Terms & Conditions
• Rise and Surge offers training and coaching services and programs, and is considered as Party A or Training Provider
• People who pay and attend the programs of Party A are called as participants for the purpose of these terms and conditions
• Corporates that send their employees are called as Corporates or Party B
• People who pay for their own participation in the programs of Party A are also considered as Party B for the purpose of this agreement
Party-B affirms that it shall pay the full cost of accessing the Program in advance via the secure payment gateway which is accessible through the website maintained by Party-A viz. www.riseandsurge.com or deposit the amount in the bank account of Party A (details of the bank account will be provided separately)
It is further affirmed by Party-B that the payment made by it, to Party-A shall be subject to terms and conditions which are appended to this Agreement and marked as Annexure-A; Party-B also affirms that it has understood that the access to the Program whether physical or online shall be granted only after making prior registration and payment.
Detailed terms and conditions are as follows:
1. Refund Policy: The Registration Fee once paid shall not be refunded.
2. Transfer: The fees can be transferred to some other program of Party A, however the same shall be subject to the sole discretion of Party-A.
3. Copyright: The Party-B affirms that merely attending the Program and using the software applications, sheets, and all the contents provided for this purpose (henceforth “the intellectual property”) which has been developed and owned by Party-A, cannot be copied or transferred or modified or reproduced or republished or uploaded or downloaded or transmitted or posted, in part or full, without the express written permission by the authorized person of Party-A; Any use of the content of the website (www.riseandsurge.com) and/or the programs, otherwise than for this Program, shall constitute the violation of copyright law and may entail legal consequences in breach thereof; The Party-B also affirms that it is aware that the said ‘Intellectual Property’ provided by Party-A is licensed and the access thereto is limited to the Program only and access thereto must not be confused with ‘Sale’; The Party-B further affirms that it has understood that the ‘Intellectual
Property’ has not been sold to it, but merely access granted temporarily only for the purpose of attending the Program; The Party-A exclusively owns the ‘Intellectual Property’ referred-to above.
4. Information relating to electronic transactions, entered via the website, or to be entered in future, is/shall be protected by the Encryption Technology. The Party-A has made arrangements for secured payment gateways.
5. The Party-A affirms that the website, named above, cannot and does not interfere with the payment gateway’s mechanism/tools/application. The Website has no access to the information that Party-B may enter for the purpose of making payment through the payment gateway. The details qua any transaction and/or banking and/or any other information, as required for internet banking, are held by the Payment Gateway Operator while protecting any third-party information. The Party-A by creating a link to a payment gateway, does not endorse the payment gateway, nor is Party A liable for any failure arising due to any reason which is beyond the control of Party-A and attributable to the service provider of the Payment Gateway. The Party-A does not control or influences or has any say in the privacy policy of the service provider of Payment Gateway. Any failure/error/omission/technical glitch of the payment gateway shall be solely the responsibility of the service provider managing and maintaining the Payment Gateway. The Party-B affirms and undertakes in unequivocal terms that it shall not hold the website (www.surgeadrise.com) and its operators/owners responsible and accountable in any manner qua dispute between Party-B and the Payment Gateway Operator. The Party-B, on its party, shall keep the Party-A indemnified in any situation that may arise due to the dispute between Party-B and the Payment Gateway Operator at any point in time.
Who should participate
This program is aimed and designed for helping physically and mentally healthy people to break their self-imposed barriers and achieve their full potential in all walks of life.
The Party-B is advised to ensure to offer this program to participants who are not facing any mental challenge. A candidate, otherwise desirous of participating, is advised not to participate in the program if he (includes she) or anyone in his family, in first blood relation, has a history of Bi-polar Disorder and/or Mania with Psychotic Symptoms and/or Maniac Depressive Disorder, and/or acute and/or chronic Depression and/or Psychotic Disorder, Schizophrenia, etc.
The Party-B shall ensure that the participant sponsored for the Program, should not participate if they are taking and/or, taken, or been prescribed to take at any time in the past any medication that is prescribed for the treatment of bi-polar disorders; anti-anxiety drugs, anti-depressants, anti-psychotics; any drugs or medicines, whether prescribed or non-prescribed, intended to treat or affect mental processes or mood or to treat a chemical imbalance; or anabolic steroids; or have in the past year been depressed and/or considered or had ideas of suicide, suicidal tendencies, self-harm or harm to another; or have an unresolved history of drug or steroid abuse and/or alcohol abuse; or are currently in therapy and their therapist foresees any risk of any kind, related to or in the process of the therapy.
The Party-B shall ensure that a participant, if having any history of mental illness or serious emotional problems, whether himself and/or in his immediate family AND/OR prone to stress or experience severe physical, mental and/or emotional problems, he should not be allowed or sponsored for attending the program. The Party-B may like to get signed declarations from participants, desiring to participate in the program.
It is the responsibility of Party-B to ensure that they are mentally healthy and physically healthy and do not display any symptoms or characteristics as mentioned in the above points
It is the responsibility of Corporates to ensure that their participants are mentally and physically healthy and do not display any symptoms or characteristics as mentioned in the above points
Program Attendance
Programs are intended for, and participation is restricted exclusively to, people who have paid for the Program and for employees of Corporates which have paid for the program.
Participants are required to comply with the rules of conduct on the training premises, in particular with health, safety and accident prevention regulations, and follow any reasonable instructions of the instructor; Participants are also refrained from making any video, screen and/or audio recordings, and from taking pictures during a Program without the prior written consent of the Training Provider.
Training Provider reserves his right to refuse to provide training to any Participant and to request that an Participant be removed from the training facilities at any time if in the
opinion of Training Provider, the Participant is (a) unfit or unsuitable for any reason to attend or complete the Program, or (b) the behaviour of the Participant is in any way dangerous, offensive, or would otherwise impede the proper flow of the Program.
Training Provider reserves the right to cancel a Program or reschedule a Program Date at any time for any reason beyond the control of Party-A. Training Provider shall endeavour to inform participants and Customers as soon as possible of any such cancellation or rescheduling, and in the event of rescheduling, Party-A will offer a new Program and will work out a schedule which is mutually acceptable to both sides. In case of cancellation,
Training Provider shall refund the Program Price to Party-B without any delay. Such a refund will be the only remedy available to Party-B. Both sides shall amicably resolve any dispute that may arise on account of cancellation or rescheduling of the training.
The Party-B agrees that it shall not hold Party-B and/or it’s website named above and/or it’s trainers, liable for any loss or cost incurred by Party-B or any person related to Party-B or any of the sponsored candidate in the event of mental, physical, emotional stress, or distress (or any ailment or condition) caused either directly or indirectly in relation to the training sessions. The Party-B undertakes to indemnify Party-A fully and in all respects, in the event of any such claim or liability or loss or detriment or damage to anyone participating in the program. The Party-B shall also indemnity Party-A against any costs and/or expenses, including reasonable external and internal legal costs, arising out of the disclosure of any information shared during the training program.
DELIVERABLES
The outcomes of this program will be based on the participation level of the participants, and their proactive approach in imbibing the learnings from the training program.
The Party-B and Participants sponsored by Party-B, acknowledge and agree that the training material provided by the Training Provider is for educational and informational purposes only; and does not constitute any advice or consultation. The Training Provider has no obligation, whatsoever, to provide to Party-B or any of the participant sponsored by it, any update to the training material after the related Program has been given.
Participants shall be responsible for making their own travel arrangements including accommodation, meals, and other expenses incurred by them in relation to the Program. Training Provider shall not be responsible for any of such expenses in the event of cancellation or rescheduling of the Program.
Lunch and tea will be served as part of the program by the training provider (Party-A). All due care will be taken to ensure that good quality food and tea is served to participants during the program. The Party-A (Training provider) is not responsible in any way if the participants have any issue(s) with the food or tea/coffee, and or related services thereto.
The total liability of Party-A, against all claims, of any kind, whether in contract, warranty, indemnity, or otherwise, arising out of or related to the food, tea/coffee, or services related thereto, served by third party, delivery or Contract, or its performance or breach of the contract shall not exceed the actual cost paid for food, tea/coffee, etc. in respect of any claim that is made qua such services.
