Refund Policy
We want you to feel comfortable transacting business with Creators Legacy. Due to the nature of the Creators Legacy training program and the accessibility of our products immediately upon purchase. However, you can cancel these subscriptions at any time by contacting Customer Support via email at connect@digitaldhairya.com.
Creators Revolution & Mastermind: Subscription-based products such as the Creators Revolution & Consulting Mastermind Membership, Summit, and/or event tickets are non-refundable without any conditions. We have clearly stated our refund policy on our website.
REVOLUTION 2.0 CONSULTING SERVICE AGREEMENT
A welcome to DIGITAL DHAIRYA, the website/ Site (hereafter “DIGITAL DHAIRYA”, “we”, “us”) owned and managed by DIGITAL DHAIRYA. Unless specifically and separately agreed in the present agreement or any other similar agreement, this Agreement serves the Client’s (hereafter “you”) and DIGITALDHAIRYA’s relation and further governs the usage of the DIGITALDHAIRYA’s services by you. The present agreement also administers the practice of digitaldhairya.com (hereafter “the website”) and other affiliated services by you. We advise and urge earnestly that you please carefully go through the terms of the present agreement. Your express move of subscribing constitutes an acknowledgment that you have read and completely understood thefacets, aspects, implications, and effects of the present agreement, and you expressly consent to be obliged by the terms of the present agreement without any restrictions and qualifications.
1. Platform and Services: Introduction
Digital Dhairya is an exhaustive platform for passionate individuals and expansive entities to gain the most viable and apposite bundle of extensive knowledge to further enhance their respective businesses. Digital Dhairya envisages stocking individuals and companies with workable solutions and radical ways to strengthen their existing business or establish and manifest an idea of business into reality through the emphatic assistance of our E-Learning sessions and recordings, or live lectures of mentors that we leave at the disposal of our clients for accruing maximum benefits for themselves and their respective vocations. The CONSULTANT shall utilize its best efforts to provide for CLIENT a professional practice management analysis and evaluation with recommendations for the improvement of CLIENT’S practice based on CONSULTANT’S tried and proven management consulting techniques. The CLIENT understands that recommendations made by the CONSULTANT are purely advisory and that the CLIENT must exercise CLIENTS’ independent judgment about the application of those recommendations.
2. Deliverables: As a part of the Agreement, the Client will have plenary access to the following:
2.1. Coaching and consulting around building business systems, business training, team building, messaging, unique methodology, email marketing sequence, funnel, leads, ads, sales, conversion, and client retention during the duration of the present agreement, as deemed necessary by CONSULTANT.
2.2. Once your batch begins, you’ll receive weekly recordings to assist you in implementing specific tasks throughout the week. These recordings will serve as a guide for your learning process.
Week 1: Legacy Flywheel Matrix Strategy implementation to make Grand Slam Offer.
Week 2: Building your Funnel: Inline for leads, outline for sales; clients for life.
Week 3: How to create and run Profitable Meta Ads.
Week 4: Email Marketing Automation and Advance strategy to scale.
*Note: Rest 5 months, complete scaling & how to deal with saturation.
2.3. CLIENT understands and agrees that should the CONSULTANT be unable to provide the service at the scheduled date, day, and time specified in clauses 2.1 and 2.2 of this agreement due to circumstances out of the control of CONSULTANT, the CONSULTANT will reschedule this service for CLIENT at the earliest possible time agreed to by both CLIENT and CONSULTANT.
2.4. We reserve the right to modify the course and consulting material, content, schedule, duration, or any other aspect at any time without prior notice. CLIENT understands and agrees that any changes in the course and consulting CONSULTANT’S service as specified in clauses 2.1 and 2.2 of this agreement.
2.5. After completing the tasks outlined in the recordings, you’ll be required to email your implementation work to us
at connect@digitaldhairya.com regularly.
2.6. Additionally, we’ll host group calls led by a success coach or a representative from Digital Dhairya. During these calls, you’ll have the opportunity to discuss any queries or issues you may encounter. These group calls are designed to provide additional support and guidance as you progress through the program.
2.7. Support via community, mail with a success coach excluding weekdays;
2.8. Duration of sessions/ consulting and community, content, and recording access to service via LMS is 6 months.
3. Exchange or Payment, Charges
3.1. Every client who subscribes to the courses, and consulting available on the website has to prepay the amount highlighted from the Digital Dhairya’s server, and on successfully making the payment, the client will be intimated of the successful payment, resulting in complete access to the services of Digital Dhairya to the client.
3.2. The complete course will become accessible upon making the payment of the remainder amount by the prescribed date. In case the remainder is not paid by the date prescribed, the access to the Service Product will be rescinded, and the present agreement will be terminated forthwith under Clause 8 of the present contract.
3.3 The customer has the right to make changes to personal data at any time by sending a corresponding request to the company email connect@digitaldhairya.com, andthe company has the right at any time to edit or delete inaccurate and/or irrelevant as well as incomplete information provided by the client.
3.4. Digital Dhairya reserves the sole discretion to sanction any refund to the Client, depending on the conduct of the Client and the circumstances that have led to the termination of the present agreement.
3.5. In exchange for the service specified in clause 2 above, the CLIENT agrees to pay the CONSULTANT the following: a total fee of including GST 1,47,000/- INR for 1 Month of consulting, (consulting fees ₹124,576/- and 18% GST ₹22,424/-) after receipt of the full payment you will have access to the classes, community, and portal duration of the course and consulting.
3.6. Making the requisite payment online via a Secured Network like Razorpay: When you select a payment method that involves payment gateway charges, you acknowledge that these charges will apply to your transaction. You are responsible for bearing these charges in addition to the actual payment amount. Payment must be made using a valid card, bank account, UPI, or any other acceptable method.
4. Registration Procedures, Processes, Usage, and Functioning of the Site/Website
Digital Dhairya provides an intuitive setup for the Client to apply for various courses available on the website. The Procedure involves the client:
4.1. Visiting the Website or enquiring on online platforms, going through the preview to get a better idea of the services offered, and if interested, paying and booking a call, is offered for providing important details of the Client.
4.2. The client receives a consultation call from Digital Dhairya or Team at his/her desired time and the availability of our team.
4.3. To enroll in the revolution program and secure your slot, you are required to pay a registration fee of 40,000/- INR. The remaining payment needs to be completed within the next 7 days to confirm your enrollment in the batch. Alternatively, ensure that your payment is completed before the batch commences. Whichever condition applies, you need to make the payment accordingly.
4.4. If the payment will not be completed specified in clauses 3.5 above and 4.3 above of this policy, we reserve the right to terminate your registration/enrollment without any notice or refund of any amount. By registering, the Client fully accepts the terms and conditions and their annexes.
4.5. The client provides the required documentation and details within 3 (Three) days from the date of the relevant request from the company, in the manner agreed with the representatives of the company.
4.6. The customer has the right to make changes to their personal data at any time by sending a corresponding request to the Company’s email: connect@digitaldhairya.com, and the company has the right at any time to edit or delete inaccurate and/or irrelevant data provided by the client.
4.7. If interested, the client is asked to pay the fee for the course, and if the funds are not readily available, then depositing a part of the payment that is agreed upon in clauses 3.5 above and 4.3 of the contract.
4.8. You can have only one team member attend the class with you. The details of the team member who will be joining you must be shared with us in advance, and your team member must also agree to our terms and conditions. Team members have permission only to access classes. Community and Portal access will not be given to team members. The meeting link will be shared with you, and you can then share it with your team.
4.9. Once your batch starts and you receive LMS access, you will be given weekly assignments that must be completed and submitted on time. Our team will review your weekly assignment and system or processes. If you have been assigned any work to implement, you must complete it and send us an email at connect@digitaldhairya.com within a specific time frame. An application sent in any other way or to another email address is not accepted for consideration by the Company.
4.10. Digital Dhairya community is a group exclusive to the subscribers of Digital Dhairya consulting. After making the complete payment, the client will be added to this private group.
4.11. All communications through email: connect@digitaldhairya.com. If you require leave during class, “connect@digitaldhairya.com” informs us in advance.
Note: The Procedure mentioned above may differ depending on the convenience of Digital Dhairya or other factors like changes in the framework of the website, a non-functioning database server, or unavailability of Digital Dhairya’s personnel.
It is also made clear that clients will not be given any liberty to contact Digital Dhairya via personal message, phone call, or any other mode of direct communication without prior appointment or notice for seeking support. The Protocol for seeking support will be given and explained before joining the program through a consultation call. Therefore, any support outside the rigid protocol and the given platforms would not be entertained. Also, no request for physical confrontation or meeting with any Digital Dhairya employee will be acknowledged or allowed.
5. Interactive Features of the Website
5.1. Restrict or inhibit any other user from using and enjoying the Site.
5.2. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
5.3. Interfere with or disrupt any servers or networks used to provide the site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
5.4. Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
5.5. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
5.6. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
5.7. Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
5.8. Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
5.9. Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
5.10. Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes or that contains advertising.
5.11. Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
5.12. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Digital Dhairya may host message boards, chats, and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, chats, or other public forums in the future. Digital Dhairya or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Digital Dhairya staff, Digital Dhairya’s outside contributors, or by users not connected with Digital Dhairya, some of whom may employ anonymous user names. Digital Dhairya expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings or hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of DIGITAL DHAIRYA or any of its subsidiaries or affiliates.
DIGITAL DHAIRYA has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.
We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make our community the most valuable community that you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.
6. Client Obligations and Other Disclaimers
In executing the aforementioned processes and to meet the objectives of the present agreement, the client undertakes to do the following:
6.1. Client shall pre-pay the charges for the various courses available on the website to receive unrestricted access to the materials curated by Digital Dhairya
6.2. Client shall agree to and comply with the policies of Digital Dhairya.
6.3. Client shall act in good faith and shall not transfer the access conferred to him to any third person for any purpose except warranted by any term of the present contract or with the explicit consent of Digital Dhairya. Client will be solely responsible and liable for any person using their profile to access the material specifically provided to the subscribing client.
6.4. Client shall not in any manner copy, imitate, resemble, or reproduce any material provided by Digital Dhairya to a client in pursuance of the subscription.
6.5. Client shall not preclude Digital Dhairya from displaying their role in the success of the client’s business as a means of publicity.
Disclaimer: Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through such third-party sites. In addition, neither we nor our affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors and not Digital Dhairya. Neither Digital Dhairya nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Digital Dhairya neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Digital Dhairya representative while acting in his/her official capacity.
The information, products, and services offered on or through the site and by Digital Dhairya and any third-party sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards or the servers that make it available, are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Terms: This Agreement:
7.1. This agreement will come into effect the day the client subscribes to the services afforded by Digital Dhairya, and at the same time, the client accedes to the Privacy Policy and Terms of Service of Digital Dhairya.
7.2. The contemporaneous binding of the Policies at the time the present agreement becomes effective is irrevocable and mandatory unless the present agreement is terminated.
Note: It is clarified that the subscription will be finalized, and unrestricted access will be granted upon payment of the course fee.
8. Termination: This Agreement may be terminated at any time as follows:
8.1. Termination for Material Breach: For any material breach or failure of performance by either party, the non-breaching party may (reserving all other remedies and rights under this Agreement and at law and in equity), terminate this agreement in whole or in part, by tendering a notice of termination which needs to be reverted to by the breaching party within a week of receiving the notice to show cause. The said notice should depict the breach caused by the breaching party, and the breaching party should cure such a breach if dissatisfied with the cause shown, or if
such a breach is incapable of being cured, termination shall become effective from the date of receipt of notice of termination. In case of termination due to material breach, no Client’s request for refund will be entertained and thus will be pre-emptively rejected.
8.2. Termination for Convenience: Digital Dhairya may terminate the present agreement in whole or in part at any time upon a week’s prior notice to the client in the event Digital Dhairya determines to terminate the subscription of the client or for any other reason at its sole discretion. Upon termination under the present clause, Digital Dhairya shall be under no obligation to the client, except reimbursement/refund of the subscription amount that was prepaid by the client, given that the client has not unduly or illicitly or in a manner inimical to the terms of the present contract used the materials provided by the Digital Dhairya. If yes, then in that situation, Digital Dhairya reserves the right to forfeit the subscription amount paid by the Client.
8.3. Termination for Unprofessional Conduct: Act professionally at all times during the online course. This includes avoiding material theft, proprietary infringement, profanity, indecorous behavior in live sessions, or any other actions considered unprofessional. If such behavior occurs, the contract may be terminated, and the subscription amount forfeited. Disruptive behavior affecting the course, class, consulting, or community may result in immediate termination of enrollment without warning or refund.
8.4. if you are not cooperating with the process: Company holds all the right that if you are not cooperating and not implementing the process as instructed, not following the necessary system process, the company may pause your sessions and may not allow you to attend it without any further explanation, the company can also terminate your membership due to such noncooperative activities with absolute zero refund/compensation & this case shall be considered null & void in the eyes of the law.
9. Effects of Termination: After receipt of notice of termination and except as otherwise directed by Digital Dhairya:
9.1. All contractual relationships between Digital Dhairya and the client will cease to exist;
9.2. Digital Dhairya will reserve its right to exercise any legal remedy available to it in case of any damage affected due to the client’s action;
9.3. If a part of the contract is terminated, then both the Digital Dhairya and the client will strive to continue complying with the terms of the contract that are not terminated.
9.4. If otherwise provided, Digital Dhairya has all the authority to restrict access to the material offered to the client to any extent in case of termination;
9.5. Upon termination, the undertakes to disclaim all the material offered by Digital Dhairya in their possession and further declare to keep on complying with the terms agreed upon on signing of the present agreement.
Note: On termination of the contracts, all terms and clauses that have been specifically declared to be perpetually surviving will subsist and will bind the parties regardless of the termination of this present agreement.
10. Refund: Digital Dhairya does not warranty or guarantee any specific level of performance or results. Examples of results obtained from other clients of Digital Dhairya may be used as a marketing tool and shown to the Client for demonstrative purposes only and should not be construed by the Client as indicating any promised results or level of results.
10.1. If you quit the batch before the program starts, after registration/ enrolling, there will be no refund.
10.2. If you have registered for a specific batch but are unable to complete the payment in this case, your registration will be terminated, and no refund will be issued.
10.3. If you have registered for a specific batch, you cannot shift or switch to the next batch. Engaging in such actions may result in blacklisting, preventing you from joining any future batches as well. In this case, no refund will be issued for any amount paid and clauses 8 above of the contract.
10.4. If you decide to join a future batch. In such a case, you will need to go through the complete registration process again and make a new payment. Any amount previously paid for the old batch will not be considered for the new one.
10.5. The Company makes this decision in each case individually and at its own discretion. In this case, the Client is obliged to provide all the information based on the payment documents requested by the company.
10.6. The company, due to the nature of services that will be provided by the company, is refundable only when you strictly adhere to the instructions and directions by the Company from time to time and perform all the tasks as and when they are instructed to you within the defined time frame and clauses 4.9 above of the contract.
10.7. If you do not follow the execution instructions as taught by the consultant or coach, delay the execution ending by 30 days from the day of learning it, not completing assignments as required, any change in the process and execution strategies shall be equal to no refund, it shall be considered null & void.
10.8. The company provides refunds only if you strictly follow all instructions, complete tasks within the specified timeframe, and fully implement the system process and after that not get result.
11. Confidential Information
11.1. “Confidential Information” Defined: During the term of this Agreement, Digital Dhairya will be disclosing a well-curated, intensively drawn-up course to the Client comprising valuable, confidential, and proprietary information required for achieving the object of the course applied by the Client. This information will be varying from client to client depending on his/her needs and choice of course. Unless specifically excluded in this Agreement, Digital Dhairya “Confidential Information” shall mean any such information provided to the subscribed individual (client) or to which the subscribed individual has or is given access, in whatever form, verbal, electronic, or video graphic, including, but not limited to, Worksheets, Pinups, Slides, Spreadsheets, Example Sales Calls Recordings, Checklists, Private Video presentation Templates/Scripts, Swipe Files of Digital Dhairya’s ad campaigns, Proposal Templates, other materials on Private Group, Weekly Mentorship Sessions and any email support whether or not identified as Digital Dhairya “Confidential Information”, in whatever media electronic or otherwise and any other material identified in writing as, Digital Dhairya “Confidential Information”, created or published by Digital Dhairya.
11.2. Non-Disclosure: No client will, without prior written consent of Digital Dhairya, remove from Digital Dhairya or Digital Dhairya’s Affiliate’s online premises or disclose Digital Dhairya “Confidential Information” to any third party other than for reference or reviewing purposes or otherwise jeopardize the confidential nature of the Digital Dhairya “Confidential Information” and the Client will not use such Digital Dhairya “Confidential Information” other than for this Agreement. The client agrees that all Digital Dhairya “Confidential Information” will be held in the strictest confidence by the client and that such Digital Dhairya “Confidential Information” will not be copied, reproduced, or altered, either
in whole or in part, by any method whatsoever unless agreed upon in writing by Digital Dhairya. The Client, if is a firm/ company/ partnership or any non-individual entity, shall direct and cause its employees, officers, and directors to whom the Digital Dhairya “Confidential Information” is disclosed to be informed of and agree to be bound by the restrictions upon disclosure and use of Digital Dhairya “Confidential Information” as contained in this Agreement and further expressly acceding to be bound by the substantive Non- Disclosure Policy of Digital Dhairya. Digital Dhairya declares that it will not, during or after the term of this Agreement, permit the duplication or disclosure of any Digital Dhairya “Confidential Information”.
11.3. Exception: The terms of Digital Dhairya “Confidential Information” shall not apply to the information that:
11.3(a). has been legally in the Recipient Party’s possession prior to disclosure by the disclosing party and is not subject to any non-disclosure obligations; It is emphasized that the onus is on the Recipient Party to prove the alleged fact that the Recipient Party was in possession of the “Confidential Information” in question before applying for the course offered by Digital Dhairya and receiving the Digital Dhairya “Confidential Information”;
11.3(b). has become part of the public domain through no fault of the Recipient Party;
11.3(c). has been developed subsequent to, and independent of, disclosure to the recipient Party; or
11.3(d). has been released in writing by the disclosing party so that the recipient party may make public disclosure, or
is otherwise deemed by the disclosing party, in writing, to be no longer confidential.
11.4. Required Disclosure: Notwithstanding anything to the contrary in this section, if the recipient party learns that it is required by any applicable court’s order, law, or regulation to disclose any “Confidential Information”, then the recipient party shall:
11.4(a). as promptly as possible after learning of a possible disclosure requirement, and in any case prior to making disclosure, notify the disclosing party of the disclosure requirement so that the disclosing party or the appropriate party may seek a protective order or other appropriate relief,
11.4(b). provide such cooperation and assistance as the disclosing party may reasonably request in any effort by the disclosing party or appropriate party to obtain such relief, and
11.4(c). take reasonable steps to limit the amount of “Confidential Information” so disclosed and to protect its confidentiality.
11.5. Injunctive Relief: The Client acknowledges that breach of this section or disclosure of other information that, at law or in good conscience or equity, ought to remain confidential will give rise to irreparable injury to Digital Dhairya or the owner of such information and cannot adequately compensate in damages. Accordingly, Digital Dhairya or such other party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. The client acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Digital Dhairya and are reasonable in scope and content.
11.6. No License: Nothing contained in this agreement shall be construed to grant the Client any right or license under any Intellectual Property right of Digital Dhairya “ Intellectual Property Rights” shall mean copyright rights (including without limitation, the exclusive right to use, make recordings of, reproduce, modify, adapt, edit, enhance, maintain, support, market, sell, rent, sublicense, distribute copies of, publicly and privately display and publicly and privately perform, exploit, exhibit, the copyrighted work and to prepare derivative works), copyright registrations, applications, trademark rights ( including without any limitation the trade names, trademark services, service marks, and trade dress) trademark and service mark registrations and applications, trade secrets, moral rights, author’s rights, right of publicity, contracts and licensing rights, rights in goodwill and other Intellectual Property Rights, as may exist now and/or hereafter comes into existence, and all renewals and extensions thereof regardless of whether any of such rights arise under the law of any state, country or jurisdiction.
11.7. Return of “Confidential Information”:
11.7(a). Upon the earlier request of the disclosing party; or
11.7(b). the expiration or termination of this Agreement, the recipient party will return all “Confidential Information”, in whatever form or media, retaining no copies of the same in any form whatsoever, or destroy such “Confidential Information” and certify in writing to the disclosing party such destruction has been effected, Recipient Party’s obligation hereunder regarding “Confidential Information” shall survive the return or destruction of such “Confidential Information” or termination of this Agreement or completion of the services.
Note: The present clause survives the expiration or termination of the present agreement. The client undertakes strict
compliance with the present clause, irrespective of the expiration or termination of the present agreement.
12. Title, Proprietary Rights, Services for Hire: All services performed hereunder, including but not limited to the Worksheets, Pinups, Slides, Spreadsheets, Example Sales Calls Recordings, Checklists, Private Video presentation Templates/Scripts, Swipe Files of Digital Dhairya’s personal ad campaigns, Proposal Templates, other materials on Private Community Group, Sessions and any email support, business methods, programs, ideas, concepts and all other documentation developed for or relating to Digital Dhairya or the course and all documents, data and other
information of any kind including information incorporating, based upon or derived from the foregoing, including reports, self-revision notes prepared by the clients or in case of a non-individual client its employees and agents, and all other material which may not form part of the present agreement but is pivotal for successful completion of course developed or created by Digital Dhairya shall be and shall remain the property of Digital Dhairya and may not be used by the client or its employees for any other purpose except for the benefit of Client. Client shall not sell, transfer, publish, disclose, rent, lease, loan, license, or otherwise make available to others any part of the course material or copies thereof and Client shall treat the same as “Confidential Information”.
All applicable rights to patents, copyrights, trademarks, trade secrets, and all other Intellectual Property Rights in and to the Service Product are, shall vest, and shall remain in Digital Dhairya, and neither any Client nor its employees if a non-individual client shall have any interest in the Service Product.
13. Indemnification
13.1. Losses Defined: For purposes of this agreement, “Losses” means all claims, actions, losses, Liabilities, damages, and Costs (including Taxes) and all related costs and expenses (including reasonable attorney’s fees and disbursements and costs of investigation, litigation, and settlement).
13.2. Indemnification and Defense: Client undertakes to indemnify, defend, and hold Digital Dhairya, Digital Dhairya Affiliates, and its or their respective officers, directors, employees, agents, successors, and assigns (all Digital Dhairya Indemnitee) harmless from and against all Losses arising out of or relating to:
(a). Any act or an attempt to act that constitutes piracy of the material provided by Digital Dhairya, which is covered under the Digital Dhairya “Confidential Information”, that might have an adverse effect on the business, credibility, or goodwill of Digital Dhairya, and if the same adversity is caused by the aforementioned action of the client and is calculable in terms of money, then the Client will be liable to indemnify Digital Dhairya against any such damage without prejudice to other legal remedies available to Digital Dhairya.
(b). Any act or attempt to act that even remotely has an effect of breach of the terms of the present agreement that directly or indirectly causes any damage to Digital Dhairya and the damage is caused by the aforementioned action of the Client and is calculable in terms of money, then the Client will be liable to indemnify Digital Dhairya against any such damage without prejudice to the other legal remedies available to Digital Dhairya.
Note: The present clause survives the expiration or termination of the present agreement. The client undertakes strict
compliance with the present clause, irrespective of the expiration or termination of the present agreement.
14. Limitation of Liability
14.1. In no event will Digital Dhairya be liable for consequential, incidental, indirect, punitive, exemplary, or special damages, however caused and based on any theory of liability arising out of or relating to this Agreement, except in the case of gross negligence.
14.2. Digital Dhairya’s aggregate liability hereunder shall not exceed the subscription amount paid by the Client.
15. After Sales Services
15.1. Digital Dhairya will not provide any access to the LMS and the videos after the expiry of the program. If you want the videos, live sessions, support, and community, you can renew the consulting program via email.
15.2. Digital Dhairya reserves the right to stop after-sale services due to different factors, including the availability of resources and personnel, termination of the present agreement, or any other circumstantial reason that might preclude Digital Dhairya from continuing with the after sales services or providing the affiliated services expeditiously.
16. Publicity and Exhibition of Results
16.1. On entering into the present agreement, the client relinquishes certain rights in favor of Digital Dhairya, including the right to publicize and exhibit the resultant success of the client after pursuing the Courses offered by Digital Dhairya.
16.2. Digital Dhairya is under no mandate to take any prior permission from the client to publicly display their success through display of client’s improvement and his/her business augmentation eventuating from the courses subscribed to by the Client.
16.3. Other than as contemplated by the previous sentence or otherwise in this Agreement, Digital Dhairya will not use any trademarks, copyrights, service marks, logos, Confidential Information, or other proprietary materials of the Client without the consent of the Client.
Note: It is clarified that in case the Client has some issues with displaying the Client’s credentials with the resultant success of the course as part of Digital Dhairya’s Public Portfolio, then a written intimation is to be tendered to Digital Dhairya. Thereafter, Digital Dhairya may decide to accede to the request of the client on examining various factors.
17. Transfer/ Assignment of Accessing Rights
17.1. It is unequivocally made clear that under no circumstance will any Client be allowed to transfer his/her/its accessing right to materials offered by Digital Dhairya by transfer of their subscription. Any discernible Act of transfer will lead to a breach of this present agreement and thus will entitle Digital Dhairya to forfeit the subscription amount paid by the Client.
17.2. Any downloading and further assignment of any material that may or may not comprise Digital Dhairya “Confidential Information” or Digital Dhairya Service Product is prohibited, and the client should refrain from downloading and assigning the proprietary material provided by Digital Dhairya.
17.3. In case the Client is a non-individual institution and requires extended access for its employees, agents, and affiliates, the Client is required to make a formal request to Digital Dhairya. Digital Dhairya reserves complete discretion to repudiate the request. If the request for access to employees, agents, or affiliates is acceded to, the Client pledges complete responsibility for maintaining the confidential nature of the Service Product being accessed by its employees, agents, or affiliates. It is the Client’s obligation to ensure that Clause 8.6 of the present agreement is duly complied with by the employees, agents, or affiliates for whom the access is sought.
17.4. Further, the Client undertakes complete accountability in the event of a breach of any term of the present agreement attributable to any employee, agent of, or affiliate for which the foregoing access has been sought. In case of any breach imputed to any employee, agent, or affiliate of the Client to whom the access to the Service Product is given on the request of the Client and if the same breach causes any damages to Digital Dhairya, the said breach will be deemed to be committed by the Client and the Client is under strict liability to indemnify Digital Dhairya under clause 12 of the present agreement.
18. Severability: If any provision of this Agreement shall be held to be illegal, invalid, or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
19. Procedure for Handling Disputes:
19.1. All disputes and disagreements arising during the execution of this agreement course and consulting shall be resolved by the Parties through negotiations. In case of failure to reach an agreement during negotiations, the Client is entitled to send a written claim (statement) to the Company. The claim must be sent within 5 (five) days from the date of occurrence of the event, which was the basis for its submission.
19.2. The claim must simultaneously meet the following requirements: contain personal data of the Client, in particular, last name, first name, middle name, contact details, email, and number. Describe the conditions of the controversial situation with an indication of its date and time of occurrence.
19.3. To have references to all material circumstances of the case on which the requirements of the Client are based. point-by-point reflect the evidence of a violation, in parallel referring to a specific paragraph of this Agreement and (or) the annex to it that has been violated by the Company. Contain a list of applications to the claim (if any) and other evidence referred to by the client. All attached documents must be certified by the client. Do not contain links to data from other sites or companies.
19.4. Claim may be directed by: – Company e-mail Registered mail at: connect@digitaldhairya.com. Claims sent in any other way are not accepted for consideration. The Company reserves the right not to consider claims containing profanity, insults to the Company and/or its employees, or disrespectful statements, as well as claims deprived of a reasoned description of the violated rights.
19.5. Based on the results of the consideration of the claim, the Company has the right to request, and the Client undertakes to provide additional information and/or documents necessary for the consideration of the dispute.
19.6. The term for consideration of the Client’s claim is 14 working days from the date of receipt of the claim by the Company, excluding the days of the Client submitting additional information (documents) requested by the Company.
19.7. In any event of any dispute, controversy, or claim arising out of or relating to this Agreement or any subsequent amendments to this Agreement including, without limitation, the breach, termination, validity, or invalidity thereof or any non-contractual issues relating to this Agreement, each of the parties will make striving efforts to resolve such dispute or to negotiate for a resolution.
19.8. All disputes, controversies, or claims between the Parties hereto arising out of or relating to this agreement (including, but not limited to, disputes as to the Validity, interpretation, performance, breach, or with respect to damages upon termination of this agreement) which are not settled pursuant to the issue resolution procedures set forth in section 16.7 hereof, will be settled by final and binding arbitration in accordance with the following.
19.9. Except as specified herein or otherwise agreed to in writing, the arbitration will be conducted in accordance of and in conformity with the Indian Arbitration and Conciliation Act, 1996 (as amended up to date), in effect at such time (The Rules), by a panel of Single Arbitrator in accordance of the Rules. Both parties in consensus while entering into this agreement agree to unanimously appoint a Sole Arbitrator for deciding disputes as have been averted in the present clause. It is clarified that before invoking the present clause for the initiation of the arbitration proceedings, a 15-day notice of dispute is to be tendered by the affected/aggrieved party to provide adequate time for compliance with Clause 16.7.
19.10. The sole arbitrator is authorized to tender awards of monetary damages and injunctive relief or both. The sole arbitrator may, at their discretion, order one party to reimburse the other party for all or any part of (i) the expenses of the arbitration paid by the other party or (ii) the attorney’s fees and other miscellaneous costs. expenses reasonable incurred by the other party in connection with the arbitration.
19.11. Prior to the start of any arbitration, each party will make in advance half payment towards the estimated expenditure which may be incurred for conducting the arbitration proceedings. The Sole Arbitrator will be responsible for appraising the parties of the estimated arbitration fee/expenditure. All the costs of arbitration proceedings will be borne equally by Digital Dhairya and the Client. The arbitral award should be in writing, setting forth the legal and factual basis for the award, and shall be final and binding upon the parties who agree, in writing, to waive all rights of appeal thereon subject to the Indian Arbitration and Conciliation Act, 1996. Notwithstanding anything to the contrary
in this agreement, the Sole Arbitrator shall be bound by the express terms of this Agreement and shall not change or modify any term of this Agreement clearly expressed therein.
19.12. It is expressly understood and agreed that the pendency of a dispute hereunder shall at no time and in no respect constitute a basis for any modification, limitation, or suspension of Digital Dhairya’s and Client’s obligation to fully perform in accordance with the terms of this Agreement.
19.13. Any arbitral award passed by the Sole Arbitrator appointed under the present clause will, if required, enforce or annul as per the provisions of the Rules, the courts in Meerut, Uttar Pradesh, India will have sole jurisdiction oversuch awards.
20. Governing Law: Class Action Waiver
20.1. This Agreement is concluded on the territory of Meerut, Uttar Pradesh, India. According to this, all disputes and disagreements between the parties are resolved, and any procedural actions are taken. The parties unconditionally submit to the jurisdiction of the courts of Meerut, Uttar Pradesh, India. The Digital Dhairya Udyam Registration Number is UDYAM-UP-56-0026562, and the GST Number is 09BHKPC4401M3ZA, Registered in Meerut, Uttar Pradesh, India.
20.2. This agreement is to be construed and enforced under the laws of the country where it is deemed to have been made and entered into. The parties consent to the jurisdiction of Uttar Pradesh, Meerut, and agree that the venue of any legal action shall be Meerut, Uttar Pradesh, India.
20.3. This Agreement contains the final and complete agreement of the parties, and it supersedes any other representations or agreements. This agreement may not be modified, and none of its provisions may be waived unless the modification or waiver is in writing and signed by the parties to be bound.
21. Survival: All clauses and terms which by their nature should survive the expiration and termination of the present agreement shall continue in full force and effect subsequent to and notwithstanding any expiration or termination of this agreement by Digital Dhairya or the Client. Expiration or Termination will not limit any of Digital Dhairya’s other rights or remedies at law or in equity.
22. Non-Disclosure & Non-Compete
22.1. The Client hereby agrees that he/she/it shall hold in confidence and hereby agree that he/she/it shall not use, commercialize, or disclose except under the terms of the present agreement, any Digital Dhairya ‘ Confidential Information’ to any person or entity, or else under the provisions governed by this Agreement except as Digital Dhairya may approve in writing.
22.2. The Client undertakes to use at least the same degree of care in safeguarding Digital Dhairya ‘Confidential Information’ as he/she/it uses or would use in safeguarding his/her/its own Confidential Information, and shall take all steps necessary to protect the Digital Dhairya ‘Confidential Information’ from unauthorized or inadvertent disclosure.
22.3. The Client undertakes to maintain the strict and utmost confidentiality of the Digital Dhairya ‘Confidential Information’ regardless of the subsistence and survival of any contractual relationship between the parties. The Client will be obligated to comply with the terms of the present agreement beyond the existence of the present contract.
22.4. The Client inclusive of his/her/its direct beneficiaries in business, interest, and title in recognition of the transfer of Confidential and Proprietary Information to Digital Dhairya, hereby agrees not to directly or indirectly compete with the business of Digital Dhairya and its successors and assigns during the term of the agreement and for a period of Six (6) Month following the expiration or termination of this contract, notwithstanding the cause or reason for termination.
22.5. The Client acknowledges that breach of this agreement or disclosure of Digital Dhairya ‘Confidential information’ which, at law or in good conscience or equity, ought to remain confidential, will give rise to irreparable injury to Digital Dhairya or the owner of such information, and even if the same can be adequately compensated in damages, the Digital Dhairya has all the right and authority to get an injunctive relief against the Client as per clause11.5 of the present agreement.
22.6. The company has the right to amend the provisions of this Policy. The client guarantees that he will follow the updates of the Policy, which is always freely available on the Company’s website. With regard to any other issues and (or) obligations that are not covered by this agreement, the company acts at its discretion, guided by business practices and customs in the field of services of this nature. The Client is responsible for reviewing all changes to this Agreement and its annexes, as well as changes on the company website available to the Client.
Note: The present clause survives the expiration or termination of the present agreement. The client undertakes strict
compliance with the present clause, irrespective of the expiration or termination of the present agreement.
23. Miscellaneous
23.1. Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes any
or all prior agreements, understanding, negotiation, warranty, or representation between the parties in connection
with the subject matter of this Agreement.
23.2. Waiver: The failure of either party to promptly enforce or seek remedy for the breach of any provision of this agreement shall not constitute a waiver of such provision or any part thereof. No term or provision shall be deemed waived, and no breach hereof shall be deemed consented to unless such waiver of or consent to any other term or provision.
23.3. Force Majeure: Except for the payment of the subscription fee or any other due towards Digital Dhairya, neither Party shall be liable to the other for any delay or failure to perform due to fire, flood, strike, act of God, earthquakes, war, terrorism, invasion, hacking, riot or civil unrest, a national or regional emergency, blackout, shortage of adequate power or telecommunications, global pandemic or any other causes beyond its reasonable control including political and geo-political causes and without the fault or negligence of the delayed or non-performing party, including specifically Digital Dhairya’s web hosting service provider or database hosting provider to provide service to Digital Dhairya (a “Force Majeure Event”).
24. Definitions
24.1. Time of Subscription: Time of Subscription is the moment the client agrees to the terms of the present agreement and makes the payment for the course opted by him/her/it.
24.2. Signing of the contract/agreement: The contract will be considered as signed and accepted when the agreement is made available in a clickwrap form to the client on the website and the client expressly clicks on the ‘I Agree’ button. For other occasions when the present agreement is manually signed by the Client.
24.3. Service Product: Any knowledge imparted in the form of a course being the consideration of the present agreement including but not limited to any study material, oral teaching sessions, information, study modules, or any other material that may or may not form part of Digital Dhairya’s ‘CONFIDENTIAL INFORMATION’ for which the Client has paid for the subscription and entered into the present agreement.
24.4. Non-Individual Client: Non-Individual Client means any entity/company/proprietorship/ partnership that consists of more than one person or more than the minimum required persons to form.
24.5. Disclosing Party: The Party that discloses any confidential information in execution of the present agreement.
24.6. Recipient Party: The party that receives the confidential information in execution of the present Agreement.
24.7. Client: Client is any individual or entity that signs the present agreement and is thus bound by the terms of the present agreement.
24.8. Perpetual terms and clauses: Any term that by its nature of explicit declaration survives the expiration or termination of the present agreement.
24.9. Digital Dhairya Confidential Information: As defined in Clause 11.