Please read the following Terms of Use carefully. These Terms of Use govern your access to the assessment, the Program made available by Resiliency Program and use of the website www.resiliencyprogram.in and www.resiliencyprogram.com (“Site/Website”), owned by Resiliency Program (India) Pvt Ltd or its representatives, affiliates, officers, directors, assignees, principle or parent company (collectively, “we”, “us”, or “our”). Please note that the following terms and conditions as mentioned hereinbelow form a valid contract when you accept the same by clicking – I ACCEPT between you and us.

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING ANY DISPUTE BETWEEN YOU AND RESILIENCY PROGRAM, TO BE RESOLVED BY A FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND FORGO ANY AND ALL OTHER TYPES OF COURT PROCEEDINGS. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT.

ANY DISPUTE OR DIFFERENCE WHATSOEVER ARISING BETWEEN THE PARTIES OUT OF OR RELATING TO THE CONSTRUCTION, MEANING, SCOPE, OPERATION OR EFFECT OF THIS CONTRACT OR THE VALIDITY OR THE BREACH THEROF SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE RULES OF DOMESTIC COMMERCIAL ARBITRATION OF THE INDIAN COUNCIL OF ARBITRATION (ICA) AND THE AWARD MADE IN PURSUANCE THEREOF SHALL BE BINDING ON THE PARTIES. ANY DISPUTES SHALL BE REFERRED TO A SOLE ARBITRATOR APPOINTED BY ICA AND THE SEAT OF ARBITRATION SHALL BE NEW DELHI.

Important Notice – This is a Binding Contract

By continuing to use the Website and/or proceed with the assessment, you are agreeing to these Terms of Use. If you don’t agree with any of these Terms of Use including the Privacy Policy, you must not use the Website or proceed with the assessment and not provide us with any other Personal Information. “User Content” refers to the content added and provided by you on the Website of Resiliency Program during the process of signing up, registration, and while filing the assessment in the next step.

  1. ABOUT US –
    Resiliency Program product/service is an integrated set of online tools that allow individuals through its assessment (‘hereinafter referred to as “Assessment”) to assess their or their organization level of resilience, create an action plan to increase resilience, and monitor their progress increasing their resilience over time. Resiliency Program is offered directly to end-users (hereinafter referred to as “you” or “User(s)”) as well as being offered as an adjunct to corporate benefits (each, a “Program”) through employers, sponsors, or their respective designees (“Subscriber”) who enter into a contract with the RP for subscription of the Program. Resiliency Program collects and processes data about the individuals. We are a web-based SaaS solution to measure and reduce workplace burnout to drive powerful growth results and a culture of well-being and adaptive thinking. We are registered in India and have our registered office at BM – 52, WEST BLOCK, SHALIMAR BAGH, NEW DELHI – 110088
  2. USER RESPONSIBILITY –
    When you provide Personal Information (as described more specifically under clause 3, hereinbelow) e-mail or otherwise make available User Content on or to the Site, you are entirely responsible for such User Content. Such User Content constitutes a submission by you, and this means that you are entirely responsible for all User Content that you provide. It is agreed by you that you have submitted and provided such information willingly, without any coercion and/ or undue influence. You agree to provide us with true, accurate and complete information about yourself in the Assessment and/ or at the time of registration as a User.
  3. PERSONAL INFORMATION –
    Personal Information is defined as information that can identify the individual User and that information which is submitted by you while filling out the Assessment in regard to the assessment of burnout. Further this information is that which you provide or make available through or in connection with the Website or the Program, including when you register, which required you to create an account and provide contact information such as your name, email address, date of birth, country, experience, part time or full time employee, time period of working with the employer and mobile number, provided to or collected by us through or in connection with the Website or the Program and all the information provided while filling up the Assessment. You are responsible for maintaining the confidentiality of your account and password and to ensure that no one else uses the same. You may not register for more than one account.
  4. NO MEDICAL CARE OF ADVICE –
    Resiliency Program is not a healthcare provider, or a medical organization and we cannot give you medical advice or diagnosis care, services, treatment or supplies related to the health of an individual. Nothing contained in this Website or provided or made available in connection with any services, should be construed as such medical advice or diagnosis care, services, treatment or supplies related to the health of an individual. The information presented and generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any medical condition.
  5. NOT FOR EMERGENCIES –
    Our website and the services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our website. You should seek emergency help or follow up care when recommended by a doctor or when otherwise needed. You should continue to consult with your primary doctor and other healthcare professionals as recommended. Always seek the advice of a doctor or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or your diet plan.
  6. RESTRICTIONS ON THE USE OF THE PROGRAM –
    Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use the Program/Website and the material provided therein for your personal and non-commercial use, provided that you comply fully with the provisions of these Terms of Use. You acknowledge that the Program/Website contains information, software, and questions (collectively, “Content”) that are protected by copyrights, systems, processes and codes that may be protected patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You clearly acknowledge the ownership and rights in the Content to us. When the Content is available to you, you do not obtain any ownership in such Content acknowledge that you shall not use it directly or indirectly for any commercial purpose.
  7. PRIVACY POLICY –
    Resiliency Program respects the privacy of its users. Please refer to our Privacy Policy available at WWW.RESILIENCYPROGRAM.COM which explains how we collect, use, and disclose information that pertains to your privacy. By accessing or using this Website or the Program, you agree to the Privacy Policy, including your acknowledgment of the provisions of the Privacy Policy and as required, your consent to the collection, provision, use, transfer, storage and disclosure or other processing of your personal information on the terms set forth in the Privacy Policy.
  8. ABOUT THE SERVICES –
    The service provides assessment of your burn out levels while working during your employment with your employer/ Subscriber and also provides you suggestions and with further plans for improving your burnout levels. The service includes suggestions like food and diet plans, exercise videos, crucial supplements, practice of good habits, mindfulness training etc. You are urged, advised, and required to seek the advice of your physician before following any of these suggestions, more specifically described in the Disclaimers mentioned at the respective sections.
  9. LIMITED LICENSE –
    All Content is copyrighted under the copyright laws. Resiliency Program LLC (USA) owns copyright in the selection, coordination, arrangement, and enhancement of the Content, owns all other intellectual property rights and we are permitted users through a valid and subsisting license. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. You may use the Website subject to all of the following: (a) the Website may be used solely for your personal and non-commercial purposes; (b) you may not modify, translate or create derivative works of the Website and the Program; and (c) the Program and assessment may not be shared, rented, leased, loaned, transferred, sublicensed, assigned, copied, redistributed to any or be used for any purpose than its own use.
  10. MODIFICATION TO SERVICES PROVIDED –
    You acknowledge and agree that we may, with or without notice, modify these Terms of Use, Program, Contents, services and/or the Site to keep up with current rules and regulations and our offerings and protocols. We will notify you of changes we make by posting a notice on our Site and update the Terms of Use modification date, or, if we choose, by sending you an email on the address we have on file for your account. If you do not accept the changes, you can opt not to proceed with the assessment, but you cannot terminate your subscription in case you are enrolled by your Subscriber. Your use of the Site and/or the products or services offered after the notice is posted (or after we send you the email) shall be deemed to be acceptance of the modification of the services or these Terms of Use.
  11. REGISTRATION AND PASSWORD –
    You will provide current, complete, accurate information in the registration section of the Site. You will further update and keep that information current and updated as far as possible. You will be sent a Welcome email, wherein you will be required to set a and password in order to access the services and your account only after verifying your mobile number through an OTP (One Time Password) or authorization code that you shall receive. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorized account activity, or any unauthorized use of your email or User account or any other breach of security you become aware of.
  12. USER RESTRICTIONS –
    You agree that you will not under any circumstances:

    1. Access the services and the Program for any reason other than your personal, non-commercial use.
    2. Use the Site or the Program for the solicitation of business in the course of trade or in connection with a commercial enterprise.
    3. Distribute any part or parts of the Site or the Program without our explicit written permission.
    4. Use the Program for any unlawful purpose or for the promotion of illegal activities.
    5. Use another user’s account without permission.
    6. Intentionally allow another user to access your account.
    7. Violate directly or indirectly, any of Intellectual Property Rights granted owner of which is Resiliency Program LLC (USA) and we are permitted users by way of a valid and subsisting license.
    8. Provide false or inaccurate information when registering an account.
    9. Interfere or attempt to interfere with the proper functioning of the Website.
    10. Conduct any criminal activity as under any law for the time being in force on the Website or commit the acts of unauthorized usage, hacking or tampering with Computer data on the Website.
  13. INTELLECTUAL PROPERTY RIGHTS –
    All intellectual property rights belong to Resiliency Program LLC, USA and Resiliency Program (India) Pvt Ltd is a permitted user by way of a valid and subsisting license to use the same. You acknowledge and agree that Resiliency Program LLC (USA) is the owner of all intellectual property rights including copyright, trademark, patents, trade secrets and that we are permitted users by way of a valid and subsisting license to use. You acknowledge specifically to the following:

    1. Our website contains copyrighted material; trademarks and other proprietary information including text, software, photos, graphics, and the entire Content of our Website are copyrighted as a collective work under copyright laws. Resiliency Program LLC, USA is the owner of such copyrights and Resiliency Program (India) Pvt Ltd is a permitted user by way of a valid and subsisting license to use the same.
    2. Our website contains copyrighted material; trademarks and other proprietary information including text, software, photos, graphics, and the entire Content of our Website are copyrighted as a collective work under copyright laws. Resiliency Program LLC, USA is the owner of such copyrights and Resiliency Program (India) Pvt Ltd is a permitted user by way of a valid and subsisting license to use the same.
    3. We (resiliencyprogram.us and resiliencyprogram.in) own copyright in the selection, coordination, arrangement, and enhancement of such Content, which is created by us and is original. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, modify, adapt, publish, display or commercially exploit any material from the Content or Website without our express permission.
    4. All intellectual property including our trademark, wordmark and logo “Resiliency” are the sole and exclusive property belonging to Resiliency Program LLC, USA and Resiliency Program (India) Pvt Ltd is a permitted user by way of a valid and subsisting license to use the same. Any passing off or infringement of any intellectual property including designs, copyrights, and/or trademarks shall attract legal action.
    5. The copyright in the Contents is owned by Resiliency Program LLC, USA and Resiliency Program (India) Pvt Ltd is a permitted user by way of a valid and subsisting license to use the same. All rights are reserved. You are responsible for obeying all applicable copyright laws.
    6. Developing this Website involved significant investments. The Website and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. No use, reproduction, or representation of the Website (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized.
    7. We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by Indian and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Content. Any reproduction, representation, modification, or distribution of the Website/ shall be prohibited and shall attract legal consequences by way of injunction and damages. By using the Content and Assessment you agree to use them in accordance with these Terms of Use.
    8. Third-party Intellectual Property rights – We do not claim any intellectual property rights to any third-party rights holders including Amazon or any other third party products that we may have links to for example any nutritional supplements we recommend etc.
  14. STORAGE –
    You acknowledge that RP may establish general practices and limits concerning use of the Website and the Program, including without limitation the maximum period of time that data or other content to be retained by the Website will be 90 days from the expiration/termination of annual subscription with the Subscriber and the maximum storage space that will be allotted on RP’s servers on your behalf. Data once destroyed cannot be reproduced after 45 days of data log retention policy. You acknowledge that RP reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that RP reserves the right to change these practices and limits at any time, in its sole discretion, with or without notice.
  15. MOBILE SERVICES –
    The Website and Program include certain services that are available via a mobile device, including (i) the ability to browse the Website from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Website and/or the Program through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you regarding RP by text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you must promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
  16. ACCURACY OF INFORMATION –
    Although we attempt to ensure the accuracy of the Website, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website and Content thereon. It is possible that the Website could include typographical errors, inaccuracies, or other errors. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Website without notice. Information contained on the Website may be changed or updated without notice.
  17. INDEMNIFICATION –
    You unconditionally and irrevocably indemnify and holds harmless us and our successors, employees, officers, suppliers, contractors, agents, consultants, directors, doctors, assignees, and shareholders against all and any losses, claims, proceedings, actions, damages, (direct, consequential, or otherwise), liability, demands, expenses, legal costs (on an attorney and own client basis), medical costs or other costs howsoever arising out of, based upon, or in connection with (directly or indirectly) the products and services offered as under these Terms of Use.
  18. COMMUNICATIONS IN ELECTRONIC FORM –
    For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, notices, Privacy Policy, Disclaimers, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
  19. TERMINATION/ CANCELLATION OF SUBSCRIPTION –
    1. You may not terminate this contract if you are enrolled by your Subscriber. Termination of this contract can be done by a Registered User who has enrolled for the Program himself/herself by contacting us at [email protected]
    2. We may terminate your use of the Program and services as a result of your fraud or breach of any obligation under these Terms of Use and/or Privacy Policy. Such termination may be immediate and without notice and binding as under law.
  20. LIMITATION OF LIABILITY –
    To the fullest extent permissible under applicable law, we and our officers, directors, employees, contractors, and agents are not liable for any direct, incidental, consequential, special, indirect, punitive, or similar damages arising out of, or resulting from, these Terms of Use, including, without limitation, damages for harm to business, loss of profits, lost savings, or lost revenues.If you are a user, please note that we only provide our site for private use and non-commercial use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business or loss of opportunity.We will not be liable for any loss or damage caused by a virus or any harmful technology that may infect your computer device, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.We assume no responsibility for the content of third-party websites linked on our site. Such links should not be interpreted as endorsed by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  21. DISCLAIMER OF WARRANTIES –
    Any and all products, services, offerings, content and materials on this website are provided “as is” and without warranties of any kind, either express or implied. None of RP, our affiliates, and our or their respective licensors, licensees, service providers, assignees, parent, parent company, suppliers, or agents warrant that this Website, its services, the Program and or any function contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website, the services or the servers that make this Website available are free of viruses or other harmful components. Any product, services, offering and/or content downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download/use of any such product, services, offering and/or content. None of RP, our affiliates, and our assignees, parent company, respective licensors, licensees, service providers, suppliers, or agents warrant or make any representations regarding the use or the results from the use of the Website, its services, the Program or the products, services, offerings, content and materials in terms of their correctness, accuracy, reliability, or otherwise.
  22. THIRD PARTY LINKS –
    These Terms of Use apply only to this Website, and not to the websites of any other person or entity. We may provide third party links. You acknowledge and agree that we are not responsible for the availability of products on such external sites 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, under no circumstances, will we be held responsible or liable, directly or indirectly, for any losses caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website. You should direct any concerns with respect to any other website to that website itself.
  23. SEVERABILITY –
    If any provision of these terms is declared invalid or unenforceable by the Arbitration Tribunal, such provision shall be deemed modified to the least extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
  24. ASSIGNMENT –
    You may not assign your rights and obligations under these Terms of Use, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under these Terms of Use, in whole or in part, with written notice to you.
  25. DISPUTE RESOLUTION –
    We will try to work in good faith to resolve any issue you have with the Website and the Program, including products and services offered on the Website, if you bring that issue to the attention of our customer service department at [email protected] However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. Any dispute or difference whatsoever arising between the parties out of or relating to these Terms of Use and the Program meaning, scope, operation or effect of it or its validity shall be settled by Arbitration in accordance with the rules of Domestic Commercial Arbitration of the Indian council of Arbitration and the award made in pursuance thereof shall be binding on the parties. All disputes shall be referred to a sole arbitrator appointed by the Indian Council of Arbitration (ICA) and the said Arbitration shall be New Delhi. This clause shall survive termination of these Terms of Use any other contractual relationship between you and RP.
  26. GOVERNING LAW –
    These terms shall be governed by the laws of India and the Parties agree to subject themselves to the exclusive jurisdiction of the courts at New Delhi.
  27. CONTACT US –
    For any queries contact us at [email protected].