Welcome to letssolveyourproblem.com!
Please read these TOU carefully. If you do not agree with them, you should leave this website immediately.
- Nature and Use of the Platform:
The Platform is a unique concept which has never been tried and tested before so you are a part of an innovation in process.
You understand and agree that this is a Platform that allows persons to merely list and address problems they encounter in carrying out business operations during the Covid-19 Pandemic times and find and /or provide ideas and/or solutions to the problems listed.
We shall use our best efforts to provide solutions to the problems listed on the Platform, but do not in any manner whatsoever, warrant that we will at all times provide solutions to all the problems listed on the Platform.
You agree that this is an open source Platform and is open to viewing and/or use by other persons who may provide their ideas and/or solutions and/or opinions on the problems listed.
If you have any questions with regards to any shortcomings in the ideas and/or solutions, or its execution or communication, you may contact us and give us your feedback, we will adopt all reasonable efforts to find a solution to the issues raised, at the earliest. We do not guarantee a solution to all the issues that you might have raised or problems that you may have listed.
You agree that this Platform may be accessed by any person, who may at their sole discretion provide ideas/solutions to a problem that is listed on the Platform.
You agree that the ideas and/or problems shared on the Platform are open to all and can be used by any person who uses and/or accesses the Platform. We shall not be liable for any claims that may arise in relation to use of the ideas/ problems and/or solutions listed on the Platform. You are hereby advised to refrain from disclosing any information that might constitute a trade secret or be of a nature that you may not want to put in a public forum.
Do note, the comments and posts on the social media page will be moderated to keep the focus on the objective of the initiative and not on any irrelevant discussions and arguments. We reserve the right to remove any such posts.
We shall use all reasonable efforts for problem solving and creating prototypes, but once again, our ability of problem solving and creating prototypes will depend on multiple factors which include but are not limited to, availability of funds, fund raising, viability of the product, human resources, government advisories etc.
We do not warrant that we will address and/or create prototypes for all the problems listed on the Platform. We reserve the right to choose the number of problems we wish to address.
We shall take all decisions in relation to the execution and/or development of the idea and/or solutions.
You agree that giving ideas/solutions to the problems listed on the Platform is a prerogative that every person has and they would willingly engage on the platform for the cause.
You accept and agree that all the problems, or ideas / solutions that you give to the problems listed on the Platform, are at your sole discretion and you shall accordingly not automatically be eligible to receive any consideration in relation to such idea and/or solution.
We may at our sole discretion provide a minimal stipend if we determine that the idea/solution provided is given by a person who has the expertise and technical know-how and who agrees to help prototype the idea and who is willing to join the team that works on that particular solution.
You understand and agree that we may at our sole discretion make payments of fees, honorarium and/or stipends to any person who agrees to work on a problem and/or idea and/or solution for a continuous period of not less than two (02) months.
3. Identical Ideas, Selection of Ideas and Selections to the Team:
You agree that the Platform is open to all persons; there is a possibility that the ideas and/or solutions posted on a particular problem could be same and/or identical. Under such circumstances you agree that we may at our sole discretion decide on which individuals’ idea we wish to select and/or execute and/or develop.
Selections of the team shall not be on first come first serve basis. We shall at our own discretion decide on who should be a part of the team. Selection to the team will be based on a number of factors which include but are not limited to, person’s ability and expertise, physical presence, ability to create viable product solutions, team compatibility, complimentary to the other team members, availability etc.
We do not guarantee that we will raise funds to develop and/or execute your/anyone’s idea. Funds may be raised only after scrutinizing the merit and viability of the idea. We do not claim that all the ideas and/or solutions generated on the Platform will be funded. Funds may be raised through crowdfunding, corporate participation, Angel investors, venture capitalists etc.
5. Trade Secrets:
You understand and agree that this is an open source platform. We advise that you do not disclose your trade secrets and/or other confidential and/or proprietary information (Trade Secrets) on the Platform.
If you disclose your Trade Secrets on the Platform, you agree that you disclose it at your own discretion and shall be solely responsible for such disclosures and/or any infringement of your Trade Secrets.
We shall not in any manner be liable for infringement of your Trade Secrets that are made available through the Platform.
6. Disclaimer of Warranty:
THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THIS, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PLATFORM INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT WE DO NOT PROVIDE ANY WARRANTY THAT THE IDEAS AND/OR SOLUTIONS MADE AVAILABLE ON THE PLATFORM ARE CORRECT, ACCURATE AND COMPLETE. ALL SOLUTIONS AND/OR IDEAS GIVEN TO A PROBLEMS LISTED ON THE PLATFORM ARE THE INDIVIDUAL OPINION OF PERSONS USING THE PLATFORM, WE DO NOT WARRANT AND/OR ENDORSE SUCH OPINIONS.
WE SHALL NOT BE LIABLE FOR ANY LOSSES OCCURRED TO YOU SHOULD YOU DECIDE TO PLACE RELIANCE ON SUCH IDEAS AND/OR SOLUTIONS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE IDEAS AND/OR SOLUTIONS FROM THE PLATFORM.
7. Limitation of Liability:
We shall not be liable to you for any indirect or consequential losses or damages, costs, expenses or other claims for consequential compensation in contract, tort (including negligence) or otherwise arising out of or in connection with your use of the Platform or for any direct or indirect loss of data, loss of savings, loss of business and/or loss of profits resulting from any development and execution of the idea and/or solution, any issues, misunderstandings in relation to project completion etc.
You agree to indemnify and hold letsolveyourproblem.com, and its subsidiaries, affiliates, directors, officers, agents, third party contractors and employees, harmless from all damages, costs, liabilities, and any claim or demand, including reasonable attorney’s fees due to or arising out of Content you submit, post to or transmit through the Platform, your use of the Platform, your connection to the Platform, your violation of the TOU, or your violation of any rights of another person.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. In the event of such modification or discontinuance, all information submitted by you and others may be lost.
You agree to keep a permanent record of all information provided to us, and you agree that all information submitted to us is at your sole risk. You agree that we have no responsibility or liability for the deletion or failure to store any Content provided by you maintained or transmitted through the Platform including without limitation messages and other communications.
10. Your Information:
You must be at least 18 years of age to use our Platform. In consideration of your use of the Platform, you agree to:
Provide true, accurate, current and complete information about yourself if prompted by the Platform’s registration/submission/ form (such information being the Registration Data) and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your access to the Platform and refuse any and all current or future use of the Platform (or any portion thereof).
11. No Resale:
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the platform, or access to the same.
12. Your Responsibility:
You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted by you and other users of our Platform, are the sole responsibility of the person from which such Content originated. This means that youare entirely responsible for all Content that you upload, post, email or otherwise transmit via the Platform.
We do not control the Content posted via the Platform and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Platform, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Platform.
You agree that you will not use the Platform so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you also agree not to do any of the following:
a. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
b. Impersonate any person or entity, including, but not limited to, a Platform official, guide or host, or any other team member of letsolveyourproblem.com or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information disclosed as part of employment relationships or under non-disclosure agreements;
d. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain lettersor any other form of solicitation.
e. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
f. Collect or store personal data about other users;
g. Access the Platform for the purpose of data mining or extracting content from the Platform beyond your personal end use.
h. Harm minors in any way;
i. Intentionally or unintentionally violate any applicable local, state, national or international law, or any other regulations having the force of law.
j. Stalk or otherwise harass another; or
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or our personal safety ,users and the public.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
14. Electronic Communications:
You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
15. Entire Agreement/ Severability:
This Agreement supersedes all prior terms, agreements, discussions and writings regarding ourPlatform and constitutes the entire agreement between you and us regarding the Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favour as a result of its counsel’s role in drafting this Agreement.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address provided in the submission form/registration form, and (ii) if to us, by you via email on email@example.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
20. Governing Law and Dispute Resolution:
a. These TOU/Agreement shall be fully enforceable in India and shall be governed by and construed in accordance with the laws of India.
b. In the event of dispute arising out of or relating to these terms, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by Mediation in accordance with the LCIA India Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.
c. If the Parties are unable to reach an amicable and mutual settlement of the dispute within a period of 60 days from the date of appointment of the mediator, or such further period as the parties shall agree in writing, then the dispute will be referred to and settled by binding arbitration under the LCIA India Arbitration Rules, which rules are deemed to be incorporated by reference into this clause.
d. The arbitration proceedings shall be conducted, including all documents presented in such proceedings in English language.
e. The seat of arbitration shall be in Goa, India and shall be conducted and administered by the Arbitrator under the provisions of the Indian Arbitration & Conciliation Act, 1996.
f. The award of the arbitrator shall be binding on the Parties and may be submitted in a court of competent jurisdiction for its execution thereof.
g. Parties agree to submit all their disputes arising out of or in connection with this agreement to the exclusive jurisdiction of the courts of Goa, India.
h. The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of India. The courts of the State of Goa, shall have sole and exclusive jurisdiction over any disputes arising under, or in any way connected with or related to these terms.
21. Contact Us:
Forum for Innovation Incubation
Research and Entrepreneurship,
The Fatorda Salesian Society,
Margao, Goa, India – 403602
Email Address: firstname.lastname@example.org