the then-current billing cycle.
    2. Deletion
      1. You may delete Your account at any time
      2. Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete your account.
      3. If Your account is deleted (regardless of the reason), Your Content may no longer be available. Enablerz is not responsible for the loss of such content upon deletion.
      4. Upon deletion of Your account (regardless of the reason and status of your subscription), all licenses granted by Enablerz will terminate
    3. Effect of Cancelation/Deletion
      1. Should a Subscriber account be canceled or deleted, the Subscriber may no longer have access to Enablerz Services. Enablerz shall not be liable to any party in any way for the inability to access the account arising from any cancellation or deletion, including any claims of interference with business or contractual relations.

    XV. Account Ownership Disputes

    1. In the unlikely event that there is a dispute over the ownership of an account, Enablerz has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:
      1. A copy of Your photo ID;
      2. Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity;
      3. Your billing information and details;
      4. Certified copies of your tax forms; and
      5. Other documentation as we deem necessary to settle the dispute
    2. Should a dispute arise, Enablerz reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.

    Errors and Corrections

    Enablerz Platform and any information, content, or services made available on or through the Platform are provided "as is" and "as available" without warranty of any kind (express, implied, or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except insofar as any such implied warranties may not be disclaimed under applicable law.

    Enablerz does not warrant that the Platform will operate in an uninterrupted or error-free manner, that the Platform is free of viruses or other harmful components, or that the services provided will meet your needs or expectations. Enablerz also makes no warranty about the accuracy, completeness, timeliness, or quality of the Platform or any courses, content, or services, or that any particular courses or content will continue to be made available.

    Use of the Enablerz Platform, and the content and services obtained from or through the Platform, is at your own risk. Your access to or download of information, materials, or data through the Platform or any reference sites is at your discretion and risk, and you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data, unless otherwise expressly provided for in the privacy policy.

    XVI. Limitations of Liability

    In running the Platform, we require that You understand and agree that Enablerz is not liable for several things, including your breach of this Agreement and losses that may result from your use of the Platform. We also require that you understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Enablerz doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Enablerz will be limited to a portion of the fees you have paid us.

    1. Our limitations of liability are as follows:
      1. You agree that Enablerz, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Enablerz Platform.
      2. You agree that Enablerz shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third-party content, downloads, or communications.
      3. Enablerz is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, or any other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable, or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to, or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
      4. Enablerz does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
      5. The Enablerz Platform is provided to You on an “As Is, As Available” basis. As such, you agree to have an external method of recovering any lost data that may be uploaded to the Enablerz Platform.
      6. Enablerz disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
      7. Enablerz shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
      8. You agree that Enablerz shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Enablerz, its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Enablerz policies, and copyright and other intellectual property law)
      9. You are solely responsible for ensuring that your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits, or grievances filed against You, including, but not limited to, all damages related to your use of the Platform.
      10. You may not assign your rights under this Agreement without Enablerz's prior written consent.
      11. Should Enablerz’s limitation of liability not be applicable, Enablerz’s sole obligation to you, or any third party, for damages shall not exceed the amounts paid by you to Enablerz over the prior three (3) months directly preceding your claim, unless otherwise required by law.
      12. You agree that Enablerz shall not be liable for any content that appears on the Platform.
      13. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
      14. You agree that any cause of action or claim that You may have against Enablerz must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this period, it shall be barred.
    2. Should a dispute arise, Enablerz reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.

    XVII. Remedies for Violations

    Enablerz reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing subscribers from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.

    XVIII. Communications

    1. Enablerz may notify you of relevant information regarding the Platform and Services in any of the following ways:
      1. by emailing you at the contact information you provide in your account registration,
      2. by posting a notice in the Account section of the Platform, and
      3. by posting the notice elsewhere on the Platform in an area suitable to the notice. It is your responsibility to periodically review the Platform for such notices.
    2. Subject to the Privacy Policy, if you send to Enablerz or post on the Platform in any public area any testimonials, techniques, suggestions, workflows, or know-how ("User Submissions"), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, you acknowledge that Enablerz can use such User Submissions without acknowledgment or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Platform or send them to us.

    XIX. Entire Agreement; Severability of Provisions; No Waiver

    1. These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement concerning access to and use of anything offered by Enablerz, including the Platform, Services, and any Content.
    2. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
    3. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

    XX. Choice of Law/Forum Selection.

    You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the Platform will be governed by the laws of Mumbai, India, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the courts of Mumbai. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

    XXI. Changes to the Terms of Use

    Enablerz may review and update this Agreement at any time in our sole discretion and it is your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to be bound by the changes. Please check this webpage periodically for updates.

    XXII. Titles/Headings

    The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Enablerz shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

    XXIII. Gender/Plural

    Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

    XXIV. Contact Us

    1. If you have questions or concerns regarding these Terms of Use, the Platform, or Services, you may contact us via physical or electronic mail at the address below. Note: the Enablerz office is not open to the public:
      1. Enablerz
      2. B2-205, Shree Pancham
      3. Beverly Park, Kanakia Road,
      4. Mira Road, East, Mumbai-401107
      5. Maharashtra, India;
      6. Email:[email protected]