Terms of Use
- Introduction
- Della Leaders Club LLP (“DLC”, “us”, “we” or “our”) provides an in-depth, incisive, and actionable expertise through a group of distinguished men and women from across the globe, to add value to your business (more particularly set out in Clause 2.1 (Use of Website) (“Content”). DLC’s Global Leadership Committee strives to get the latest and most filtered leadership knowledge from the world with a single objective to keep you ahead of the curve. By accessing the website at [www.dellaleaders.com] (“Website”) or by otherwise accessing any content found on the Website, you (“you” or “your” or “user”) are entering into an agreement with DLC and agree to the terms that follow (the “Terms of Use”), whether or not you have registered with the Website. The Website is owned and operated by [DLC].
- Please read these Terms of Use before accessing or using the Website or Content or downloading any content from the Website, as they contain important information regarding your legal rights, remedies and obligations.
- [A verifiable parental consent is required for you to create a membership account, if you are under the age of [•], or from the European Union.]
- We may revise these Terms of Use from time to time, so please check this web page each time you visit the Website. If you continue to use the Website after we post the revised Terms of Use, it shall mean you have agreed to the new terms.
- Please review our [Privacy Policy] to learn more about how we use any information provided by you.
- If you do not agree to these Terms of Use, please do not complete the registration process and/or use the Website.
- Use of Website
- The Website can be used to facilitate entrepreneurs, professionals and young leaders to subscribe for the following Content:
- DLC Top 10: It serves as an industry benchmark enabling users make more informed and confident decisions for their personal and professional growth. This listing of the top 10 most globally recognized and respected leaders/brands/experts are voted on real-time by our Committee Members who bring in unparalleled thought leadership and expertise to DLC.
Brand Collaborations/Partners: It enables users to access some of the exclusive services provided by the leading consultants, coaches and speakers. We at DLC have created world’s first business platform where our collaboration with top global brands across 26 business &
- lifestyle committees will be generating an appetite of consumption for our users by offering bespoke experiences and credible knowledge, which are not accessible to others
- Forum: Forum acts as your personal board of directors. It is a group of 6-10 members that push each other to excel through peer-to-peer shared learning. Each group is chaired by a member moderator and meets monthly, in a trustworthy, non-judgmental and confidential environment. Forum enables you to share your deep-rooted inhibitions, be it personal, professional or family life.
- Events: DLC shall recommend certain events that could be attended by you. DLC shall also try and cover to give the users a synopsis view of the things covered in an event in relation to trends, business, lifestyle etc.
- YouTurn: YouTurn Events are world-class, theme-based events that DLC hosts three times each year. A YouTurn event comprises a carefully curated ensemble of learning, recreation, entertainment and mini-exhibitions at exquisite venues. YouTurn brings together business and lifestyle domain leaders from across the world to share their professional knowledge, personal journeys, exclusive insights and much more. It is designed for entrepreneurs, professionals and young leaders, in order to enable each entrepreneur, professional and young leader to learn something new to fuel business growth.
- Business Date: It is a unique offering from DLC which lets users, with mutual business relevance to one another, connect through a one on one video call and address a defined topic at a defined time of convenience, with the aim of arriving at plausible business solutions and building professional local and global relationships within the global community.
- You may view the upcoming Content as an unregistered visitor to the Website; however, if you wish to access the Content, you must first create a membership account.
- DLC makes available an online platform which provides Content for entrepreneurs, professionals and young leaders. DLC's responsibilities are limited to providing the Content through the Website, unless expressly specified otherwise on the Website.
- Membership Account
- In order to access the Content displayed on the Website, you will have to create a membership account with DLC. DLC does not provide any Content directly, it only acts as a platform through which the Content is displayed, [and the transaction for each account will take place through the respective brand site]. You represent, warrant and covenant that, information and content provided by you, including, but not limited to, information during creating a membership account on the Website:
- is owned by you, and that you otherwise have all necessary rights to such content and the rights to use it, and for its use as per these Terms of Use;
- is true, accurate, current and complete, and not misleading, and does not violate these Terms of Use; and
- shall not cause injury to any other person.
- You agree not to use another user’s membership account nor provide access to your membership account to any third party. Further, you agree to keep your account password secure and that you shall be responsible for any activity that may occur on your membership account.
- You shall not disclose and shall maintain in strict confidence of your Website login id and credentials. If you know or suspect that someone else knows your Website login id, you should notify us by contacting [insert email address here] immediately, failing which DLC may temporarily suspend your membership account. DLC shall not be held liable for any loss that may occur due to the unauthorised access by any person with your Website login id.
- DLC takes no responsibility for any Content or third party services that are displayed on the Website, and further, you shall be solely responsible for such actions by making use of such Content.
- Restrictions on use of Website
You are granted permission to access and use the Website and Content displayed on the Website as set out in these Terms of Use, provided that:
- You agree not to distribute any part or Content of the Website without DLC’s prior written consent.
- You agree not to use the Content displayed on the Website for any commercial purposes unless you obtain DLC’s prior written approval. Further, the Committee Members shall not use the content, for any reason whatsoever, created with DLC without DLC’s prior written consent.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to DLC’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- In your use of the Website, you will at all times comply with all applicable laws and regulations.
- DLC, at its sole discretion, may discontinue any aspect of the Website at any time with or without notice.
- Payment Terms
- You agree to use valid payment method while making a payment. [insert payment terms].
- Cancellations
- If, as a member, you wish to cancel your membership, then you may do so within [time period].
- Termination of Membership Account
- DLC will terminate your membership account, in the following circumstances:
- On occurrence of any event under Clause 9.1;
- If you breach the Terms of Use;
- If you infringe any copyright;
- If you violate any applicable law;
- If your use of the Website disrupts the operations of our business or affects any other user; or
- If your behaviour is regarded as inappropriate or unlawful or illegal or which would bring any claims against DLC.
- If we have reasons to believe that the Website has been or may be misused, then we reserve the right to suspend your membership account or require you to change your password and the same will be notified to you.
- Any termination of your membership account shall not affect any liability previously incurred by you.
- Intellectual Property
- You agree and acknowledge that all information and Content displayed on, transmitted through, or used in connection with the Website, including for example reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html source and object code, trademarks, logos, and the like (hereinafter, collectively referred to as “IP Content”), as well as its selection and arrangement, shall always belong and remain the property of DLC. You shall protect the DLC’s contractual, statutory and rights under applicable law on the Website with the same degree of care used to protect your own proprietary rights. You agree to notify the DLC by sending an email to [insert email address here] promptly upon becoming aware of any unauthorized access or use by any person or of any claim that the Website infringes upon any copyright, trademark, or other contractual, statutory or rights under any applicable law.
- The IP Content on the Website is protected by trademark, copyright and other laws in India as well as globally.
- All the Contents on the Website including but not limited to copyright, patents, trademarks, design rights and other intellectual property rights whether registered or unregistered, are exclusive property of DLC. You must at all times abide by all copyright notices and restrictions contained on the Website.
- You may not, republish any portion of the IP Content on any internet, intranet or extranet site or incorporate the IP Content in any database, compilation, archive or cache. You may not distribute any IP Content to others, whether or not for payment or other consideration, and you may not scrape, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the IP Content. You agree not to decompile, reverse engineer or disassemble any Content accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects any user's experience, and not to use any data mining, data gathering or extraction method.
- Indemnity
- You/user (“Indemnifying Party”) hereby agrees to indemnify and hold harmless the DLC, its affiliates, and their respective officers, partners, employees, directors, agents, advisors and Content provider, (each individually, an “Indemnified Party” and, collectively, the “Indemnified Parties”) at any time and from time to time, from and against any and all claims, losses, damages, liabilities, fines, penalties, costs, fees and expenses (including, without limitation, any amounts paid in settlement, interest, court costs, out of pocket fees and other expenses of investigations, attorneys, consultants, financial advisors and other experts), suffered or incurred, whether or not arising out of any third-party claim (collectively, “Losses”), to which any Indemnified Party may become subject, insofar as such Losses arise directly or indirectly out of the following:
- any inaccuracy in or any misrepresentation or breach of any of the representations and warranties by you under these Terms of Use;
- any breach or failure by you to perform any covenant, undertaking or obligation under these Terms of Use;
- any fraud, misconduct and/ or negligence on your part; and/or
- the use of the membership login provided to you, or your use of the Website.
- The indemnification rights of the Indemnified Parties under these Terms of Use are independent of, and in addition to, such other rights and remedies they may have at applicable law or in equity or otherwise, including the right to seek specific performance, recession, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished by the other. Further, you acknowledge that the Indemnified Parties, other than DLC, are intended third party beneficiaries of
- this Clause, and notwithstanding anything to the contrary in these terms of use, the Indemnified Parties shall be entitled to enforce their indemnity right hereunder.
- Indemnification Procedure:
- An Indemnified Party may make an indemnity claim by giving notice to the Indemnifying Party of the Losses or of the commencement of any proceeding against DLC and/or any Indemnified Party with respect to which such Indemnified Party seeks indemnification. Such notice (“Claim Notice”) shall be in writing and shall specify the matter which gives rise to the claim and the amount of Loss in respect of such claim.
- The Indemnifying Parties shall, within 5 (five) days of receipt of the Claim Notice: (i) pay to the Indemnified Party(ies) the amounts set out in the Claim Notice; and (ii) provide written notice to the Indemnified Party that the Indemnifying Party disputes such Claim Notice specifying in reasonable detail the reason(s) for such dispute, pursuant to which the Indemnified Party(ies) may opt to resolve the dispute regarding such claim in accordance with Clause 14 (Governing Law and Jurisdiction).
- Disclaimer of Liability
- DLC shall not be responsible for any damage suffered by you from use of the Website. This includes loss of revenue/data resulting from delays, pricing issues or interruptions while using the Content as may occur because of any act/ omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
- In no event will DLC, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Content, even if DLC has been advised of the possibility that such damages may arise. DLC does not guarantee the accuracy, content, or timeliness of the Content displayed on the Website or that they are free from viruses or other contaminating or destructive properties.
All material on the Website is the copyrighted and the intellectual property of DLC (“DLC IP Assets”). All of the DLC IP Assets are protected under the applicable intellectual property laws of the jurisdiction of each user and there are no implied waivers from DLC. The information, text, graphics, images, photographs, videos, sounds, links and all other information published or otherwise contained on the Website are either owned exclusively by DLC or licensed by DLC. Unless specifically provided, the DLC IP Assets shall not be copied, distributed, displayed, reproduced or transmitted, reversed engineered, modified in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written express approval of
- DLC (which shall be at the discretion of DLC). All rights are reserved by DLC. Without limitation you may not, without such approval from DLC, create derivative works from any part of the Website or commercialise any information, products or services obtained from any part of the Website. [Information procured from a third party may be the subject of copyright owned by that third party.] Unauthorized use of the Website and/or the materials contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.
- DLC, its affiliates, subsidiaries, their respective directors, officers, employees (“DLC Group”) do not make any representations and warranties about the completeness, reliability and accuracy of this information. DLC GROUP EXPRESSLY DISCLAIMS ALL AND ANY IMPLIED OR EXPRESS WARRANTIES. DLC GROUP ASSUMES NO RESPONSIBILITY WHATSOEVER IN RESPECT OF, OR ARISING OUT OF, OR IN CONNECTION WITH THE CONTENTS AND INFORMATION ON THIS WEBSITE. BY ACCESSING THIS WEBSITE, YOU EXPRESSLY WAIVE ALL AND ANY LIABILITY OF DLC GROUP, IF ANY AND ANY ACTION YOU TAKE UPON THE INFORMATION YOU FIND ON THIS WEBSITE, IS STRICTLY AT YOUR OWN RISK.
- From our Website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control or access over the content and nature of these sites or any payment links and whether such payment links are genuine or otherwise. These links to other websites do not imply or deemed to imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad'.
- We do not claim ownership of any third party trademarks, service marks, logos or any other intellectual property rights and such rights belong to the respective owners. DLC and its affiliates are not responsible for and expressly disclaim all warranties of any kind with respect to third party content, products and services.
- You acknowledge that the disclaimers of liability set forth in these Terms of Use are an integrant to DLC's ability to make the Content available to you on an economically feasible basis.
- Waiver
- No failure or delay by DLC in exercising any right, power or remedy under these Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof, or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by DLC of any breach of any provision of these Terms of Use shall be deemed to be a waiver of any subsequent breach of that or any other provision of these Terms of Use.
- Force Majeure
- Notwithstanding anything to the contrary contained in these Terms of Use, any delay or failure in performance or interruption of the delivery of the Content displayed on the Website, by DLC and its affiliates, that may result directly or indirectly from any cause or circumstance beyond our reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions, shall not be deemed to be breach of these Terms of Use, and DLC and its affiliates’ obligations under these Terms of Use shall remain suspended for the duration of the aforementioned events.
- Entire Agreement
- These Terms of Use constitutes the entire agreement between you and DLC with respect to the subject matter hereof and supersedes all other oral or written representations, understandings or agreements relating to the subject matter hereof.
- Governing Law and Jurisdiction
- These Terms of Use shall be governed by and construed in accordance with the laws of India.
- All disputes arising out of these Terms of Use shall be subject to the exclusive jurisdiction of the courts in [Mumbai].
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE