No Solicitation Policy
Effective Date: December 09, 2024
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Last Updated: December 09, 2024
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Purpose
This policy outlines the rules and expectations for stakeholders engaging with Learners & Winners Training & Consultancy Private Limited ("Learners & Winners") to protect the company's professional environment, business interests, and intellectual property. It also ensures a consistent and respectful interaction between Learners & Winners and its stakeholders.
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Acknowledgement
By engaging the services of Learners & Winners, all stakeholders acknowledge that they have read, understood, and agreed to comply with this policy. Acceptance of this policy is a precondition for any engagement with the company.
Scope
This policy applies to:
1. Employees, Contractors, and Consultants:
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All individuals working directly or indirectly with Learners & Winners on a full-time, part-time, or contractual basis.
2. Vendors, Clients, and Third Parties:
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Any entities or individuals conducting business with or through Learners & Winners.
3. Engagement Locations:
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All on-site and remote project locations worldwide, including Learners & Winners’ facilities and virtual interaction platforms.
4. Event and Program Participants:
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Attendees and participants involved in training sessions, workshops, seminars, and other programs hosted by Learners & Winners.
Policy Provisions
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1. Prohibition of Unauthorized Solicitation
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Prohibited Activities:
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Soliciting Learners & Winners’ employees, trainees, or stakeholders for non-business purposes, such as personal recruitment or external business opportunities.
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Using company resources for personal or third-party solicitation without prior written consent.
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Permitted Activities:
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Solicitation related to approved business, training, or program activities that align with Learners & Winners’ objectives.
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2. Engagement of Faculties, Trainers, Experts, Auditors, Assessors, and Consultants
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Contractual Engagement:
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Engagements are formalized through contracts detailing roles, project scope, timelines, compensation, confidentiality, and non-compete clauses.
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Post-Engagement Restrictions:
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Vendors, clients, or stakeholders are prohibited from engaging Learners & Winners’ faculty, trainers, or representatives for direct employment or consultancy for 12 months following the termination of engagement unless written consent is obtained.
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Non-Solicitation Clause:
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​Any attempts to bypass Learners & Winners’ services to directly recruit or contract personnel will be considered a breach of this policy and subject to penalties.
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3. Confidentiality and Intellectual Property
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Confidential Information:
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All stakeholders must adhere to confidentiality agreements and safeguard proprietary information, ensuring it is not disclosed to unauthorized parties.
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Intellectual Property Rights:
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Intellectual property created during engagements belongs to Learners & Winners, except where explicitly stated in contracts. This includes methodologies, training content, and proprietary tools.
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4. Monitoring and Compliance
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Compliance Monitoring:
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Learners & Winners reserves the right to monitor adherence to this policy through audits and other compliance measures.
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Penalties for Violations:
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Any breaches may lead to contract termination, legal action, and financial liabilities.
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Amendments and Updates:
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This policy will be reviewed periodically and updated as necessary. Stakeholders will be informed of any significant changes.
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5. Reporting Violations
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Confidential Reporting:
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Stakeholders are encouraged to report policy violations to the HR department or designated compliance officer. Reports will be handled discreetly and with thorough investigation.
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Protection Against Retaliation:
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Learners & Winners ensures that any stakeholder who reports a violation will not face retaliation or adverse consequences.
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6. General Conduct and Ethical Standards
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Professionalism:
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Stakeholders must maintain professionalism in all interactions and uphold Learners & Winners’ values of respect, integrity, and transparency.
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Respect for Policies:
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All engagements and interactions must align with Learners & Winners’ policies, as well as local laws and regulations governing business conduct.
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7. Non-Compete and Non-Disclosure Obligations
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Non-Compete:
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During and for a period of 12 months post-engagement, stakeholders may not engage in competitive activities directly impacting Learners & Winners without consent.
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Non-Disclosure:
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All confidential information shared during engagements must remain private and used solely for the purpose it was provided.
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8. Legal Framework and Jurisdiction
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Applicable Law:
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This policy will be governed by the laws of the jurisdiction where Learners & Winners is registered, and any disputes will be resolved in the appropriate courts of that jurisdiction.
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Dispute Resolution:
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Efforts will be made to resolve disputes amicably; unresolved disputes will be subject to mediation or arbitration as outlined in the engagement contracts.
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9. Indemnity Clause
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Stakeholders must indemnify Learners & Winners against any claims, damages, or expenses arising from violations of this policy or unauthorized use of Learners & Winners’ intellectual property.
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10. Data Protection and Privacy
Adherence to Policies:
Learners & Winners strictly complies with its policies on data capture, storage, and usage, as well as privacy and liability, ensuring all stakeholder interactions align with these guidelines. Key highlights include:
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Data Capture and Usage: Data is collected only for specified purposes, stored securely, and accessed exclusively by authorized personnel. Misuse or unauthorized sharing is strictly prohibited. (Learn more)
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Privacy Protection: Personal and business data are managed transparently, adhering to applicable laws to maintain confidentiality. (Learn more)
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Liability Policy: Learners & Winners limits liability for any loss or damage stemming from data mismanagement, misuse of services, or stakeholder non-compliance with policy. (Learn more)
11. Review and Feedback
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The policy will be reviewed as and when required to incorporate feedback from stakeholders and adapt to any regulatory changes or business needs.
12. Contact Us
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Don't hesitate to contact us here if you have any questions or concerns about this No Solicitation Policy.
Engagement with Learners & Winners signifies that all stakeholders agree to the terms set out in this policy. Non-compliance will lead to corrective actions, which may include termination of engagement, financial liabilities, or legal repercussions.