This user agreement (“Agreement”) is an agreement between, the user (hereinafter referred to as “you”, “your”, “user”) and Pesto Tech (India) Private Limited (hereinafter referred to as “us”, “we”, or “Pesto”), governing (i) your use of Pesto’s website www.pesto.tech, mobile-optimized versions of the website, digital applications, and any other media formats for the purposes of use and promotion of www.pesto.tech, (collectively referred to as this “Website”) together with all the characteristics and features as provided on this Website and/or (ii) your use of products and/or services offered to you by Pesto (hereinafter referred to collectively as the "Services"). The term “Pesto” shall mean and include Pesto Tech, Inc., a company registered in Delaware, United States of America to that extent they are bound by the terms and conditions of this Agreement specifically for your usage of the Website and Services as a hiring partner based outside of India.
If you do not agree with these Terms and Conditions, you are not permitted to use this Website. Pesto will not be liable for any consequences arising from your unauthorized use.
1.1. Initial Access: You may access this Website without subscribing to the Services. We reserve the right to restrict your access to some parts of/entirety of this Website from time to time without prior notice to you. We shall not be liable for exercising our right set forth hereunder.
1.2. Full Access: To access the Services and view full contents of the Website, you will need to register on the Website and you will be able to access after you create a “Registered User” account. In order to become a Registered User, you will be required to furnish certain information and details, including your name, mobile number, e-mail address, residential address and any other information deemed necessary for registration. Once you complete your registration on the Website, the Website allows:
(a) you to have full access and view contents on the Website;
(b) us to contact you and vice versa, if necessary;
(c) us to inform you of changes to the terms and conditions of use of the Website or describing new services that we enable on the Website; and
(d) you to make use of the Services and other functionality that we may establish and maintain on the Website from time to time, subject to these Terms and Conditions.
By using the Services and completing the registration process, you represent and warrant that:
(a) all the data provided by you is accurate and complete;
(b you shall maintain the accuracy of such information, and any changes thereto by regular updating of any such information;
(c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into, abide by and comply with this Agreement;
(d) you are competent in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws; and
(e) you are entitled to use the Website in compliance with applicable national and international laws. We shall not be liable for any injury, damage or other consequence, arising out of any inaccuracy in the representation provided by you on the Website.
3.1. Pesto grants you permission to use the Services as set forth in this Agreement, provided that:
(a) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without Pesto’s explicit authorisation in this regard;
(b) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and
(c) you will otherwise comply with these Terms and Conditions of this Agreement.
3.2. Upon completing the registration process, you will be provided with a user identification code, password, or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Pesto of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: firstname.lastname@example.org.
3.3. You are responsible for making all arrangements (hardware, software, etc.) necessary for you to have access to our Website and thereby the Services. You are also responsible for ensuring that any persons who access our Website and there by the Services through your account are aware of these Terms and Conditions, and that they comply with them. You are also solely responsible and liable to Pesto for all activities that take place or occur under your account from your devices. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
3.4. Whenever you make use of the Services (or any feature or part of the Services) that allows you to make contact with other users of our Website or Services, or to submit, post, display, provide, upload or otherwise make available content on the Website or Services such as, you must ensure that:
(a) Your contribution must not (“Content Standards”):
3.5. When we consider that a breach of the Content Standards (as stated above) has occurred or these Terms and Conditions have been breached, then we may take any action legally available, including all or any of the following actions:
(a) we may at our discretion take down any such content immediately;
(b) immediate, temporary, or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website;
(c) immediate, temporary, or permanent removal of any other content/contribution already posted on the Website, upon your failure to cure the breach that is brought to your notice;
(d) initiate legal proceedings against you seeking legal, injunctive, or other equitable remedy; and
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
3.6. Upon termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers (other than through remedy available under applicable data protection legislation. All licenses granted to you by Pesto to the Website or the Services will automatically terminate.
4.1. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other users of the Services.
4.3. We have the right to investigate and prosecute for the violations of these Terms and Conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions.
4.4. While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website and providing the Services, to ensure your compliance with these Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. However, we have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
4.5. Subject to the receipt of a complaint from a user, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all content from any Service.
4.6. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
(a) satisfy any applicable law, regulation, legal process or governmental request;
(b) enforce these Terms and Conditions, including investigation of potential violations hereof;
(c) detect, prevent, or otherwise address fraud, security or technical issues;
(d) respond to user support requests; or
(e) protect the rights, property or safety of Pesto, its users and the public.
4.7. Pesto shall not be responsible or liable for the exercise or non-exercise of its rights under these Terms and Conditions in this regard.
4.8. We reserve the right to introduce or change the prices of all Services without notice.
4.9. Pesto shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
5.1. A search using the Services may produce results and links to websites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will result in you receiving information regarding products, merchants, and links to websites of third parties selling the product information requested by you. Pesto hereby disclaims any and all responsibility and liability associated with the same. You acknowledge and agree that Pesto is not liable for any loss or damage which may be incurred by you as a result of the availability of such external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
5.4. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Website or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that, save as set out herein, Pesto shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or the vendors through the Website.
5.5. The Services may provide, or third parties may provide, links to other websites or resources. Given that we have no control over such other websites and resources, you acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
5.6. You agree that your use of the Website and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Pesto shall use all reasonable endeavours to ensure that the Services are uninterrupted, but it does not guarantee or warrant that:
(a) the Services will meet your specific requirements or expectations;
(b) the Services will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Services will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and / or
(e) any errors in the Services will be corrected.
5.7. You agree and acknowledge that the Services offered by us is just a platform for upliftment of your engineering skills by providing you with the right kind of exposure for product development and management from our domain experts and mentors, and nothing contained herein shall be construed as any promise, representation, agreement, guarantee or warranty given by Pesto, and/or by any of its representatives, employees, directors, officers with respect to securing and/or guaranteeing an employment and/or an employment with fixed income for you, pursuant to the completion of the concerned programme for which you have enrolled.
5.8. You acknowledge that you have carefully read these Terms and Conditions and fully understand that they include and incorporate a comprehensive and binding release of liability, by you in respect of Pesto and its employees, directors, officers and any appointed or contract mentors, trainer(s) and/or instructor(s). Under these Terms and Conditions herein, you expressly agree to release and discharge the trainer(s) and/or instructor(s) and/or employees, directors or officers or consultants of Pesto, from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against the trainer(s) and/or instructor(s) (and/or employees, directors or officers of Pesto) for any loss or damage.
5.9. For the avoidance of doubt, to the extent lawfully permitted, the release and waiver set out in this clause E includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
5.10. If any portion of this release from and waiver of liability shall be deemed by a court of competent jurisdiction to be invalid, then you agree that the clauses and provisions of these Terms and Conditions are severable where permitted and that the remainder of this release from and waiver of liability shall remain in full force and effect and the offending provision or provisions shall be severed here from accordingly.
All right, title, and interest in usage of this Website, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
6.`1. All right, title, and interest in usage of this Website, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
6.2. All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Pesto and its licensors. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Pesto.
6.3. Except as expressly provided in these Terms and Conditions, no part of Pesto and no content or marks, data, statistics, independent research conducted and posted by Pesto may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including mirroring to any other computer, server, Website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
6.4. By accepting these Terms and Conditions hereunder you agree that the Pesto does not transfer/assign the title of the Website to you, and nothing in these Terms and Conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Pesto, we retain the full and complete right, title and interest to the Website, and all intellectual property, title and interest to the Website, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website in any manner which is contrary to this Agreement.
6.5. Any usage of Pesto’s contents, without the written authorization of Pesto, shall be considered a breach of this Agreement, and you shall be required to indemnify Pesto for all liability incurred in this regard.
6.6. Subject to these Terms and Conditions, Pesto grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted i.e. posting User Content, using the Website to avail the Services.
6.7. By Posting any User Content on the Website, you expressly grant, and you represent and warrant that you have a right to grant, to Pesto a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under this Agreement. You understand that Pesto, in performing the required technical steps to provide the Services to other users, may:
(a) transmit or distribute your User Content over various public networks and in various media; and
(b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Pesto to take these actions.
6.8. You confirm and warrant to Pesto that you have all the rights, power, and authority necessary to grant the above license.
6.9. You are solely responsible for your contributions to any online forum Pesto may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation, you:
(a) represent to Pesto, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and
(b) grant to Pesto a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
7.1. You can purchase a Program of your choice (“Subscription”) by following instructions on the Website and making the payment applicable for the Subscription you intend to purchase.
7.2. Please read the below terms applicable for the purchase of your Subscription. The below terms are to be read with any other terms communicated to you at the time of purchase of your Subscription:
7.3. Pesto is solely authorized to offer discounts / offers, if any, on the Subscription prices. These discounts / offers are communicated on the Website or via direct communication to you from Pesto via email and can be availed only through the Website, unless otherwise specifically communicated by Pesto. Other than Pesto, no person, including without limitation, Content Providers or any third-party platform, are allowed to offer any discounts on the Subscription prices offered on the Website. Pesto shall not be liable for any claims arising from such unauthorized discounts / offers offered by any person (including any third- party platform or Content Provider), other than Pesto.
7.4. Once the Subscription Fee for online training has been paid for, you agree that such payment is non-refundable.
7.5. You agree not to engage any active Pesto appointed trainer / mentor / instructor or developer hired from Pesto in a private manner following the expiry or termination of Services that you contractually subscribe to, unless otherwise expressly agreed in writing by Pesto.
7.6. It is your responsibility to promptly provide Pesto with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Pesto does not validate all information required by the user's payment provider to secure payment and has partnered with third-party payment gateways to process payments.
8.1. You agree to defend, indemnify and hold harmless Pesto, its officers, directors, shareholders, employees and agents, 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:
8.2. The material displayed on our Website is provided without any guarantees, conditions, or warranties as to its accuracy. Pesto is not liable for:
(a) conditions, warranties, and other terms, which might otherwise be implied by statute, common law, or the law of equity;
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website or in connection with the use, inability to use, or results of the use of the Services or our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
8.3. Without prejudice to the above, our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website to use the Services.
9.1, You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
9.2. Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The Website from which you are linking must comply in all respects with the content standards set out in these Terms and Conditions.
9.3. These linked websites are under no way in control of Pesto and we shall not be held responsible for the contents of any linked websites, including without limitation to any link contained in the linked website or any changes or updates to linked website. We shall not be held responsible for any transmission whatsoever received by you from any linked website. The Website provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information.
9.5. If you wish to make any use of material on our Website other than that set out above, please address your request to email@example.com.
10.1 Pesto shall not be liable for any failure to perform or delay in performance of any of its obligations (other than payment obligations for the Service rendered) under this Agreement due to Force Majeure. For the purpose of this clause, “Force Majeure” shall mean fire, explosion, flood, earthquake, Act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, stoppage of work, aggravated epidemic, aggravated pandemic, failure or diminishment of power or other services not under the control of either of the Parties, governmental or military acts or orders or restrictions, terrorist attack or any such events or circumstances which are wholly outside the control of the party affected thereby.
10.2. Pesto will use all reasonable endeavours to mitigate the effect of Force Majeure. Should an event of Force Majeure continue for a period of longer than forty-five (45) consecutive days and Pesto is still unable to perform its obligation, then Pesto may terminate this Agreement upon notice to you without being liable for any compensations or claims.
10.3. Nothing contained in this agreement should be used as an excuse to delay payment of any dues owed to any Party under this Agreement.
11.1. The jurisdictional court of Delhi, India shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website or the Services. In case you are from a different country, we retain the right to bring proceedings against you for breach of any of these Terms and Conditions in your country of residence, country of use or other relevant country. The laws of Delhi, India govern this Agreement and these Terms and Conditions of use of the Services.
11.2. In case you are a hiring partner based outside of India; laws of Delaware, United States of America shall govern this Agreement and these Terms and Conditions of use of the Services.
11.3. Pesto accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India unless as stated above, the mere fact that Website can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
If you have any questions or complaints about the online training program, other Services, the Website and their contents please contact us at firstname.lastname@example.org.