Terms & Conditions.

IFWP 2026–27 · Effective from 1 April 2026

Programme Governance & Compliance Framework

Participation in India’s Finest Workplaces: People & Practices (“IFWP”), a proprietary programme owned and operated by GMO Media Private Limited, shall constitute acceptance of all programme policies, assessment methodologies, evaluation criteria, participation guidelines, and service conditions prescribed by IFWP from time to time.

Participating organisations agree to provide complete, accurate, and lawful organisational information, employee-related data, supporting documentation, and all necessary declarations, approvals, and permissions required for participation in the programme. Organisations further confirm that all employee data and survey participation processes are conducted in compliance with applicable Indian laws, including prevailing data protection and privacy regulations.

All programme structures, frameworks, assessment models, research methodologies, scoring systems, analytics, reports, insights, certification marks, rankings, editorial properties, communication formats, visual assets, content formats, digital showcases, badges, designs, trademarks, and associated intellectual property shall remain the exclusive property of IFWP and GMO Media Private Limited. No participating organisation shall reproduce, modify, distribute, commercially exploit, misrepresent, publicly circulate, or create derivative usage of any IFWP intellectual property, certification identity, or programme assets without prior written approval from IFWP.

Certification badges, workplace recognition marks, ranking references, and associated branding may only be used during the approved certification validity period and strictly in accordance with IFWP communication and brand usage guidelines. Any misuse, misleading representation, or unauthorised public communication may result in immediate revocation of certification status and programme participation rights.

IFWP reserves the sole and absolute right to independently determine assessment outcomes, evaluation parameters, benchmarking standards, certification eligibility, editorial inclusion, ranking placements, industry categorisation, showcase participation, and recognition status based on its proprietary research framework and programme methodology. Participation in the programme does not guarantee certification, award recognition, rankings, editorial publication, media coverage, television feature inclusion, digital showcase placement, event participation, or any specific commercial, reputational, or promotional outcome.

IFWP additionally reserves the right to modify, revise, suspend, discontinue, expand, or restructure programme categories, participation models, timelines, deliverables, fee structures, assessment formats, survey methodologies, research parameters, branding formats, communication structures, or recognition criteria at its discretion without prior notice.

All participation fees, research fees, certification charges, editorial feature charges, media integration costs, event participation fees, branding investments, and associated commercial payments made towards IFWP services shall be non-refundable and non-transferable unless otherwise agreed in writing by IFWP. Participating organisations shall remain responsible for ensuring timely submission of information, approvals, employee participation, and required documentation necessary for assessment completion.

IFWP shall not be liable for any indirect, incidental, reputational, consequential, commercial, operational, or business losses arising from participation, non-selection, delayed submissions, technical interruptions, third-party dependencies, or programme outcomes. Any dispute arising in relation to the programme, services, participation, intellectual property, communication, certification, or commercial engagement shall be governed exclusively by the laws of India and subject to the exclusive jurisdiction of the competent courts located in New Delhi, India.

Acknowledgements & Restrictions

1.1 Reservation of Rights

The Services are provided with a limited right of use and are not sold. IFWP reserves and retains all rights not expressly granted under this Agreement. GMO Media Private Limited is and shall remain the sole and exclusive owner of all rights, title, and interest in and to the India’s Finest Workplaces: People & Practices programme and trade mark, the Services, and all modifications, enhancements, and derivative works thereof, including all intellectual property rights under the Copyright Act, 1957, the Trade Marks Act, 1999, the Patents Act, 1970, the Designs Act, 2000, and all other applicable Indian intellectual property legislation.

India’s Finest Workplaces: People & Practices is a registered trade mark of GMO Media Private Limited and may not be used, replicated, or referenced without the express written consent of GMO Media Private Limited. The Customer acknowledges that any unauthorised use, reproduction, or dissemination of IFWP’s intellectual property shall constitute a material breach of this Agreement and shall entitle IFWP to seek all available legal and equitable remedies, including injunctive relief and damages, under applicable Indian laws.

1.2 Use Restrictions

Except as expressly provided in this Agreement, no other use of the Services is permitted. The Customer shall not, and shall not cause or permit others to:

reverse engineer, disassemble, adapt, translate, or decompile the Subscription Services or otherwise attempt to derive source code, trade secrets, or know-how therefrom;
licence, sell, transfer, assign, distribute, or outsource the use of the Subscription Services, or provide service bureau, data processing, or time-sharing access to the Subscription Services to any third party;
create internet links to the Subscription Services or frame or mirror the Subscription Services on any other server or internet-based device;
access or use the Subscription Services to build or support, directly or indirectly, products or services competitive to IFWP;
interfere with or disrupt the integrity or performance of the Subscription Services or any data contained therein;
attempt to gain unauthorised access to any Subscription Services or its related data, systems, or networks; or
remove or alter any proprietary notices, marks, or legends on the Services.

Any breach of these use restrictions shall be deemed a material breach of this Agreement, entitling IFWP to immediate termination and pursuit of all available legal remedies.

1.3 IFWP Badges and Marks

1.3.1 Certification Badge. IFWP grants to the Customer a non-exclusive, revocable, limited licence to use and display the Certification Badge during the Certification Period solely for the purpose of promoting the Customer’s designation under the India’s Finest Workplaces programme. The Customer shall at all times remain in full compliance with the Certification Badge Guidelines published by IFWP (the “Certification Badge Guidelines”) when displaying the Certification Badge. Any breach of such Guidelines shall entitle IFWP to revoke the licence forthwith, without prejudice to any other rights or remedies available to IFWP.

1.3.2 Trade Mark Compliance. All use of IFWP badges, marks, and branding shall be strictly in accordance with the Trade Marks Act, 1999, and shall not diminish, tarnish, or dilute the goodwill associated with the India’s Finest Workplaces brand. The Customer acknowledges that all such badges and marks remain the exclusive property of GMO Media Private Limited, and any unauthorised use or misrepresentation shall be subject to legal action under applicable intellectual property laws.

1.4 Customer Feedback

The Customer has no obligation to provide IFWP with any suggestion, enhancement request, recommendation, evaluation, correction, or other feedback regarding the Services (“Feedback”); however, if it does, the Customer grants to IFWP and its Affiliates a worldwide, perpetual, irrevocable, royalty-free, sub-licensable licence to use, copy, modify, distribute, disclose, create derivative works of, and incorporate such Feedback into its Services for any purpose, without any obligation of attribution or compensation to the Customer. IFWP has no obligation to incorporate or apply any Feedback to the Services.

1.5 IFWP Licensees

The Customer consents to persons or companies qualified and authorised by IFWP (“Licensees”) providing a portion of the Services on IFWP’s behalf. IFWP shall be responsible for the actions of its Licensees to the extent they pertain to the Services provided to the Customer on IFWP’s behalf, ensuring that such Licensees adhere to the same standards and obligations as IFWP under this Agreement.

1.6 Compliance with Laws

IFWP shall comply with all Applicable Laws in performing its obligations hereunder, including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 (“DPDPA”), and guidelines issued by the Ministry of Electronics and Information Technology. The Customer shall comply with all Applicable Laws when using the Services and remains solely responsible for its own compliance, including the DPDPA, the Consumer Protection Act, 2019, and any sector-specific regulations applicable to its industry. Both Parties undertake to maintain all necessary licences, permits, and registrations required for their respective operations and for the performance of their obligations under this Agreement.

1.7 Access Credentials

Except as otherwise provided herein, the Customer shall not provide any third party with access credentials to the Subscription Services, and shall safeguard and compel all authorised users to safeguard such credentials in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The Customer shall be responsible for all acts and omissions of its users and any unauthorised access or use occurring through its credentials. The Customer shall notify IFWP promptly upon becoming aware of any unauthorised use of access credentials or any known or suspected breach of security.

Data, Security & Privacy

2.1 Ownership and Licence of Customer Data

The Customer shall retain exclusive ownership of the entire right, title, and interest in and to Customer Data and Raw Data. The Customer grants IFWP a non-exclusive, India-wide, royalty-free licence for the term of this Agreement to use, sample, collect, and compile the Customer Data solely for the purposes of providing, maintaining, improving, or operating the Services and for benchmarking purposes, subject to the confidentiality obligations set out in this Agreement. This licence is strictly limited to the purposes specified herein and does not confer any ownership rights on IFWP.

2.2 Raw Data Licence

The Customer grants to IFWP a non-exclusive, perpetual, irrevocable, India-wide, royalty-free licence to use, sample, collect, and compile Raw Data in aggregated, de-identified form that does not identify Customer Confidential Information and that is stripped of all persistent identifiers, in a manner that does not permit the Raw Data on its own to be identified as originating from any individual survey respondent, for the purposes of providing, maintaining, or improving the Services and for benchmarking purposes. This licence is crucial for IFWP’s ability to enhance its offerings and provide valuable industry insights without compromising Customer confidentiality.

2.3 Collection of Personal Data

Services may employ applications and tools that collect and process Personal Data as required by IFWP to provide the requested Services. All collection, processing, and handling of Personal Data shall be carried out in strict accordance with the Digital Personal Data Protection Act, 2023 (“DPDPA”), and the rules and regulations made thereunder, as amended from time to time. IFWP shall act as a Data Fiduciary or Data Processor, as the case may be, in accordance with the DPDPA, and shall execute any requisite Data Processing Agreement with the Customer upon request, ensuring clear delineation of responsibilities.

2.4 Data Privacy and Security

Each Party agrees to comply with Applicable Laws in its processing of Personal Data, including the DPDPA and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”). IFWP and its sub-processors shall process Personal Data in accordance with IFWP’s Data Processing Addendum, which is incorporated herein by reference. All Customer Data shall be secured and protected in accordance with the technical and organisational measures set out in Schedule 2 of IFWP’s Data Processing Addendum, ensuring a robust security posture.

2.5 Data Localisation

To the extent required by the DPDPA or any rules or notifications issued thereunder, IFWP shall store and process such categories of Personal Data exclusively within the territory of India, or transfer the same only to such countries or territories as may be notified by the Central Government under the DPDPA as permissible jurisdictions. IFWP shall ensure full compliance with all data localisation requirements to safeguard personal data.

2.6 Data Breach Notification

In the event of a Personal Data breach, IFWP shall notify the Customer without undue delay and in any event within such timeframe as prescribed under the DPDPA and related rules, and shall provide all information reasonably required by the Customer to fulfil its own notification obligations to the Data Protection Board of India and to affected Data Principals. IFWP shall also cooperate fully with the Customer in investigating and mitigating the breach.

Confidentiality

3.1 Definition

“Confidential Information” means any non-public information relating to a Party that is disclosed pursuant to any Order or this Agreement, and which reasonably ought to be understood by the recipient to be confidential by reason of (a) legends or other markings indicating confidentiality; (b) the circumstances of the disclosure; or (c) the nature of the information itself, including but not limited to trade secrets, know-how, business plans, financial information, employee data, customer lists, and technical data.

3.2 Exceptions

Information shall not be considered Confidential Information if the receiving Party can demonstrate, by clear and convincing evidence, that such information was: (a) in the public domain without any breach of this Agreement by the receiving Party; (b) disclosed to the receiving Party on a non-confidential basis from a source lawfully in possession of such information and not prohibited from disclosure; (c) released in writing from confidential treatment by the disclosing Party; or (d) independently developed by the receiving Party without use of or reference to the Confidential Information of the disclosing Party.

3.3 Nondisclosure

Except as expressly permitted in this Section, neither Party shall disclose the other Party’s Confidential Information to any third party. Furthermore, the Customer expressly acknowledges and agrees that IFWP is not required to, and shall not, disclose Raw Data to the Customer. Each Party’s obligation of confidentiality shall survive the termination or expiry of this Agreement for a period of three (3) years thereafter, or for such longer period as required by Applicable Laws or the nature of the information.

3.4 Protection

Each Party shall secure and protect the Confidential Information of the other Party with a standard of care commensurate with the sensitivity of such Confidential Information, and using precautions at least as stringent as those it takes to protect its own Confidential Information of a like nature, and in any event no less than reasonable precautions consistent with the SPDI Rules and other Applicable Laws. This includes implementing appropriate technical and organisational measures to prevent unauthorised access, disclosure, or use.

3.5 Use

Each Party shall only use the Confidential Information of the other Party as expressly permitted by, or as required to exercise rights, duties, and obligations under, this Agreement. Any use beyond the scope of this Agreement is strictly prohibited.

3.6 Permitted Disclosures

Confidential Information may be shared with: (a) any Affiliate, subcontractor, or other third party who has a genuine need to know to enable the receiving Party to exercise its rights or perform its obligations under this Agreement, provided such persons are bound by non-disclosure obligations at least as stringent as the confidentiality provisions of this Agreement; or (b) any court, tribunal, arbitral body, or governmental authority of competent jurisdiction pursuant to a subpoena, order, statutory notice, or similar legal process, provided that, to the extent permitted by Applicable Law, the receiving Party gives the disclosing Party reasonable prior written notice so that the disclosing Party has an opportunity to seek a protective order or otherwise contest the disclosure.

Warranty

4.1 Mutual Warranties

Each Party hereby warrants and represents to the other Party that: (a) it is a duly incorporated and validly existing entity under the laws of India, in good standing, and has the full corporate right, power, and authority to enter into this Agreement and to perform its obligations hereunder; (b) this Agreement has been duly authorised, executed, and delivered by its authorised representatives and constitutes a legal, valid, and binding obligation, enforceable against it in accordance with its terms; (c) the performance of its obligations does not conflict with or result in a breach of any other agreement, instrument, order, or decree by which such Party is bound, or its constitutional documents; and (d) it shall comply with all Applicable Laws in the performance of its obligations under this Agreement.

4.2 Professional and Support Services Warranty

IFWP warrants that the Professional Services and Support Services shall be performed by qualified personnel in a good, workmanlike, and professional manner, exercising due care and skill consistent with prevailing industry standards. In the event IFWP breaches this warranty, as the Customer’s exclusive remedy and IFWP’s sole obligation, IFWP shall re-perform the deficient Services at IFWP’s cost; provided that if IFWP cannot substantially remedy such breach, IFWP shall refund any fees prepaid by the Customer for the affected Services. The Customer must report any deficiencies within thirty (30) days of the completion of the non-compliant Services.

4.3 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE INDIAN LAW, IFWP DISCLAIMS ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IFWP DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR COMPLETELY SECURE. NOTHING IN THIS DISCLAIMER SHALL EXCLUDE OR LIMIT ANY STATUTORY RIGHTS OF THE CUSTOMER THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE INDIAN LAW.

Indemnification

5.1 Indemnification by IFWP

IFWP shall defend the Customer and the Customer’s respective directors, officers, and employees acting on behalf of the Customer (“Customer Indemnified Parties”) from and against any and all Claims to the extent alleging that the permitted use of the Subscription Services infringes or misappropriates any valid copyright or patent under applicable Indian law. IFWP shall indemnify and hold harmless the Customer Indemnified Parties against any liabilities, obligations, costs, or expenses (including, without limitation, reasonable legal costs and attorney’s fees) actually awarded against them by a court of competent jurisdiction as a result of such a Claim, or as a result of IFWP’s settlement of such a Claim.

5.2 Mitigation

In the event that a final injunction or order is obtained against the Customer’s use of the Subscription Services by reason of infringement or misappropriation of any copyright or patent, or if in IFWP’s reasonable opinion the use of the Subscription Services is likely to become the subject of a successful Claim, IFWP (at its option and expense) shall use commercially reasonable efforts to either: (a) procure for the Customer the right to continue using the Subscription Services as provided in this Agreement; or (b) replace or modify the Subscription Services so that they become non-infringing while remaining substantively similar in functionality. Should neither (a) nor (b) be commercially reasonable, either Party may terminate this Agreement upon written notice, at which time IFWP shall provide a pro-rata refund to the Customer of any fees paid for the infringing elements covering the period of unavailability.

5.3 Exclusions from IFWP Indemnity

IFWP shall have no liability to indemnify or defend the Customer to the extent the alleged infringement or misappropriation is based on: (a) a modification of the Subscription Services undertaken by or on behalf of the Customer without IFWP’s express written authorisation; (b) use other than as authorised by this Agreement; or (c) use in conjunction with any equipment, service, or software not provided by IFWP, where the Subscription Services would not otherwise infringe when used independently.

5.4 Procedure and Qualifications

The Customer shall provide written notice to IFWP promptly upon receiving notice of a Claim. IFWP shall have sole control of the defence of any indemnified Claim and all negotiations for its settlement or compromise; provided that IFWP shall not enter into any settlement that imposes any obligations or restrictions on the Customer without the Customer’s prior written consent, which shall not be unreasonably withheld. The Customer shall cooperate fully (at IFWP’s request and reasonable expense) in the defence, settlement, and compromise of any such Claim, including providing all necessary information and assistance.

Limitations of Liability

6.1 Monetary Cap

DURING ANY TWELVE (12) MONTH CONTRACT TERM (COMMENCING ON THE EFFECTIVE DATE OF THE APPLICABLE ORDER), A PARTY’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH ANY SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID OR PAYABLE BY THE CUSTOMER TO IFWP DURING SUCH TWELVE (12) MONTH CONTRACT TERM FOR THE SERVICE GIVING RISE TO SUCH CLAIM(S). The Parties expressly agree that this financial cap represents a reasonable allocation of commercial risk between them, reflecting the nature of the Services and the fees charged.

6.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE INDIAN LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR THE COST OF ACQUIRING SUBSTITUTE OR REPLACEMENT SERVICES; OR FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF ANTICIPATED SAVINGS RESULTING FROM OR RELATED TO THE SERVICES OR THIS AGREEMENT, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 Exclusions from Limitations

The limitations of liability contained in Sections 6.1 and 6.2 shall not apply to liabilities arising from: (a) a Party’s indemnification obligations under Section 5; (b) the Customer’s payment obligations; (c) a Party’s gross negligence, fraud, or wilful misconduct; or (d) any liability that cannot lawfully be excluded or limited under applicable Indian law.

6.4 Applicability

These limitations apply for any reason and regardless of the form of action or legal theory on which liability is asserted. Insofar as Applicable Law prohibits any limitation on liability herein, such limitation shall be automatically modified to the minimum extent necessary to make it compliant with Applicable Law, without invalidating the remainder of the limitation.

Dispute Resolution & Governing Law

7.1 Governing Law

This Agreement shall be governed by and construed in accordance with the substantive laws of the Republic of India, including but not limited to the Indian Contract Act, 1872, the Specific Relief Act, 1963, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and all other applicable Indian statutes, without regard to any conflict-of-law principles that would result in the application of the laws of any other jurisdiction. The Parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to this Agreement.

7.2 Amicable Resolution

In the event of any dispute, controversy, or claim arising out of or in relation to this Agreement, or the breach, termination, or validity thereof (“Dispute”), the Parties shall first attempt to resolve such Dispute amicably through good-faith negotiations between senior representatives of the Parties, who shall have the authority to settle the Dispute. If the Dispute is not resolved within thirty (30) days of a Party serving a written notice of Dispute on the other Party (or such longer period as the Parties may agree in writing), either Party may refer the Dispute to arbitration in accordance with Section 7.3.

7.3 Arbitration

Any Dispute that cannot be resolved amicably pursuant to Section 7.2 shall be finally settled by binding arbitration conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (including any statutory modification or re-enactment thereof for the time being in force). The arbitration shall be:

Conducted by a sole arbitrator mutually appointed by the Parties. If the Parties fail to agree on a sole arbitrator within fifteen (15) days of a request for arbitration, the arbitrator shall be appointed by the competent court under the Arbitration and Conciliation Act, 1996.
Held at New Delhi, India (or such other city as the Parties may agree in writing), which shall be the seat and venue of the arbitration.
Conducted in the English language.
The arbitral award shall be final and binding on the Parties and shall be enforceable as a decree of the court.

Each Party shall bear its own legal costs unless the arbitral tribunal awards costs to a Party. The Parties agree that the scope of judicial intervention in the arbitral process shall be limited to that permitted by the Arbitration and Conciliation Act, 1996.

7.4 Courts

Notwithstanding Section 7.3, either Party may seek urgent interim or conservatory relief from the courts of competent jurisdiction at New Delhi, pending the constitution or decision of the arbitral tribunal. For the purpose of such relief and for the enforcement of any arbitral award, each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts at New Delhi, India.

7.5 Individual Claims Only

To the extent not prohibited by Applicable Law, each Party agrees that any Dispute shall be resolved only on an individual basis and not in any class, consolidated, or representative action or proceeding.