Terms of Use & Service

No Statutory, Legal, or Financial Warranties: The Client acknowledges that the evaluations, WCI scores, compliance matrices, heatmaps, and action reports generated by WOW are diagnostic and advisory in nature. They represent analytical expert opinions based on data patterns and do not constitute statutory audits, formal legal advice, or binding financial or investment opinions. The Client remains solely responsible for seeking qualified legal counsel before altering employment frameworks or policy designs.

No Guarantee of Organizational Outcomes: While the Services aim to reduce corporate vulnerabilities and improvement in work culture, ShikharPe Private Limited or WOW makes no express or implied warranty that the implementation of recommended action points will guarantee lower attrition, absolute prevention of internal operational crises, compliance immunity from labor tribunals, or financial growth.

Change of Scope (Scope Creep Protection): The specific deliverables, timeline, and audit sample size for any advisory or diagnostic cycle shall be bound by an explicit Statement of Work (SOW). Any request by the Client for additional assessment parameters, out-of-scope training modules, or extended reporting revisions after project commencement shall be subject to supplementary billing at ShikharPe’s prevailing professional hourly rates and will require a written amendment.

Veracity of Submitted Data: The efficacy of WOW's diagnostics depends entirely on the accuracy, good faith, and completeness of the operational documents, policy document copies, Employee response to the online questionnaires and structural data uploaded or stated by the Client. ShikharPe Private Limited is under no statutory obligation to independently verify the authenticity of the Client’s internal corporate documentation.

Data Falsification Consequences: If the Client is found to have submitted intentionally fraudulent policy data, forged compliance certificates, or manipulated payroll inputs to artificially inflate their WCI score, ShikharPe reserves the absolute right to terminate the contract immediately, withhold all reporting deliverables, and retain any accrued fees as liquidated damages.

Ownership of Intellectual Badges: The "WOW Certified Workplace" name, marks, ratings (e.g., "WOW AA"), and logos/seals are the exclusive, proprietary intellectual property of ShikharPe Private Limited. Active certified clients are granted a revocable, non-exclusive, non-transferable, limited license to feature the certification badge solely during the validation tenure specified in the SOW.

Unilateral Revocation Framework: ShikharPe retains the unilateral right to suspend, downgrade, or revoke the Client's certification status without prior refund of any fees if:

1. The Client is found by a court or administrative tribunal to have violated central or state labor regulations, POSH mandates, or structural ESG statutes.
2. The Client undergoes a severe, public corporate scandal or leadership crisis that directly contradicts the ethos of the certification.
3. The Client is found to have coerced, tracked, or intimidated employee respondents during the survey diagnostic phase.

Non-Disclosure of Raw Data Analytics: To protect the psychological safety of the workforce and preserve the scientific validity of the diagnostics, ShikharPe Private Limited guarantees absolute, unbreakable anonymity to all individual employee respondents.

Irrevocable Refusal: Under no circumstances, including the threat of contract termination or legal action, will ShikharPe release raw survey logs, timestamp files, individual-identifiable feedback forms, or digital IP tracking records to the Client’s management, board, or HR departments. The Client explicitly waives any legal right to demand raw data extraction during discovery or dispute proceedings.

Non-Solicitation Restriction: The Client recognizes that the senior culture advisors, organizational psychologists, POSH trainers, and executive coaches deployed by ShikharPe Private Limited possess highly specialized knowledge and represent core operational assets. The Client agrees that during the term of any active engagement and for a period of twenty-four (24) months following completion or termination of the relationship, it shall not directly or indirectly, through affiliates, headhunters, or sister concerns, solicit, attempt to employ, hire, or engage via independent contractor status, any salaried employee or active professional consultant of ShikharPe Private Limited who was involved in the execution of the Client's project.

Liquidated Damages Framework: In the event of a breach of this section, the Client acknowledges that the actual operational loss to ShikharPe is difficult to quantify. Consequently, the Client agrees to pay ShikharPe Private Limited, within 15 days of demand, a liquidated damage amount equal to 100% of the gross annualized cost-to-company (CTC) of the solicited staff member, along with the immediate forfeiture of any active certifications.

Proprietary Methodologies: All survey architectures, algorithmic evaluation models, software codes, database structures, UI designs, psychometric mapping techniques, WCI calculation matrix designs, and training presentation materials used by WOW remain the exclusive and uninhibited intellectual property of ShikharPe Private Limited. No transfer of intellectual property rights occurs under this Agreement.

Client Copyrighted Input: The Client grants ShikharPe a limited, non-exclusive license to use its company name, corporate logo, and registered trademarks solely for the purpose of executing the surveys, displaying dashboards, and listing the client in the public directory of certified workplaces.

Third-Party IP Indemnity: The Client warrants that all corporate internal documents, custom policy handbooks, and operational guides provided to ShikharPe for evaluation do not infringe upon the copyrights or trademarks of any third party. The Client agrees to fully indemnify and hold ShikharPe harmless against any third-party intellectual property infringement claims arising from files submitted by the Client.

The Client hereby agrees to protect, defend, indemnify, and hold harmless ShikharPe Private Limited, its parent companies, directors, officers, employees, and authorized corporate representatives from and against any and all losses, liabilities, structural damages, costs, regulatory penalties, court expenses, and legal fees resulting from or arising out of:

1. Any material breach of the representations, warranties, or protective covenants contained within this Agreement by the Client.
2. Any claims of wrongful termination, constructive dismissal, hostile work environment, or structural discrimination initiated by the Client’s personnel against the Client’s management.
3. Any corporate liability arising from statutory policy omissions (e.g., inadequate POSH committees, failure to deploy maternity frameworks) flagged or un-flagged during the diagnostic evaluation cycle.

Governing Law: This Agreement, along with all attached Statements of Work and auxiliary invoices, shall be governed by, analyzed, and construed strictly in accordance with the substantive Laws of the Republic of India.

Arbitration Mechanism: Any structural dispute, claim, breach, or difference arising out of the interpretation, validity, or performance of this Agreement shall be referred to and conclusively settled by binding arbitration conducted under the provisions of the Indian Arbitration and Conciliation Act, 1996 (including any statutory amendments). The arbitration tribunal shall consist of a single, mutually agreed-upon sole arbitrator. The physical seat and venue for all arbitration proceedings shall be Gurugram, Haryana, India. The language of the arbitration shall be English.

Exclusive Competent Jurisdiction: Subject to the execution of the arbitration clause, both parties explicitly submit to the exclusive territorial jurisdiction of the courts located at Gurugram, Haryana, to handle any interim injunctions, execution of awards, or legal matches arising out of this contract.