Effective Date: November 06, 2024

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Last updated: November 06, 2024

 

1. Introduction and Applicability:

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1.1 Overview:

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This policy outlines the terms and conditions under which Learners & Winners Training & Consultancy Private Limited (L&W) provides services to its clients. The policy details the scope of services, limitations of liability, client obligations, and other relevant terms that govern the engagement. By engaging with L&W, clients accept and agree to these terms.

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1.2 Scope of Services:

L&W offers a wide array of services, including but not limited to:
– Training and Development (technical, managerial, behavioral, safety, etc.)
– Consulting and Advisory (corporate strategy, risk management, compliance)
– Auditing and Assessment (safety audits, energy audits, compliance assessments)
– Documentation and Policy Design (emergency response plans, safety procedures, compliance documentation)

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1.3 Jurisdiction and Governing Law:

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This policy is governed by the laws of India and, in specific cases, may be subject to the laws of the client's jurisdiction. All disputes will be resolved in the courts or through arbitration, as described in the policy.

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2. Definitions and Interpretations:

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– Client: Any individual, organization, or entity that has engaged L&W’s services via a contractual Agreement.
– Service: Any professional engagement provided by L&W, including training, consulting, auditing, or assessment services.
– Agreement: A formal, legally binding contract between L&W and the Client detailing the scope of services, responsibilities, and terms.
– Losses: Any monetary or non-monetary loss experienced by either party, including financial loss, damage, claims, legal costs, or reputational harm.
– Jurisdiction: The applicable legal and judicial jurisdiction for the resolution of disputes, which will be specified in the Agreement.

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3. Liability Limitations

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3.1 General Liability Cap:

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L&W’s total liability for any claim, loss, or damage arising from the provision of its services is strictly limited to the amount of professional fees received for the specific service in question. This limit applies regardless of the nature of the claim, whether in contract, tort, negligence, or otherwise.

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3.2 No Liability for Indirect or Consequential Damages:

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L&W disclaims any responsibility for indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, or any other form of financial loss, even if advised of the possibility of such damages.

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3.3 No Warranty or Guarantee on Results:

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L&W does not offer any warranty or guarantee as to the results or outcomes of the services provided. The effectiveness of any training, consultation, or advisory services depends on multiple external and client-specific factors, including implementation, ongoing effort, and adherence to recommendations.

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3.4 Force Majeure:

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L&W shall not be liable for any delay or failure in service delivery arising from conditions beyond its control, including but not limited to acts of God, natural disasters, pandemics, strikes, civil unrest, governmental actions, or any other unforeseeable event.

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4. Service-Specific Limitations and Disclaimers

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4.1 Training Services:

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– L&W offers training sessions to improve knowledge and skills. However, L&W does not guarantee individual performance improvements, certifications, or long-term career advancements resulting from the training. The client is responsible for evaluating the effectiveness of the training internally.
– L&W does not guarantee that the training will meet the specific objectives of the organization or result in measurable improvements unless explicitly stated in the agreement.

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4.2 Consulting and Advisory Services:

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– L&W’s consulting services are based on the information provided by the client and the industry best practices available at the time. While recommendations are made with due diligence, L&W cannot guarantee the success of any strategies, solutions, or business decisions based on those recommendations.
– L&W disclaims liability for any failure to achieve intended outcomes due to changes in market conditions, industry regulations, or failure on the client’s part to implement recommended actions.

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4.3 Auditing Services:

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– Audits conducted by L&W are based on the information available during the audit period. L&W’s audit recommendations are based on the assumption that the client has provided accurate and complete information. L&W is not responsible for issues arising from inaccurate or incomplete data provided by the client.
– L&W is not liable for any post-audit compliance issues resulting from actions taken by the client after the audit is completed.

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4.4 Assessment and Evaluation Services:

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– L&W’s assessments are designed to provide a snapshot based on the information available at the time of the assessment. The company is not liable for any discrepancies, errors, or omissions discovered after the assessment has been completed, unless they were directly related to gross negligence during the evaluation process.
– L&W does not guarantee the accuracy or completeness of any assessments that involve third-party data or factors outside of L&W’s direct control.

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4.5 Documentation Services:

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– L&W’s documentation services, including policy designs and emergency response plans, are created based on the client’s provided information and relevant industry standards. However, it is the client’s responsibility to ensure compliance with evolving regulations and to update documents as needed.
– L&W is not responsible for any legal or operational consequences resulting from the use of these documents, unless L&W has been engaged for continuous monitoring and updates.

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5. Client Responsibilities

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5.1 Provision of Accurate Information:

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The client is responsible for providing accurate, complete, and timely information necessary for the proper execution of L&W’s services. L&W is not liable for any inaccuracies or omissions in the services that result from incomplete or incorrect information provided by the client.

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5.2 Implementation of Recommendations:

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While L&W provides guidance and recommendations, the client is solely responsible for implementing those recommendations. L&W cannot be held accountable for any operational, financial, or legal issues arising from the client’s failure to implement the recommendations or the client’s alternative decisions.

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5.3 Compliance with Laws and Regulations:

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The client is responsible for ensuring compliance with all relevant local, state, national, and international laws, including industry-specific regulations. L&W disclaims liability for non-compliance by the client, even if the company has provided guidance or support on compliance-related matters.

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5.4 Staff and Management Cooperation:

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The client must ensure that relevant staff and management are available and cooperative during the engagement. Failure to provide necessary access, cooperation, or resources may delay the delivery of services, and L&W will not be liable for any such delays.

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6. Confidentiality and Data Protection

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6.1 Confidentiality Obligations:

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L&W agrees to maintain the confidentiality of all confidential and proprietary information shared by the client. This obligation extends beyond the termination of any specific engagement.

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6.2 Data Handling and Security:

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L&W takes reasonable precautions to protect client data, including implementing encryption for sensitive data. However, L&W is not liable for any data breaches or security incidents unless they arise from gross negligence on the part of L&W.

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6.3 Third-Party Data:

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L&W is not responsible for the protection or handling of any third-party data provided by the client unless such data is specifically covered under the terms of an agreement.

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7. Insurance and Risk Management

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7.1 Client Insurance:

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The client is responsible for obtaining any necessary insurance coverage for risks associated with the activities being performed. L&W does not carry liability insurance for service-related claims unless explicitly stated in the engagement agreement.

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7.2 Risk Management:

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L&W provides risk management services and advice but is not responsible for the implementation of the risk management plan. The client must implement and monitor the risk management processes to mitigate potential risks.

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8. Indemnification

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8.1 Indemnification by Client:

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The client agrees to indemnify, defend, and hold L&W harmless against any claims, losses, damages, or expenses arising out of the client’s use of L&W’s services, including claims arising from the client’s non-compliance, misuse, or failure to implement recommendations.

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8.2 Indemnification by L&W:

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L&W agrees to indemnify the client against any claims, losses, damages, or expenses directly caused by L&W’s own negligence or willful misconduct during the provision of services.

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9. Termination of Engagement

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9.1 Termination Rights:

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Either party may terminate the engagement at any time with written notice. In the case of early termination, the client will be responsible for payment for services rendered up to the date of termination.

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9.2 Termination for Cause:

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Either party may terminate the engagement if the other party fails to perform its obligations as outlined in the agreement and does not remedy the failure within a reasonable time frame.

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10. Governing Law, Dispute Resolution, and Arbitration

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10.1 Jurisdiction for Indian Clients:

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For clients based in India, the terms of this policy and any disputes arising thereunder shall be governed by Indian law. Any disputes will be resolved in the courts of India.

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10.2 International Clients:

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For international clients, any disputes will be resolved through arbitration in a mutually agreed location, with English as the language of arbitration. The rules of the International Chamber of Commerce (ICC) or a similar recognized body will apply.

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11. Amendment and Revision of Policy

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11.1 Right to Modify:

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L&W reserves the right to amend or update this Liability Policy at any time, with or without prior notice. Clients will be notified of significant changes, and the revised policy will apply to future engagements.

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12. Miscellaneous

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12.1 No Partnership or Agency:

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This policy does not create a partnership, joint venture, or agency relationship between L&W and the client. L&W operates as an independent contractor.

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12.2 Entire Agreement:

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This Liability Policy, along with any associated agreements, constitutes the entire agreement between the client and L&W and supersedes all prior discussions, agreements, and understandings.

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13. Acceptance of Terms

 

By engaging L&W’s services, the client acknowledges and accepts the terms of this Liability Policy.

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14. Contact Us
 

If you have any questions about our Liability Policy, please contact us.