Welcome to the eleve, an online service and platform for brand advocacy, which includes websites, mobile apps, and other technology(collectively the “Platform”), owned and operated by Coengaged Technologies Private Limited (“eleve”, “we,” “our,” or “us”).
In case you have entered into a Corporate Agreement with us, then the terms of the said Corporate Agreement shall prevail over these TOU.
We reserve the right to amend the TOU at any time and without any explicit intimation to you. When we make such changes, we will post them to our Platform with the date of last amendment/revision and you will be able to access them through the same link you used before. Your use of the Platform and/or the Services after such changes shall constitute acceptance of the new TOU and/or policies.
2. USE OF PLATFORM
Eleve hereby grants you a non-exclusive, non-transferable, non-sublicensable and limited license to use the Service/Platform and may change, suspend, or discontinue any aspect of the Platform at any time. Eleve reserves all rights not expressly granted herein on the Platform/Services. Unless eleve has agreed otherwise under a Corporate Agreement, eleve may terminate this license at any time for any reason or no reason. Eleve may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Platform/Service. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Platform/Service. You further undertake that:
You acknowledge and confirm that you will not register another user account without permission. While creating your account, you must provide accurate and complete information. You will be solely responsible for the activity that occurs on your account, and you must keep your account password secure at all times. Eleve shall not be responsible/liable for any unauthorised use or loss of data from your account in any manner whatsoever. However, you assure that you will notify/inform eleve immediately in case of any breach of security or unauthorized use of your account. You will indemnify eleve at all times in case of any claims, losses, complaints arising out of your use, breach of security or unauthorised use of the account by you or any third party. Further Eleve controls this Platform from India and makes no representation that this Platform is appropriate for use in other locations or territory. If you use this Platform from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Platform in violation of any applicable laws or regulations of the country of use.
3. RESTRICTION ON USE OF THE SERVICES/PLATFORM
By visiting the Platform and registering yourself as User, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to Eleve through this Platform or for inclusion on the Platform will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
I. You further agree that you will:
II. You agree that you will not:
III. You acknowledge and agree that any breach of the above will constitute a material breach of TOU with us. In such event, eleve may, in addition to any and all applicable legal and equitable remedies against you; (i) disable your registered account and your access to the Platform and the Services; and (ii) recover from you any losses damages,costs or expenses incurred by eleve resulting from or arising out of your non-compliance. You further acknowledge and agree that eleve may co-operate with any governmental authority in connection with any investigation into your use of the Services/Platform, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any Content, the Results and any other information pertaining to you or to your use of the Service/Platform, to such governmental authority in connection with any such investigation.
4. NOTIFICATIONS & ALERTS
By providing eleve your email addresses to eleve, you accept and consent to receive Service-related notification/notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes related to features of the Service/Platform and special offers. Certain Customers may have negotiated further modifications to the emails we may send from time to time. You may opt-out from receiving email digests from us; however, you will continue to receive broadcast emails or push notifications via the Service (as these are key features of the Service) on your registered email address.
5. TERMINATION OF SERVICES
Eleve may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in eleve’s sole determination, you violate any of these Terms, including the following prohibited actions:
6. LIMITATION OF LIABILITY/DAMAGE
ELEVE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE PLATFORM. ELEVE ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE PLATFORM BY ANY USER. ELEVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PLATFORM, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF ELEVE WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
THE LIMITATION OF LIABILITY/DAMAGE SHALL SURVIVE THE TERMINATION OF SERVICE BY ELEVE AND SHALL BE APPLICABLE YOU IN PERPETUITY.
You will indemnify, defend, and hold harmless eleve, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the "Entities") against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) ("Liabilities") incurred by any Entities in any way arising out of or relating to this TOU, your violation of this TOU, your content, or your use of our Services/Platform. Eleve reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim at all times.
8. INTELLECTUAL PROPERTY
The Platform is and will remain the exclusive property of Eleve. All rights, titles and interests in and to the Platform will be and remain vested solely in Eleve. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the Platform/Services, or any rights thereto, except as expressly and specifically provided in the TOU. Nothing in these TOU will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these TOU grants you the right, directly or indirectly, to use the Platform to create a product for resale or to use the Platform in any way that competes with Eleve.
This TOU and the Services offered on the Platform shall be governed by and enforced in accordance with the laws of India. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in India.
If any provision of the TOU is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by an authorized representative of the waiving party.
The Platform/Service is controlled and operated from our Corporate Office, Coengaged Technologies Private Limited, India. Those who access or use the Service from other jurisdictions, we suggest to do so at their own risk volition and are entirely responsible for compliance with local law, including but not limited to data protection, privacy and/or export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.