Terms & Conditions
1) Terms of Service:
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Company introduction: CosmicForce365 (registered entity as CosmicForce365 Pvt. Ltd.) is a training hub for corporates, for both tech and non-tech services across different domains, catering to a wide spectrum of training services across different domains. CosmicForce365 offers a comprehensive range of tailored training solutions designed to meet your organization’s specific needs. Whether you’re looking to upskill, reskill, or empower your workforce, our programs are meticulously crafted to deliver tangible results.
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List of Services offered: CosmicForce365 offers a host of services for companies in the field of Marketing, HR, Financial, Consulting, Technology, Creative, IT services etc. Refer services page on the website for detailed and updated information.
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No employee benefits offered only remuneration paid, mode of payment:
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The trainer agrees to be an independent contractor and not an employee of CosmicForce365 or any Client who engages you via the Platform. The Freelancer shall not represent directly or indirectly that you are an employee, or legal representative of CosmicForce365.
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The trainer acknowledge and agree that neither you nor anyone acting on your behalf shall be entitled to receive any vacation pay, sick leave, social security benefits, or any other employee benefits of any kind from the Company or any Client who engages you via the Platform. The trainer, as an independent contractor, agrees that he/she would not be entitled to any termination benefits/compensation payable under Indian laws.
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Termination – notice period: The Client or trainer may terminate these Terms upon giving at least seven (7) business days' advance notice to the other party. The Client or trainer may mutually agree to waive off in writing the notice requirement in some specific circumstances. We may also terminate these Terms immediately and without notice and stop providing the trainer the access to the Platform if he/she breaches these Terms, he/she violate applicable laws, or we reasonably believe termination is necessary to protect the Platform or its members.
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Indemnification: Trainer agrees to keep CosmicForce365 and its authorised representatives indemnified and harmless against any claims or demands that may be made by a third party for any loss or damage to such third party arising out of or in any way connected with:
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breach of these Terms
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improper use of the Platform
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T&C acceptance: Please read these T&Cs in conjunction with the Privacy Policy carefully before using the Platform. By using the Site and/or Services, the User understands and accepts the terms and conditions set forth hereunder. These terms form a binding legal agreement and govern your relationship with CosmicForce365.
2) Privacy Policy for the trainers:
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Confidentiality clause (proprietary information): You hereby acknowledge that CosmicForce365 or any Client who engages you via the Platform, has and that you may come to possess or know certain information belonging to CosmicForce365 or any Client who engages you via the Platform, and/or its affiliates or customers, including but not limited to technical data, specifications, designs, software, product plans, research and development, personal information, financial information, business methods and operations, and marketing programs, and involving inventions (whether or not patentable), trade secrets, know-how, techniques, and combinations of known information all of which are proprietary information exclusive to CosmicForce365 or any Client who engages you via the Platform, as may be applicable and of a character regarded by Company or any Client who engages you via the Platform as confidential, and which, except as the Company or any Client who engages you via the Platform may otherwise agree in writing, shall be deemed by Company or any Client who engages you via the Platform, to be valuable confidential information.
You acknowledge that CosmicForce365 is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, all data, information and reports
The trainer further agree to not directly or indirectly, divulge, reveal or communicate any Proprietary Information to any person, company, firm, corporation or entity whatsoever, or use, pursue or exploit any Proprietary Information for your own benefit or for the benefit of others so long as it remains proprietary information of the or any Client who engages you via the Platform.
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IPR protection: Any and all inventions, discoveries, improvements, discoveries, modifications, developments, concepts, designs, ideas, know how, trade secrets and/or original works of authorship, innovations, enhancements, including but not limited to computer software, and intellectual property of any kind (Inventions) conceived or developed by you pursuant to these Terms shall be deemed to have been created under these Terms (Company Inventions). You hereby agree and acknowledge to assign all rights, title, and interest in the Company Inventions to CosmicForce365.
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Data privacy: You agree to specifically comply with the obligations laid down under the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (Data Protection Rules) and any other law for data protection in India, where applicable.
3) Contractual relation between client and trainer:
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Dispute among users: In case of dispute between the client and freelancer the aggrieved party can intimate the other party via written complaint. Also CosmicForce365 will resort to the provisions of Arbitration and Conciliation Act, 1996 to resolve the dispute.
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Inadequate quality of work by the trainer: The client may conduct interim review of the trainer's work. In case the client highlights about sub-standard nature of work by the trainer in three consecutive work reports then the contract will terminate immediately. In such cases the trainer will be penalised for the sub-standard work done.
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Dispute resolution process: All disputes, differences or claims arising out of or in connection with these T&Cs, shall be referred upon to a sole arbitrator (to be mutually agreed between the parties) and finally settled in accordance with the rules of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bangalore and shall be conducted in English language.
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Steps taken by the Company to resolve the dispute: CosmicForce365 will resort to the provisions of Arbitration and Conciliation Act, 1996 to resolve the dispute.
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Trainer code of conduct:
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The trainer must register on the Platform – either online on the website or by means of a ‘Partner agreement’
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The trainer must keep his/her information accurate.
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Upon completing the registration, trainer will be eligible to provide services to the Client subject to meeting the specific requirements of the service and submitting additional details if required.
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The trainer agrees to perform the services with due diligence and in a safe, competent, professional and workman like manner.
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The trainer may not use the Site or Services for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of others.
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The trainer must have the authority and legal capacity to enter into these Terms.
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The trainer must not be under any disability, restriction or prohibition, which prevents them from performing or adhering to any of duties or obligations under these Terms.
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The trainer will at his/her own cost hold all necessary licenses, consents, permits and approvals required in connection with the provision of services under these Terms.
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Governing Laws: These T&Cs are governed by the laws of India. The exclusive jurisdiction and venue of the competent courts will be located at Bengaluru, Karnataka, India for all disputes arising out of or relating to these T&Cs.
4) Fees:
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Service fee: For every transaction CosmicForce365 charges from client/trainer, the details of which are mentioned in the client agreement.
5) Limitation of Liability by the Company:
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The trainer understands and agree that in no event shall the company entities be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the any of the services or products available through this platform. CosmicForce365 is not liable for any damages resulting from loss of use, data, or profits. CosmicForce365 will not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
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Force Majeure: In no event shall CosmicForce365 be held liable for any acts beyond its reasonable control including but not limited to acts of God, epidemic, pandemic, riots, wars, lockdowns.
6) Miscellaneous:
These Terms of Use and any policies or operating rules posted by us on the Site does not constitute the entire agreement between trainer and the company. For details about the policies or operating rules kindly refer to the agreement.