1. Acceptance
These Terms of Service ("Terms") constitute a binding legal agreement between you (the "User" or "Organisation") and Advocare Technologies Private Limited ("Advocare", "we", "us", "our"), a company incorporated under the Companies Act, 2013 and registered in Bangalore, Karnataka, India.
By creating an account, accessing, or using the POSH360 platform or any associated services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are using POSH360 on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not use the Services.
2. Services
POSH360 provides a suite of PoSH compliance services designed to help Indian employers meet their obligations under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and related regulations. Services include, but are not limited to:
- Policy documentation: Generation and management of PoSH-compliant workplace policies tailored to your organisation.
- IC administration support: Tools and workflows to constitute, administer, and document your Internal Complaints Committee.
- External IC Member facilitation: Access to our network of qualified independent External IC Members as required under Section 4(2)(c) of the PoSH Act.
- Training delivery: Annual PoSH awareness training for employees and specialised training for IC members.
- Annual report preparation: Tools to compile and prepare the annual report required under Section 21 of the PoSH Act.
- Compliance tracking: Automated reminders, deadline tracking, and compliance dashboards.
- Related compliance tools: Document templates, legal update newsletters, and compliance guides.
We reserve the right to modify, add, or discontinue features of the Services with reasonable notice to users.
3. Account Responsibilities
You are solely responsible for the following:
Account Security
You must maintain the confidentiality of your account credentials, including your password. You must not share account access with unauthorised individuals. You are responsible for all activities that occur under your account. If you suspect unauthorised access, you must notify us immediately at security@posh360.in.
Accurate Information
You must provide accurate, current, and complete information when creating your account and using the Services. This includes your organisation's name, employee count, registered address, and IC member details. Inaccurate information may result in compliance documents that do not meet legal requirements, for which Advocare Technologies cannot be held liable.
Authorised Users
You are responsible for ensuring that all individuals given access to your POSH360 account are authorised by your organisation and are aware of and bound by these Terms. You must promptly revoke access for individuals who leave your organisation or whose authorisation changes.
Compliance Obligations
POSH360 is a tool to support your compliance efforts. You remain solely responsible for your organisation's compliance with the PoSH Act and all applicable laws. Our Services do not replace your organisation's obligations, independent judgment, or legal counsel.
4. Service Plans & Billing
POSH360 is offered on subscription-based service plans as described at posh360.in/pricing, which may be updated from time to time.
- Billing cycle: Subscriptions are billed monthly in advance. Annual plans are also available at a discounted rate.
- Payment: Payment is due at the time of subscription commencement and on each renewal date. We accept payment via the methods indicated on our platform.
- Cancellation: You may cancel your subscription by providing at least 30 days' written notice to billing@posh360.in before your next billing date.
- Refunds: We do not provide refunds for partial months of service. If you cancel mid-month, you will continue to have access until the end of the billing period for which you have paid.
- Setup fees: One-time setup fees, where applicable, are non-refundable once onboarding has commenced.
- Price changes: We will provide at least 30 days' notice of any changes to subscription pricing via email.
- Late payment: We reserve the right to suspend access to the Services if payment is not received within 14 days of the due date.
5. External IC Members
The PoSH Act requires every Internal Complaints Committee to include at least one External Member — a person from an NGO, association, or a person familiar with issues of sexual harassment. POSH360 facilitates access to qualified independent professionals who serve in this capacity.
Advocare Technologies is not responsible for:
- The outcome of any inquiry conducted by an External IC Member
- Any decisions, recommendations, or actions taken by an External IC Member in the course of an inquiry
- Any professional misconduct, negligence, or breach of duty by an External IC Member
POSH360 takes reasonable care to verify the qualifications and background of External IC Members in our network, but this does not constitute a warranty or guarantee of their performance.
6. Limitations of Liability
To the maximum extent permitted by applicable law:
- Advocare Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Services.
- Our total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you to Advocare Technologies in the three months immediately preceding the event giving rise to the claim.
- We make no warranty that the Services will be uninterrupted, error-free, or free from security vulnerabilities. We do not warrant that the information on our platform is always current or complete, given that laws change.
7. Confidentiality
Both parties acknowledge that in the course of using POSH360, they may be exposed to confidential information of the other party. Each party agrees to:
- Keep all confidential information strictly confidential
- Not disclose confidential information to any third party without prior written consent
- Use confidential information only for the purposes of fulfilling obligations under these Terms
We operate under professional confidentiality obligations with respect to all compliance data, complaint information, and company details that pass through our platform. Our staff undergo confidentiality training and are contractually bound to these obligations.
These confidentiality obligations survive the termination of these Terms.
8. Intellectual Property
Our Property
All POSH360 software, source code, algorithms, user interface designs, document templates, training materials, guides, and other content are the intellectual property of Advocare Technologies Private Limited, protected under applicable Indian intellectual property law. You may not copy, reproduce, distribute, or create derivative works from our proprietary content without express written permission.
Your Documents
Documents generated by POSH360 that are specifically tailored to your organisation — such as your PoSH policy, IC constitution, or annual report — belong to you. You are free to use, modify, and distribute these documents for your internal compliance purposes. We retain the right to use anonymised, aggregated compliance insights derived from our platform.
Feedback
If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback to improve our Services.
9. Termination
By You
You may terminate your subscription at any time by providing 30 days' written notice to billing@posh360.in.
By Us
We may terminate or suspend your access to the Services immediately, without notice, if:
- You materially breach these Terms and fail to remedy the breach within 14 days of our written notice
- You use the Services for any unlawful purpose
- Payment is overdue by more than 30 days
- We are required to do so by law or court order
Effect of Termination
Upon termination of your subscription:
- Your access to the platform will be suspended at the end of the current billing period (where you have initiated termination) or immediately (where we have terminated for cause).
- Your data will be available for export for 60 days following the termination date. We strongly encourage you to export your data before this window closes.
- After 60 days, your data will be deleted from our active systems, subject to the legal retention obligations described in our Privacy Policy (7 years for compliance records).
10. Governing Law and Disputes
These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of India.
In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation for a period of 30 days. If the dispute cannot be resolved through negotiation, it shall be subject to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.
Nothing in this clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.
11. Contact
For any questions or concerns regarding these Terms of Service, please contact us:
- Email: legal@posh360.in
- Company: Advocare Technologies Private Limited
- Address: Bangalore, Karnataka, India