Terms of use
Acceptance of these terms
The following Terms of Use (“Terms of Use”) is applicable to you on accessing 360changemagic, which is an online tool for 360 degree feedback (“Services”). The Services offered hereunder is solely for your personal use and not for any commercial use whatsoever. By using / accessing / availing our Services you hereby agree to abide and comply with all the terms and conditions set forth in this Terms of Use. The term “you” or “your” shall mean the natural person or any legal entity that is agreeing to be bound by this Terms of Use through you. In case of an organization, you hereby agree to Terms of Use under a valid authorization and hereby bind your organization to these Terms of Use. It shall be deemed that all the terms and conditions mentioned herein are accepted by you on behalf of your organization. In the event of you not agreeing to these terms and conditions mentioned in this Terms of Use, you are requested by 360changemagic not to avail the Services. Services are owned and provided by Anand Kasturi Consulting, a sole proprietorship firm, having its principal place of business at 2992, 12th A Main, HAL 2nd Stage, Bangalore 560 008, India (hereinafter referred as “360changemagic”). You hereby agree that we may suspend, modify and alter the Services at any time without prior notice to you. Further, we may also remove any content from our Services, change the Terms of Use at 360changemagic’s discretion at any time without prior written notice to you. You are solely responsible for using our Services and this Terms of Use periodically for any modifications. Any access/use of Services by you after any modifications to this Terms of Use shall constitute and be deemed to be your acceptance to such modifications. By continuing to use the Services, you agree to be bound to the revised Terms of Use.
Limited License
Subject to the terms and conditions set forth in this Agreement, 360changemagic will grant a non-exclusive, non-transferable, limited right to access this site, materials and Services thereon.
You hereby agree and confirm that:
360changemagic authorizes to view and download the information ("Materials") at this Web site ("Site") only for personal, non-commercial use.
This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:
Retain, on all copies of the Materials downloaded, all copyright, trademarks and other proprietary notices contained in the Materials;
Not modify the Materials in any way nor reproduce or display, perform, or distribute or otherwise use them for any public or commercial purpose
Not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, 360changemagic does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Access to this site and the information contained herein is not unlawful under the applicable laws of the jurisdiction where you are resident and from where you are accessing this site.
You shall not circulate copies of this information in any manner (including but not restricted to photocopying and email) of the information and data on this site. You hereby agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the contents to anyone.
You are providing all the required information voluntarily and out of your free consent. Hence, 360changemagic does not assume any liability or responsibility for the accuracy, completeness or usefulness of the information disclosed or accessed through this site.
You are responsible for authorizing any person who is given access to information or data, and you agree that 360changemagic has no obligation to provide any person access to such information or Data without your authorization and may refer any requests for information to you to address. You are responsible for obtaining consent of the persons to whom your data is being shared, solely for the purpose of providing their personal opinions about your evaluation. Further, you hereby agree to indemnify us, in case of any dispute, which may arise with such persons, with whom we have shared your data, for evaluation or for providing their feedback.
The results provided by 360degree magic, should be solely used for your personal purpose and the same shall not be used for any commercial purpose.
Interrupt or attempt to interrupt the operation of the site in any way.
Intrude or attempt to intrude into the site in any way.
Post any obscene, defamatory or annoying materials on the site.
Obscure any materials, including this notice, already posted on the site.
Use the site or any contents thereof to defame, intimidate, annoy or otherwise cause nuisance or breach the rights of any person.
Not to misuse or abuse 360changemagic as 360changemagicTM is the protected trademark of Anand Kasturi Consulting and the same is protected by worldwide trademark laws. You hereby agree not to use the same, without the written consent of Anand Kasturi Consulting. Except as expressly provided herein, 360changemagic does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Payment of fees
All the payments made by you towards the use of our Services will be processed through 360changemagic’s partner secured payment gateway services, who are in strict compliance of the Payment Card Industry Data Security Standard as defined by the Payment Card Industry Security Standards Council. 360changemagic does not store any Credit Card information, however its payment gateway partner may store certain payment information shared by you, which are required to provide the Services. You agree that you will be sharing the Credit Card information and other payment information solely at your risk and 360changemagic will not be responsible for any misuse of the same. Further, 360changemagic is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the Services, you hereby release 360changemagic from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify 360changemagic any Fraudulent Actions which may affect the Services. 360changemagic reserves the right, in its sole discretion, to terminate your account if you engage in, or enable any other user or third party to engage in, Fraudulent Actions.
Account Security
You agree to provide true, accurate, current and complete information about yourself as prompted by the Services registration process (such information shall be referred to as “Login Data”). You further agree that, in providing such Login Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter correct or updated Login Data via the Services, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Login Data as required for your use of and access to the Services. You agree that you will not allow another person to use your Login Data to access and use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your information and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. 360changemagic will not be liable for any harm caused by or related to the theft of your access information, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
Privacy
We view protection of your privacy as a very important principle. We understand clearly that You and Your personal information is one of our most important assets. Our current Privacy Policy is available here. If you object to your information being transferred or used in this way please do not use our Services.
360changemagic’s Property
While availing Services you will come across copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, video, software programs and any data (collectively "Proprietary Material"). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except as expressly permitted herein, and/or solely for your personal, non-commercial use. Except as expressly set forth in this Terms of Use, you shall not authorize, encourage or allow the Proprietary Material obtained by you to be reproduced, modified, derivated, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise 360changemagic promptly, if you become aware of any such unauthorized use. Any and all goodwill accruing from the use of trade names, trademarks and service marks (collectively “Marks”) hereunder, shall accrue solely to the respective owners of such Marks. All rights not expressly granted to you in this Terms of Use are reserved by 360changemagic and its licensors.
Indemnity
You agree to defend, indemnify and hold harmless 360changemagic, its partners and its licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the 360changemagic; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your action initiated by you on the basis of the report provided by the Service, has caused damage to yourself or any third party; (v) any claim that may arise as a result of any activity which is considered as illegal, done by your usage of our Services; (vi) your violation of any laws of the land. This defense and indemnification obligation will survive these Terms of Service and your use of the 360changemagic.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES PROVIDED ARE ON “AS IS” AND “AS AVAILABLE” BASIS AND YOU SHALL USE THE SERVICES AT YOUR OWN RISK. 360CHANGEMAGIC, ITS PARTNERS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. 360CHANGEMAGIC WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM OR ANY DEVICES FOR ANY LOSS OR CORRUPTION OF DATA OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
360CHANGEMAGIC MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER 360CHANGEMAGIC’S CONTROL (SUCH AS A THIRD PARTY PAYMENT GATEWAYS, SERVERS ETC). 360CHANGEMAGIC MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/ANY DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 360CHANGEMAGIC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 360CHANGEMAGIC ITS PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 360CHANGEMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (v) ANY OTHER MATTER RELATING TO THE SERVICES. CONSEQUENTIAL DAMAGES SHALL INCLUDE, WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSS SUSTAINED AS THE RESULT OF DEATH / INJURY TO ANY PERSON, OR LOSS OR DAMAGE TO ANY PROPERTY, OR LOSS OR DAMAGES SUSTAINED AS THE RESULT OF WORK STOPPAGE OR STOPPAGE OF SERVICES, IRRESPECTIVE OF WHETHER 360CHANGEMAGIC HAD AN ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS TERMS OF USE, IN NO EVENT SHALL 360CHANGEMAGIC'S AGGREGATE LIABILITY TO YOU OR ANY PERSON CLAIMING UNDER YOU, DUE TO THE USAGE OF OUR SERVICES, EXCEED AN AMOUNT OF RUPEES 100 (₹100.00) ONLY. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 360CHANGEMAGIC AND YOU. 360CHANGEMAGIC WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. IF YOU DO NOT AGREE FOR THE ABOVE, PLEASE DO NOT ACCEPT THE SERVICES.
IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Termination
360changemagic reserves the right to terminate the Services with or without cause and with or without notice to you solely at its discretion, at any time if you fail to adhere to or upon non-compliance of this Terms of Use.
Miscellaneous
These Terms of Use and Services will be governed by laws of Republic of India except for its conflicts of laws principles. All claims arising out of or relating to these Terms of Use or the Services must be irrevocably submitted to the jurisdiction of the courts situated in Bangalore, India. Both parties hereby irrevocably consent to submit themselves to the exclusive jurisdiction of the aforesaid courts and hereby waive all their rights with regard to the jurisdiction of the courts. These Terms of Use constitute the entire and exclusive agreement between you and 360changemagic with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the services. These terms create no third party beneficiary rights. 360changemagic’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Terms of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these terms, and any such attempt is void, but 360changemagic may assign its rights to any of its successor in interest of any business associated with the Services. 360changemagic and you are not legal partners or agents; instead, our relationship is that of independent contractors. These Terms of Use supersedes all prior understandings regarding the same and represent the complete agreement between You and 360changemagic.