Terms of Usage

The Glibzter Persona and Image Management (GPIM) Baseline Assessment is owned and operated by Glibz ImageTech Private Limited, a company registered in India (referred to collectively we, us, or our).

These Terms of Service (Terms) apply to your access and use of the website (www.glibzter.com) (the Websites), software, application, products and services (all together, the Services). The Services include assessments and gamified challenges in Speech. Etiquette, Image, and Lifestyle, ‘Style Check’ services for Wardrobe Analysis, Image consultation intervention for selection of dresses and accessories while shopping online and one on one image consultation.

You must accept these Terms in order to register with us and receive any Services (including taking part in any of our fitness challenges). These Terms are a legally binding contract between you and us.

Use of Services

You must not use or access our Services if you are under the age of 18, unless your parent or guardian has consented in accordance with applicable law. Where these Terms prohibit you from doing something you must also not attempt to do it or encourage or assist  others in doing it while accessing or using the Services.

Creating an Account

Use of our Services requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You must keep your account credentials confidential (you must not share your login details). You are responsible for all activity that occurs in association with your account. Please contact [support@glibzter.com] if you discover or suspect any security breach related to the Services or your account.

Use by Minor

Use of our services by children under the age of 18 is predicated upon the child’s guardian reading and agreeing to our privacy policy, thus providing a record of consent for the child to participate in our Assessments. Consent can be withdrawn at any time, and all information held by the us relating to the child can be deleted or corrected upon request.

Content posted by a child, or relating to children, posted in our platform cannot be repurposed or reposted elsewhere in any form.  The child’s guardian is responsible for monitoring appropriate use of our services, and associated activities in Teams or Communities. We are not responsible for the child’s use of our services and other associated products.

Privacy

For information about our data practices, please see our Privacy Policy which sets out the personal information that we collect and our use of the information.

Our Services

Compliance with specification. Subject to our right to amend the specification, we will supply the Services to you in accordance with the specification for the Services appearing on Our Websites at the date of your order in all material respects.

Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.

Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.

Content

Except for those licenses content and the open source material, any materials that we post, generate, provide, or otherwise make available through the Services, including any photos, images, maps, graphics, video, audio, data, text, sounds, software shall be our proprietary content. We reserve all rights in the Content, the Services, and the underlying technology. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. Our logos and any trademarks on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part. Third-party trademarks, product, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

We do not claim ownership in any of the information, data, text, sound, photographs, graphics, video, messages or other materials that you post onto the Services, or that you connect to the Services (Your Content). Your Content excludes our Content. You are entirely responsible for Your Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display Your Content in all media formats for the purpose of providing the Services. This license ends when you delete Your Content or your account. Your Content will not be subject to any obligation of confidence on the our part other than as set out in our Privacy Policy and we will not be liable for any use or disclosure of Your Content you provide.

You represent and warrant that Your Content, the use and provision of Your Content on the Service, and your use of the Service will not:

a. infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights;

b. violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

c. be fraudulent, false, misleading, or deceptive;

d. be defamatory, obscene, pornographic, vulgar, or offensive;

e. promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

f. be violent or threatening or promote violence or actions that are threatening to any person or entity;

g. promote illegal or harmful activities or substances.

You must ensure that Your Content complies with applicable privacy laws including that you have all necessary authorizations and consents for any personal information you include in Your Content.

We may, in our sole discretion, alter, remove, or refuse to display any of Your Content, remove or disable access to any of our Content, suspend or terminate your access to the Services and/or your account, or take any action we may deem appropriate, at any time and without notice, if we determine that the relevant content or your use of the Service is objectionable or in violation of these Terms.

Permitted Use

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Service, (b) access and view our Content, and (c) access and use the software and, where you download an application, the application, provided by us in relation to the Service, subject to these Terms.

Prohibited Use

You will not

a. upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;

b. use or attempt to use another user’s account without authorization, or impersonate any person or entity;

c. harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; or

d. use the Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type.

e. use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, transmit, broadcast, or otherwise exploit our Content, Services or any portion of the same (including any third-party software); or

f. post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake.

g. use, display, mirror, or frame the Service or any individual element within the Service, including the layout and design of any page;

h. use our name, any of our  trademark or logo, or any of our proprietary information;

i. access or tamper with non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;

j. test the vulnerability of any of our system or breach any security or authentication measures;

k. circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service;

l. access the Service or the Content through the use of any mechanism other than through the website or application; or

m. modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that we provide to you or any other part of the Service.

Disclaimer 

If you rely on any our Content or the Services you do so solely at your own risk. We are not responsible for the content or information you receive through the Services. We make no endorsement, representation, or warranty of any kind about any content or information on the Services including that we do not promise the accuracy, reliability, availability, integrity or quality of such content. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content made available on the Services. You agree to bear all risks associated with the use of any content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that we does not moderate or monitor the content posted to the Services.

Changes to Content and Services

Content may change from time to time or vary by geographic location. We and our third party service providers may make improvements and/or changes in the Services, products, services, applications, features, programs, and prices at any time and for any reason in its sole discretion. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion of the Services with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Third Party Services

The Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (Third-Party Services) that are not under our control. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Services are not part of the Services and are not controlled by us, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy or statement that applies to your use of any Third-Party Services. Changes

Price and Payment

You can learn more about various subscription and transaction based offerings by us. Pricing may vary by location and will be based on the billing information provided by you at the time of purchase. 

Subscriptions and Renewals. For the Subscription based offerings, We will send you a notification for the renewal of you subscription 30 (thirty) days prior to the end of the Subscription term. Unless renewed before the end of your subscription, your access to our services will be suspended and the account will be deactivated. If the account us not activated within 39 days from the date on which it is deactivated, your subscription shall be deemed to be cancelled. You can cancel their subscription at any time. If you cancel your subscription, You will not receive a refund or credit for any amounts that have already been billed.

Taxes. The subscription fees are exclusive of applicable taxes unless otherwise specified.

Changes to Pricing. We reserve the right to change the prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

Termination

You may request to delete your account at any time by contacting [support@glibzter.com]. The terms which are in the nature of surviving upon termination will continue to apply even after deletion, suspension, termination, or discontinuation of the Services or your account.

Disclaimer of Warranty

The information, software, products, services and content available through the services are provided to you “as is” and without warranty. We and our subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. We and our subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the service will meet your requirements; (b) your content will be available or the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.

Our maximum aggregate liability to you arising out of, or in connection with, these terms or from the use of or inability to use the services shall not exceed the greater of the amount you have paid to us for use of the services in the 12-months prior to the date of the claim. We are not liable for any indirect, special, incidental, or consequential damages arising out of, or in any way connected with, this agreement or the services or any costs of delay, loss or inaccuracy of data or information or loss of profits, even if it knows of the possibility of such damage or loss.

Indemnity

You will indemnify and hold us or our officers, directors, employees, affiliates, agents, licensors, and contractors harmless from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (a) your access to or use of the Services, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Dispute Resolution

You agree that any action at law or in equity arising out of or relating to these Terms or your access to or use of the Services will be filed only in Coimbatore, Tamil Nadu and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding. These Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of India without regard to its conflict of laws principles. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, as a precondition to either party initiating arbitration. Any claim arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration in accordance with provisions and procedures under the Arbitration and Conciliation Act 1996. 

Feedback

If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by us, or obtained from sources other than you.

General Terms

Except as otherwise stated, these Terms constitute the entire and exclusive understanding and agreement between us regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding the Services.

We may modify these Terms at any time and such modification will be effective when the new Terms are loaded onto the website.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given via email. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us . Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.