Welcome to Catalyyze, a website located at www.catalyyze.com (the “Site”) and operated by Catalyze Discovery Services Private Limited (“Catalyyze”, “Catalyze”, “us”, “our”, and “we”). Catalyyze provides the Site and services provided through the Site (“Services”) including connecting individuals with coaching services.

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You may not access or use the Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.

Changes to agreement.

This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Content

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without our prior written consent.

Trademark

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Usage

Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

The user, you and your

Refer to the person, company, or organization (including any employee of such company or organization) that has visited or is using the Site and/or the Service. A User may be a Client User, Coach, both or none.

Coach

Refers to users of the Site, whether an individual or business who offer to provide coaching services to Client Users. Coaches are not our employees or agents.

Client

Refers to users of the Site, whether an individual or business who requests and/or purchases services from a Coach.

Catalyyze is an online platform for collaboration and communication between coaching professionals and Users seeking coaching services. The Catalyyze Service provides access to Catalyyze’s virtual community of professional Coaches. Catalyyze selects qualified Coaches, introduces Client Users to Coaches and makes the Site Services available to enable online payment and facilitation of Coaching Services. Catalyyze does not direct, has no control over, makes no representations, and does not guarantee the quality of Coaching Services or the ability of Coaches to deliver Coaching Services satisfactory to Client Users. The coaching relationship exists exclusively between Client and Coach and the Client pays the Coach for Coaching Services.

Catalyyze offers a platform to connect Clients and Coaches for coaching services only. Catalyyze does not offer mental health psychotherapy or any other type of state-regulated mental health services. Although a Coach may be licensed to practice mental health counseling or psychology, the Coach is not doing so through Catalyyze.

Catalyyze is not a party to contracts

Coaches are not the employees or agents of Catalyyze. Catalyyze is not involved in agreements between Users or in the representation of Users. At no point may Catalyyze be held liable for the actions or omissions of any Coach performing coaching services for you.

Catalyyze does not guarantee results

Catalyyze takes pride in our process to make high quality Coaches available to our Client Users. While we make reasonable efforts to vet the coaches that use our platform, we cannot guarantee the fitness of any of our Coaches for your specific needs or guarantee the quality, accuracy, and timeliness of any coaching services provided to you. Catalyyze does not sanction statements a Coach may post on the system. We encourage Client Users to research any Coach before accepting professional advice.

Reviews

From time to time, Clients may submit reviews of Coaches; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. Catalyyze will have no responsibility or liability of any kind for any User-Generated Content or advice you encounter on or through the Website, and any use or reliance on User-Generated Content or advice is solely at your own risk. Clients are prohibited from submitting false or misleading reviews that were not based on the Client’s actual experience with a Coach.

Account creation

In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that:
(a) All required registration information you submit is truthful and accurate;
(b) You will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in the Services. We may suspend or terminate your Account in accordance with the Terms and Termination.

Account responsibilities

You are responsible for:
(a) Providing true, accurate, current and complete information about yourself as prompted by the Service’s registration form; and
(b) Maintaining and promptly updating any and all such information so it remains true, accurate, and complete at all times. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Coaches are independent professionals who offer to perform coaching services for prospective Clients/Client Employees. They are not employees of Catalyyze.

Coach responsibilities

Coaches are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Website, including without limitation User Content, and any communications they may have with prospective clients through the Website or the Service, fully comply with all applicable laws.

All fees are paid to coaches

Catalyyze does neither provide nor charge for coaching related services. Catalyyze merely facilitates the collection of payment to Coaches. Catalyyze may charge a subscription fee in exchange for the services Catalyyze provides to its coaches. Coaches will be notified of any changes in the subscription fee.

Payment process

Payment will be processed for the services upon purchasing said services. Catalyyze will have the right to charge the User's credit card, bank account, razorpay or PayPal account for the full amount of the agreed-upon fee, in addition to Catalyyze’s processing fee, if any. All payments are processed through Catalyyze’s platform in order to secure the transaction and facilitate dispute resolution procedures.

Payment information; taxes

All information that User provides in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. User agrees to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. User will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Responsibility for payment

User is responsible for all fees, including taxes, associated with your use of the Service. You are responsible for providing us with a valid means of payment. User must keep current payment information on file with Catalyyze and Client User’s account must be adequately funded to pay for any services rendered.

Payment authorization

By agreeing to these terms, User is giving Catalyyze permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize Catalyyze to satisfy.

Processing fee authorization

An applicable processing fee may be applied to payments to Coaches prior to deposit in their bank account. By agreeing to these terms, Client User acknowledges that you are fully aware that it is part of the transaction between yourself and the Coach.

Notification of payment

Catalyyze will email User a receipt when your card has been charged. If User’s card cannot be charged, your access to Services may be suspended and you will need to update your card information in order to resume use.

We constantly strive to improve our services and these terms for both our Client Users and Coaches. While, at this time, Users may not be entitled to a refund for some of our services, we encourage our Users to inform us of any issue you may have with the Service or any of the Coaches so we can consider implementing fair and balanced policies for all of our Users.

From time to time, we may tie up with different organizations to offer discount coupons or discount vouchers to our users. These organizations are our “marketing affiliates”. Catalyyze is giving these discount vouchers or discount coupons in good faith and does not take any responsibility for the actual authenticity of these discount coupons or discount vouchers to anyone including all its users. Catalyyze reserves full right to give these discount coupons or discount vouchers to whomsoever it deems fit at its sole discretion. Catalyyze can invalidate the discount coupons or discount vouchers at its sole discretion without giving any reason or prior notice.

These discount coupons and vouchers are only to be used as per the terms & conditions set forth by our marketing affiliates. Catalyyze takes no responsibility of any changes in terms & conditions set forth by marketing affiliates.

We expend tremendous resources to provide our platform and services, to connect Client and Coaches. You are prohibited from making side-agreements or engaging in activities that can be deemed competitive to Catalyyze with any user outside of our platform.

At all times during your use of our platform and for a period of two years thereafter, once introduced to a User on our platform, you are prohibited from entering into any business transactions or agreements with any User outside of our Platform for coaching services that are being provided on our Platform. All communications between Coach and Client concerning the coaching services must be made on our Platform. Users are prohibited from communicating off our Platform for the coaching services being rendered on the Platform.

Clients/Enterprise Clients agree not to make direct payments to any Coach and Coaches agree not to accept any direct payments for the services provided to Clients. We will terminate a User’s access to and use of the Site if such User is found to be making or accepting payment outside the Service to any User found through the Service.

Referrals

At all times during your use of our platform and for a period of one year thereafter, if a Coach receives a referral from a Client User that Coach met on our Platform, the Coach agrees to transact the relationship and all financial transactions with that referral Client on Catalyyze’s Platform.

Clients

At all times during your use of our platform and for a period of two years thereafter, if a Coach provides coaching services to the clients they met on our Platform, the Coach agrees to perform all financial transactions with that Client on Catalyyze’s Platform.

Remedies for violation of this section

You recognize and agree that any violation of the disintermediation provisions set forth above, either during the term or for two years after the termination of this Agreement, will cause irreparable harm to Company. In the event that you violate or threaten to violate any of these provisions, at any time during this Agreement or after, Company will have the right to enforce these terms by means of injunctive relief, in addition to money damages and other available legal remedy. You agree to pay Catalyyze’s the cost of pursuing judicial enforcement of this Agreement, including attorney’s fees and costs. Violation of these terms will result in immediate termination of Coaches account on the Platform.

License to use site

We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.

Certain restrictions

We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal useThe rights granted to you in this Agreement are subject to the following restrictions:
(a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
(b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;
(c) you will not access the Services in order to build a similar or competitive service; and
(d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.

Modification

We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in Section 9.

No support or maintenance

You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.

Ownership of the services

Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.

User content

“User Content” means any and all information and content that a user submits to or posts on:
(a) the Services and
(b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
- You will abide by our Acceptable Use Policy below; and
- You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

License

You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable use policy

Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s ser or computer.

Violation of our acceptable use policy

Catalyyze may take any action it deems necessary, in it’s sole discretion, against a User who violates our policies or otherwise causes harm to Catalyyze or another using, including, but not limited to, terminating a User’s account or assessing a fine against a User.

Feedback

If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Indemnity

You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of
(a) your use of the Services,
(b) your User Content,
(c) your violation of this Agreement; or
(d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You expressly acknowledge and agree that, to the extent permitted by law, your use of catalyyze is at your own risk and that the entire risk as to satisfaction, quality, performance, accuracy, and effort is with you.

The services, including the site, are provided “as-is” and “as available” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the services:
(a) will meet your requirements;
(b) will be available on an uninterrupted, timely, secure, or error-free basis;
(c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe or
(d) that the services will be to your satisfaction.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

In no event will we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the services, even if we have been advised of the possibility of such damages. Access to, and use of, the services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.

In no event will catalyyze’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amounts you’ve paid catalyyze in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may
(a) suspend your rights to use the Site and/or Services (including your Account) or
(b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.

Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and catalyyze have against each other are resolved. You and Catalyyze agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Choice of law

This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Haryana, India without giving effect to any principles that provide for the application of the law of another jurisdiction.

Claim limitations

You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Forum

Each User consents to submit any dispute, claim or controversy arising between such User and Catalyyze to the court of appropriate jurisdiction sitting in Gurgaon, Haryana. In using the Services and agreeing to this Agreement, you hereby consent to and irrevocably waive any objections to such forum on the basis of venue or forum non conveniens, to the maximum extent permitted by law.