appscms-tools-theme 1.8.2 → 1.8.3
Sign up to get free protection for your applications and to get access to all the features.
- checksums.yaml +4 -4
- data/LICENSE.txt +21 -21
- data/README.md +50 -50
- data/_data/about/en/about.json +16 -16
- data/_data/blog/alertbar.yml +3 -3
- data/_data/blog/authors.yml +11 -11
- data/_data/blog/blog.yml +3 -3
- data/_data/blog/nav.json +13 -13
- data/_data/blog/share.yml +28 -28
- data/_data/contact/en/contact.json +38 -38
- data/_data/disclaimer/en/disclaimer.json +37 -37
- data/_data/download/en/download.json +35 -35
- data/_data/feature/en/split-pdf.json +115 -115
- data/_data/feature/hi/compress-pdf.json +81 -81
- data/_data/feature/tr/compress-pdf.json +80 -80
- data/_data/fileinfo/en/fileinfo.json +14 -14
- data/_data/files/.gitignore +4 -4
- data/_data/files/en/3gp.json +144 -144
- data/_data/files/en/acc.json +25 -25
- data/_data/files/en/aff.json +65 -65
- data/_data/files/en/cr2.json +169 -169
- data/_data/files/en/dvd.json +25 -25
- data/_data/files/en/mov.json +146 -146
- data/_data/files/en/ogg.json +163 -163
- data/_data/files/en/vmv.json +47 -47
- data/_data/footer/en/data.json +72 -72
- data/_data/footer/hi/data.json +68 -68
- data/_data/footer/networksites.json +15 -15
- data/_data/header/en/data.json +134 -134
- data/_data/header/hi/data.json +144 -144
- data/_data/home/en/en.json +282 -282
- data/_data/home/hi/hi.json +86 -86
- data/_data/languagesupport/compress-pdf-langs.json +11 -11
- data/_data/languagesupport/index-langs.json +13 -13
- data/_data/privacy/en/privacyPolicy.json +265 -265
- data/_data/termAndCondition/en/termAndCondition.json +358 -358
- data/_includes/Rating/rating.html +92 -92
- data/_includes/Rating/structureddata.html +53 -53
- data/_includes/Usp/usp.html +86 -86
- data/_includes/adsense/adsense.html +7 -7
- data/_includes/alternates/alternates.html +45 -45
- data/_includes/author_bio.html +16 -16
- data/_includes/cssfile/links.html +11 -11
- data/_includes/custom-head.html +33 -33
- data/_includes/customblog/recentposts.html +46 -46
- data/_includes/customblog/relatedposts.html +174 -174
- data/_includes/disqus_comments.html +10 -10
- data/_includes/dropdown/langdropdown.html +22 -22
- data/_includes/feature.html +37 -37
- data/_includes/fileformat/comparisonfiles.html +151 -151
- data/_includes/fileformat/fileformatdetail.html +101 -101
- data/_includes/fileformat/fileinfoformat.html +93 -93
- data/_includes/footer/index.html +249 -249
- data/_includes/google-analytics.html +22 -22
- data/_includes/header/blogHeader.html +29 -29
- data/_includes/header/index.html +95 -95
- data/_includes/languages/languages.html +61 -33
- data/_includes/monumetric/monumetric.html +60 -60
- data/_includes/nofiletransfer/nofiletransfer.html +38 -38
- data/_includes/paginationBlogPage.html +34 -34
- data/_includes/paginationPostPage.html +14 -14
- data/_includes/postauthorbio.html +17 -17
- data/_includes/postbox.html +31 -31
- data/_includes/script.html +27 -26
- data/_includes/section/alertbar.html +11 -11
- data/_includes/section/count.html +23 -23
- data/_includes/section/recent_posts.html +46 -46
- data/_includes/section/related_categories_post.html +173 -173
- data/_includes/share/socialshare.html +20 -20
- data/_includes/staticfooter.html +55 -55
- data/_layouts/aboutUs.html +24 -24
- data/_layouts/blog.html +70 -70
- data/_layouts/categories.html +25 -25
- data/_layouts/contactUs.html +78 -78
- data/_layouts/default.html +1 -1
- data/_layouts/disclaimer.html +78 -78
- data/_layouts/download.html +285 -280
- data/_layouts/feature.html +209 -209
- data/_layouts/fileInfo.html +39 -39
- data/_layouts/help.html +23 -23
- data/_layouts/home.html +208 -208
- data/_layouts/page.html +5 -5
- data/_layouts/post.html +144 -144
- data/_layouts/privacyPolicy.html +402 -402
- data/_layouts/termAndCondition.html +406 -406
- data/assets/cross.svg +4 -4
- data/assets/css/blog.css +491 -491
- data/assets/css/bootstrap.min.css +6 -6
- data/assets/css/tools.css +1260 -1212
- data/assets/facebook.svg +4 -4
- data/assets/images/safevideoconverter.svg +23 -23
- data/assets/instagram.svg +4 -4
- data/assets/js/TopScroll.js +8 -8
- data/assets/js/googledrive.js +155 -155
- data/assets/js/manifest.json +16 -16
- data/assets/js/multiselect.js +157 -157
- data/assets/linkdin.svg +4 -4
- data/assets/pdf.svg +20 -20
- data/assets/secure.svg +43 -43
- data/assets/star.svg +4 -4
- data/assets/twitter.svg +4 -4
- data/assets/youtube.svg +4 -4
- metadata +2 -2
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{% assign file = page.fileName %}
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{% assign folder = page.folderName %}
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{% assign lang = page.lang %}
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{% assign termsData = site.data[folder][lang][file] %}
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<!DOCTYPE html>
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<html lang="{{termsData.htmlLangAtt}}">
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{% include head/index.html %}
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<body>
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{% include header/index.html %}
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{%- include dropdown/langdropdown.html -%}
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<div class="container py-4">
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<h1 class="about-h1 py-4">Terms and condtions</h1>
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<div class="py-3">
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<div class="py-3">
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<p>We,<b>{{page.companyName}}</b>, registered under the provisions of the Limited Liability Partnership
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Act 2008,
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having its registered office at "Ghaziabad, Uttar Pradesh – 245304, INDIA"
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represented by its Directors, hereinafter referred to as the <b>“FIRM”</b> (where such expression
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shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs,
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representatives, administrators, permitted successors and assigns).</p>
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<p>The Firm ensures steady commitment to Your usage of the Platform and privacy with regard to the
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protection of Your invaluable information. This document contains information about the Website and
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domain https://{{page.companyName}}.{{page.domain}} (hereinafter referred to as the “Platform” ).
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</p>
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<p>For the purpose of these Terms of Use (“Terms”), wherever the context so requires,</p>
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<p>1. “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Firm, as the context so
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requires.</p>
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<p>2. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals who use
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the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
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<p>3. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals who use
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the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
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<p>4. “Third Parties” refer to any Application, Firm or individual apart from the User and the creator
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of this Platform/Domain.</p>
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<p>5. “ The term “User” refers to the individuals who will be using the platform to avail the features
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and the services of the platform.</p>
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<p>6. “ The term “User” refers to the individuals who will be using the platform to avail the features
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and the services of the platform.</p>
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<p>7. “ The headings of each section in these Terms are only for the purpose of comanizing the various
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provisions under these Terms in an orderly manner and shall not be used by either Party to interpret
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the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties
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that the headings shall have no legal or contractual value.</p>
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<p>8. “The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally
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binding agreement between the User and the Firm, and that the User shall be subject to the rules,
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guidelines, policies, terms, and conditions applicable to any service that is provided by the
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Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be
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treated as part and parcel of the same. The User acknowledges and agrees that no signature or
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express act is required to make these Terms and the Policy binding on the User and that the User’s
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act of visiting any part of the Platform constitutes the User’s full and final acceptance of these
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Terms and the aforementioned Policy.</p>
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<p>9. “The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior
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permission or intimation to the User, and the User expressly agrees that any such amendments or
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modifications shall come into effect immediately. The User has a duty to periodically check the
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terms and stay updated on its requirements. If the User continues to use the Platform following such
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a change, the User will be deemed to have consented to any and all amendments/modifications made to
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the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive,
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non-transferable, revocable, limited privilege to access and use the Platform and the Services. If
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the User does not adhere to the changes, You must stop using the Services at once. Your continued
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use of the Services will signify your acceptance of the changed terms.</p>
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<h3> REGISTRATION </h3>
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<p>1. The Users are also provided with an option to link their Facebook/Google accounts with the
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Platform at the time of their registration in order to smoothen the process of registration.</p>
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<p>2. Registration for this Platform is available for all age groups, barring those “Incompetent to
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Contract” which inter alia include insolvents with an exception to Minors.</p>
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<p>3. Further, at any time during Your use of this Platform, including but not limited to the time of
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registration, You are solely responsible for protecting the confidentiality of Your Username and
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password, and any activity under the account shall be deemed to have been done by You. In the case
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that you provide us with false and/or inaccurate details or we have reason to believe you have done
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so, we hold the right to permanently suspend your account. You agree that you will not disclose your
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password to any third party and that you will take sole responsibility for any activities or actions
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under your account, whether or not you have authorized such activities or actions. You will
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immediately notify us of any hereinbelow use of your account.</p>
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<h3> PLATFORM OVERVIEW </h3>
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<p>@{{page.companyName}}.{{page.domain}} is a platform owned and operated by
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@{{page.companyName}}.{{page.domain}} LLP which is a limited liability
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partnership registered under the provisions of the Limited Liability Partnership Act, 2008.</p>
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<p>Servers for this website are hosted on Firebase. User is not required to install any software on his
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machine to use the Platform. The Platform is User-friendly and is accessible on all software and all
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devices such as Mac/Windows/Linux/Android/iOS.</p>
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<h3> ELIGIBILITY </h3>
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<p>Servers for this website are hosted on Firebase. User is not required to install any software on his
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machine to use the Platform. The Platform is User-friendly and is accessible on all software and all
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devices such as Mac/Windows/Linux/Android/iOS.</p>
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<p>The Users may not use the Platform if they are not competent to contract or are disqualified from
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doing so by any other applicable law, rule or regulation currently in force.</p>
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<h3> CONTENT </h3>
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<p>All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names,
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descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by Platform
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and the Platform have control over it and assures a reasonable quality, the accuracy, integrity or
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genuineness of products sold on the Platform.</p>
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<p>All the Content displayed on the Platform is subject to copyright and shall not be reused by any
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party (or a third party) without the prior written consent of the Firm and the copyright owner.</p>
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<p>The Users are solely responsible for the integrity, authenticity, quality and genuineness of the
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feedback and comments by Users can be made via the Platform, the Platform bears no liability
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whatsoever for any feedback or comments made by the Users or made in respect of any of the content
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on the Platform. Further, the Platform reserves its right to suspend the account of any User for an
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indefinite period to be decided at the discretion of the Platform or to terminate the account of any
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User who is found to have created or shared or submitted any Content or part thereof that is found
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to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for
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making good any financial or legal losses incurred through the creation/sharing/submission of
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Content or part thereof that is deemed to be untrue/inaccurate/misleading.</p>
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<p>The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access
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the Content on the Platform. Users shall not copy, adapt, and modify any content without written
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permission of the Firm.</p>
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<h3> TERM </h3>
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<p>1. These Terms shall continue to form a valid and binding contract between the Parties and shall
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continue to be in full force and effect until the User continues to access and use the Platforms.
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</p>
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<p>2. The Users may terminate their use of the Platform at any time.</p>
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<p>3. The Firm may terminate these Terms and close a User’s account at any time without notice and/or
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suspend or terminate a User’s access to the Platform at any time and for any reason, if any
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discrepancy or legal issue arises.</p>
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<p>4. Such suspension or termination shall not limit our right to take any other action against you that
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the Firm considers appropriate.</p>
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<p>5. It is also hereby declared that the Firm may discontinue the Services and Platforms without any
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prior notice.</p>
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<h3> AMENDMENT AND TERMINATION </h3>
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<p>1. The Firm reserves the right, in its sole discretion, to unilaterally to either amend, limit or
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terminate the User’s access to the Platform, or any portion or wholly thereof, at any time, without
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notice or cause.</p>
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<p>2.The Platform also reserves the universal right to deny part or in entirety, the access to
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particular Users or any such Users with similar IP, to any/all of are on its Platform without any
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prior notice/explanation in order to protect the interests of the Platform and/or other visitors to
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the Platform.</p>
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<p>The Platform reserves the right to limit, deny or create different access to the Platform and its
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features with respect to different Users, or to change any of the features or introduce new features
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without prior notice.</p>
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<p>The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that
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the User shall not have the right to terminate these Terms till the expiry of the same.</p>
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<p>COMMUNICATION By using this Platform and providing his/her identity and contact information to the
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Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from
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the Firm and/or any of its representatives at any time. User can report to
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care@{{page.companyName}}.{{page.domain}} if they
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find any discrepancy with regard to Platform or content-related information and the Firm will take
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necessary action after an investigation. The response with resolution (if any issues found) shall be
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dependent on the time is taken for investigation. The User expressly agrees that notwithstanding
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anything contained hereinabove, it may be contacted by the Firm or any representatives relating to
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any Product purchased by the User on the Platform or anything pursuant thereto and the Users agrees
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to indemnify the Firm from any and all harassment claims. It is expressly agreed to by the Parties
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that any information shared by the User with the Firm shall be governed by the Privacy Policy.</p>
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<h3> USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT </h3>
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<p>The Client agrees and acknowledges that they are a restricted user of this Platform and that they:
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</p>
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<p>1. Agree to provide genuine credentials during the process of registration on the Platform. You shall
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not use a fictitious identity to register. The Firm is not liable if the User has provided incorrect
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information.</p>
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<p>2.Agree to ensure the Name, Email address, Address, Mobile number and any such other information
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provided during account registration is valid at all times and shall keep your information accurate
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and up-to-date. The User can update their details anytime through accessing their profile on the
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platform.</p>
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<p>3.Agree that they are solely responsible for maintaining the confidentiality of your account
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password. You agree to notify us immediately of any unauthorized use of your account. Firm reserves
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the right to close your account at any time for any or no reason.</p>
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<p>4. Understand and acknowledge that the data submitted is manually entered into the database of the
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Platform. The User also acknowledges the fact that data so entered into the database is for the
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purpose of easy and ready reference for the User, and to streamline the Services through the
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Platform.</p>
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<p>5. Authorize the Platform to use, store or otherwise process certain personal information and all
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published Content, Client responses, Client locations, User comments, reviews and ratings for
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personalization of Services, marketing and promotional purposes and for optimisation of User-related
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options and Services</p>
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<p>6. Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and their
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successors and assigns, or any of their affiliates or their respective officers, directors,
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employees, agents, licensors, representatives, operational service providers, advertisers or
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suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection
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with or arising from use of the Platform or from this terms of use, including, but not limited to,
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compensatory, consequential, incidental, indirect, special or punitive damages.</p>
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<p>7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post,
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publish or create derivative works from, transfer, or sell any information or obtained from the
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Platform. Any such use/limited use of the Platform will only be allowed with the prior express
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written permission of the Firm.</p>
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<p>Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means
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other than through the interface provided by the Platform. The use of deep-link, robot, spider or
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other automatic devices, program, algorithm or methodology, or any similar or equivalent manual
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process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any
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way reproduce or circumvent the navigational structure or presentation of the Platform, materials or
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any content, or to obtain or attempt to obtain any materials, documents or information through any
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means not specifically made available through the Platform will lead to suspension or termination of
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the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the
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Platform or any of the Services provided therein, it may be exposed to content that it may consider
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offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities arising
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in relation to such offensive content on the Platform.</p>
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<p>Expressly agree and acknowledge that the Content generated by the User and displayed on the Platform
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is not owned by the Firm and that the Firm is in no way responsible for the content of the same. The
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User may, however, report any offensive or objectionable content, which the Firm may then remove
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from the Platform, at its sole discretion</p>
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<p>Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the
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Firm from whom the Users are utilizing services.</p>
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<h3> The User further undertakes not to: </h3>
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<p>1. Engage in any activity that interferes with or disrupts access to the Platform or the Services
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provided therein (or the servers and networks which are connected to the Platform).</p>
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<p>2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation
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with a person or entity.</p>
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<p>3. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform,
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nor breach the security or authentication measures on the Platform or any network connected to the
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Platform. The User may not reverse look-up, trace or seek to trace any information relating to any
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other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User
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account maintained on the Platform not operated/managed by the User, or exploit the Platform or
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information made available or offered by or through the Platform, in any manner.</p>
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<p>4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems
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resources, accounts, passwords, servers or networks connected to or accessible through the Platform
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or any affiliated or linked Platforms.</p>
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<p>5. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited
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by these Terms, or to solicit the performance of any illegal activity or other activity which
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infringes the rights of this Platform or any other third party (s).</p>
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<p>6. Violate any code of conduct or guideline which may be applicable for or to any particular service
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offered on the Platform.</p>
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<p>7. Violate any applicable laws, rules or regulations currently in force within or outside India.</p>
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<p>8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any
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applicable additional terms of the Platform contained herein or elsewhere, whether made by
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amendment, modification, or otherwise.</p>
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<p>9. Commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet
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Establishment (ISP) or in any manner disrupts the Services of any other supplier/service provider of
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the Firm/Platform.</p>
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<p>10. Further:The User hereby expressly authorizes the Firm/Platform to disclose any and all
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information relating to the User in the possession of the Firm/Platform to law enforcement or other
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government officials, as the Firm may in its sole discretion, believe necessary or appropriate in
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connection with the investigation and/or resolution of possible crimes, especially those involve
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personal injury and theft/infringement of intellectual property. The User further understands that
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the Firm/Platform might be directed to disclose any information (including the identity of persons
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providing information or materials on the Platform) as necessary to satisfy any judicial Order, law,
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regulation or valid governmental request.</p>
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<p>11. By indicating User's acceptance to purchase any product or service offered on the site, the user
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is obligated to complete such transactions after making payment. Users shall prohibit from
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indicating their acceptance to avail services where the transactions have remained incomplete.</p>
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<p>12. The User agrees to use the services provided by the Firm, its affiliates, consultants and
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contracted companies, for lawful purposes only.</p>
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<p>13. The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any
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such instances, the Firm reserves all rights to cancel the current and future orders and block the
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concerned User account.</p>
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<p>14. The User agrees to provide authentic and true information. The Firm reserves the right to
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validate the information and other details provided by the User at any point of time. If upon such
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User details are found to be false, not to be true (wholly or partly), the Firm shall in its sole
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discretion reject the registration and debar the User from using the Services available on its
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Website, and/or other affiliated websites without prior intimation whatsoever.</p>
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<p>15. The User agrees not to post any material on the website that is defamatory, offensive, obscene,
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indecent, abusive, or needlessly distressful, or advertising any goods or services. More
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specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in
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any manner share any information that:</p>
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<p>1. belongs to another person and to which the User has no right to.</p>
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<p>2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
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libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
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disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any
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manner whatever.</p>
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<p>3.is in any way harmful to minors.</p>
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<p>4.infringes any patent, trademark, copyright or other proprietary rights.</p>
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<p>5.violates any law for the time being in force.</p>
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<p>6.deceives or misleads the addressee about the origin of such messages or communicates any
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information which is grossly offensive or menacing in nature.</p>
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<p>7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the
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legal rights of others.</p>
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<p>8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with
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a person or entity.</p>
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<p>9. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous,
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defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful,
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or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or
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gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or unlawfully
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harassing including but not limited to indecent 'representation of women' within the meaning of the
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Indecent Representation of Women (Prohibition) Act, 1986;</p>
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<p>10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
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with foreign states, or public order or causes incitement to the commission of any cognizable
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offence or prevents investigation of any offence or is insulting any other nation.</p>
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<h3> SUSPENSION OF USER ACCESS AND ACTIVITY </h3>
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<p>Notwithstanding other legal remedies that may be available, the Firm may in its sole discretion,
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limit the User’s access and/or activity by immediately removing the User’s access credentials either
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temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or
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refuse to usage of the Platform to the User, without being required to provide the User with notice
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or cause:</p>
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<p>1. If the User is in breach any of these Terms or the Policy.</p>
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<p>2. If the User has provided wrong, inaccurate, incomplete or incorrect information.</p>
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<h3> If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, at the
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sole discretion of the Firm. </h3>
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<h3> INDEMNITY </h3>
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<p>The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform, and their
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respective directors, officers, employees and agents (collectively, 'Parties'), from and against any
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and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and
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disbursements in connection therewith and interest chargeable thereon) asserted against or incurred
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by us that arise out of, result from, or maybe payable by virtue of, any breach or non-performance
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of any representation, warranty, covenant or agreement made or obligation to be performed pursuant
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to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against any
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claims made by any third party due to, or arising out of, or in connection with:</p>
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<p>1. User’s use of the Platform.</p>
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<p>2. User’s violation of these Terms and Conditions.</p>
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<p>3. User’s violation of any rights of another.</p>
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<p>4. User’s alleged improper conduct pursuant to these Services.</p>
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<p>5. User’s conduct in connection with the Platform.</p>
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<p>User agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s expense. The
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user also agrees not to reach a settlement with any party without the consent of the Firm.</p>
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<p>In no event shall the Firm/Platform be liable to compensate the User or any third party for any
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special, incidental, indirect, consequential or punitive damages whatsoever, including those
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resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the
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Firm/ Platform had been advised of the possibility of such damages, or based on any theory of
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liability, including breach of contract or warranty, negligence or other tortuous action, or any
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other claim arising out of or in connection with the User’s use of or access to the Platform and/or
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the Services or materials contained therein.</p>
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<h3> LIMITATION OF LIABILITY </h3>
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<p>1. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not responsible for
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any consequences arising out of the following events:</p>
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<p>. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the
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internet connection such as but not limited to slow connectivity, no connectivity, server failure.
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</p>
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<p>. If the User has fed incorrect information or data or for any deletion of data.</p>
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<p>. If there is any deficiency or defect in the Services managed by Us.</p>
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<p>. If there is a failure in the functioning of any other service provided by the Platform.</p>
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<p>2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any
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damage caused to the User, the User’s belongings, or to any third party, resulting from the use or
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misuse of the Platform or any service availed of by the User through the Platform. The service and
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any Content or material displayed on the service is provided without any guarantees, conditions or
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warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be
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liable to you for the unavailability or failure of the Platform.</p>
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<p>3. Users are to comply with all laws applicable to them or to their activities, and with all
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Policies, which are hereby incorporated into this Agreement by reference.</p>
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<p>4.The Platform expressly excludes any liability for any loss or damage that was not reasonably
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foreseeable by the Platform and which is incurred by you in connection with the Platform, including
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loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
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</p>
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<p>5. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party
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for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and
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agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the
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Platform</p>
|
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<p>Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use
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any of the Platform’s, trademarks, service marks, logos, domain names, information, questions,
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answers, solutions, reports and other distinctive brand features, save according to the provisions
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of these Terms. All logos, trademarks, brand names, service marks, domain names, including material,
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designs, and graphics created by and developed by the Platform and other distinctive brand features
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of the Platform are the property of the Firm or the respective copyright or trademark owner.
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Furthermore, with respect to the Platform created by the Firm, the Firm shall be the exclusive owner
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of all the designs, graphics and the like, related to the Platform.</p>
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<h3> INTELLECTUAL PROPERTY RIGHTS </h3>
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<p>The User may not use any of the intellectual property displayed on the Platform in any manner that is
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likely to cause confusion among existing or prospective Users of the Platform, or that in any manner
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disparages or discredits the Firm/Platform, to be determined in the sole discretion of the Firm.</p>
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<p>1. The User agrees and undertakes that they are accessing the Platform at their sole risk and are
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that they are using their best and prudent judgment before availing any service listed on the
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Platform or accessing/using any information displayed thereon.</p>
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<h3> DISCLAIMER OF WARRANTIES AND LIABILITIES </h3>
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<p>2. The User agrees that any kind of information, resources, activities, recommendations
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obtained/availed from Platform, written or oral, will not create any warranty and the Platform
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disclaims all liabilities resulting from these.</p>
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<p>3. The Firm/Platform does not guarantee that the Services contained in the Platform will be
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uninterrupted or error-free, or that the Platform or its server will be free of viruses or other
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harmful components, and the User hereby expressly accepts any and all associated risks involved with
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the User’s use of the Platform.</p>
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<p>It is further agreed to by the Parties that the contents of this Section shall survive even after the
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termination or expiry of the Terms and/or Policy.</p>
|
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<p>Neither the Firm nor the Platform shall be liable for damages for any delay or failure to perform its
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obligations hereunder if such delay or failure is due to cause beyond its control or without its
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fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of
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God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet
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interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or
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unauthorized.</p>
|
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<h3> FORCE MAJEURE </h3>
|
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|
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<p>It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of
|
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these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute
|
|
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|
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Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this
|
|
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Section shall survive even after the termination or expiry of the Terms and/or Policy.</p>
|
|
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|
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<h3> DISPUTE RESOLUTION AND JURISDICTION </h3>
|
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|
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<p>1. <b>Mediation:</b>In case of any dispute between the parties, the Parties will attempt to resolve
|
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|
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the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that
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the Parties are unable to reach such an amicable solution within thirty (30) days of one Party
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communicating the existence of a dispute to any other Party, the dispute will be resolved by
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|
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arbitration, as detailed hereinbelow;</p>
|
|
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|
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<p>1. <b>Arbitration::</b>In the event that the Parties are unable to amicably resolve a dispute by
|
|
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|
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mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the
|
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Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The
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Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her
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sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration
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shall be conducted in English, and the seat of Arbitration shall be Delhi, India.</p>
|
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|
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<p>The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements entered
|
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into between the Parties are governed by the laws, rules and regulations of India</p>
|
|
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<p>Any and all communication relating to any dispute or grievance experienced by the User may be
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|
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communicated to the Firm by the User by emailing to care@{{page.companyName}}.{{page.domain}}.</p>
|
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|
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<h3> NOTICES </h3>
|
|
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|
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<h3> MISCELLANEOUS PROVISIONS </h3>
|
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<p>1. <b>Entire Agreement:</b> These Terms, read with the Policy, form the complete and final contract
|
|
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|
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between the User and the Firm with respect to the subject matter hereof and supersedes all other
|
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communications, representations and agreements (whether oral, written or otherwise) relating
|
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|
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thereto.</p>
|
|
379
|
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<p>2. <b>Waiver:</b>The failure of either Party at any time to require performance of any provision of
|
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these Terms shall in no manner affect such Party's right at a later time to enforce the same. No
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waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or
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more instances, shall be deemed to be or construed as a further or continuing waiver of any such
|
|
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|
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breach, or a waiver of any other breach of these Terms.</b> </p>
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<p>3. <b>Severability:</b> If any provision/clause of these Terms is held to be invalid, illegal or
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|
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unenforceable by any court or authority of competent jurisdiction, the validity, legality and
|
|
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enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or
|
|
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|
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impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to
|
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the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum
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|
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extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the
|
|
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|
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maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as
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|
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|
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expressed herein.</p>
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|
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<p>4.<b> Contact Us</b>: If you have any questions about this Policy, the practices of the Platform, or
|
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|
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your experience with the Service provided by the Platform, you can contact us at
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care@{{page.companyName}}.{{page.domain}}.
|
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</p>
|
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</div>
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<div>
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</div>
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<div>
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{{content}}
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</div>
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</div>
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{% include staticfooter.html %}
|
|
404
|
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{% include script.html %}
|
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</body>
|
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|
|
1
|
+
{% assign file = page.fileName %}
|
|
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|
+
{% assign folder = page.folderName %}
|
|
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|
+
{% assign lang = page.lang %}
|
|
4
|
+
{% assign termsData = site.data[folder][lang][file] %}
|
|
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|
+
<!DOCTYPE html>
|
|
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|
+
<html lang="{{termsData.htmlLangAtt}}">
|
|
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|
+
{% include head/index.html %}
|
|
8
|
+
|
|
9
|
+
<body>
|
|
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|
+
{% include header/index.html %}
|
|
11
|
+
{%- include dropdown/langdropdown.html -%}
|
|
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|
+
<div class="container py-4">
|
|
13
|
+
<h1 class="about-h1 py-4">Terms and condtions</h1>
|
|
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|
+
<div class="py-3">
|
|
15
|
+
<div class="py-3">
|
|
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|
+
<p>We,<b>{{page.companyName}}</b>, registered under the provisions of the Limited Liability Partnership
|
|
17
|
+
Act 2008,
|
|
18
|
+
having its registered office at "Ghaziabad, Uttar Pradesh – 245304, INDIA"
|
|
19
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represented by its Directors, hereinafter referred to as the <b>“FIRM”</b> (where such expression
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shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs,
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representatives, administrators, permitted successors and assigns).</p>
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<p>The Firm ensures steady commitment to Your usage of the Platform and privacy with regard to the
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protection of Your invaluable information. This document contains information about the Website and
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domain https://{{page.companyName}}.{{page.domain}} (hereinafter referred to as the “Platform” ).
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</p>
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<p>For the purpose of these Terms of Use (“Terms”), wherever the context so requires,</p>
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<p>1. “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Firm, as the context so
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requires.</p>
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<p>2. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals who use
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the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
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<p>3. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals who use
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the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
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<p>4. “Third Parties” refer to any Application, Firm or individual apart from the User and the creator
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of this Platform/Domain.</p>
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<p>5. “ The term “User” refers to the individuals who will be using the platform to avail the features
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and the services of the platform.</p>
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<p>6. “ The term “User” refers to the individuals who will be using the platform to avail the features
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and the services of the platform.</p>
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<p>7. “ The headings of each section in these Terms are only for the purpose of comanizing the various
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provisions under these Terms in an orderly manner and shall not be used by either Party to interpret
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the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties
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that the headings shall have no legal or contractual value.</p>
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<p>8. “The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally
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binding agreement between the User and the Firm, and that the User shall be subject to the rules,
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guidelines, policies, terms, and conditions applicable to any service that is provided by the
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Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be
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treated as part and parcel of the same. The User acknowledges and agrees that no signature or
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express act is required to make these Terms and the Policy binding on the User and that the User’s
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act of visiting any part of the Platform constitutes the User’s full and final acceptance of these
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Terms and the aforementioned Policy.</p>
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<p>9. “The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior
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permission or intimation to the User, and the User expressly agrees that any such amendments or
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modifications shall come into effect immediately. The User has a duty to periodically check the
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terms and stay updated on its requirements. If the User continues to use the Platform following such
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a change, the User will be deemed to have consented to any and all amendments/modifications made to
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the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive,
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non-transferable, revocable, limited privilege to access and use the Platform and the Services. If
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the User does not adhere to the changes, You must stop using the Services at once. Your continued
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use of the Services will signify your acceptance of the changed terms.</p>
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<h3> REGISTRATION </h3>
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<p>1. The Users are also provided with an option to link their Facebook/Google accounts with the
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Platform at the time of their registration in order to smoothen the process of registration.</p>
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<p>2. Registration for this Platform is available for all age groups, barring those “Incompetent to
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Contract” which inter alia include insolvents with an exception to Minors.</p>
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<p>3. Further, at any time during Your use of this Platform, including but not limited to the time of
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registration, You are solely responsible for protecting the confidentiality of Your Username and
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password, and any activity under the account shall be deemed to have been done by You. In the case
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that you provide us with false and/or inaccurate details or we have reason to believe you have done
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so, we hold the right to permanently suspend your account. You agree that you will not disclose your
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password to any third party and that you will take sole responsibility for any activities or actions
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under your account, whether or not you have authorized such activities or actions. You will
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immediately notify us of any hereinbelow use of your account.</p>
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<h3> PLATFORM OVERVIEW </h3>
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<p>@{{page.companyName}}.{{page.domain}} is a platform owned and operated by
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@{{page.companyName}}.{{page.domain}} LLP which is a limited liability
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partnership registered under the provisions of the Limited Liability Partnership Act, 2008.</p>
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<p>Servers for this website are hosted on Firebase. User is not required to install any software on his
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machine to use the Platform. The Platform is User-friendly and is accessible on all software and all
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devices such as Mac/Windows/Linux/Android/iOS.</p>
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<h3> ELIGIBILITY </h3>
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<p>Servers for this website are hosted on Firebase. User is not required to install any software on his
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machine to use the Platform. The Platform is User-friendly and is accessible on all software and all
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devices such as Mac/Windows/Linux/Android/iOS.</p>
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<p>The Users may not use the Platform if they are not competent to contract or are disqualified from
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doing so by any other applicable law, rule or regulation currently in force.</p>
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<h3> CONTENT </h3>
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<p>All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names,
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descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by Platform
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and the Platform have control over it and assures a reasonable quality, the accuracy, integrity or
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genuineness of products sold on the Platform.</p>
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<p>All the Content displayed on the Platform is subject to copyright and shall not be reused by any
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party (or a third party) without the prior written consent of the Firm and the copyright owner.</p>
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<p>The Users are solely responsible for the integrity, authenticity, quality and genuineness of the
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feedback and comments by Users can be made via the Platform, the Platform bears no liability
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whatsoever for any feedback or comments made by the Users or made in respect of any of the content
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on the Platform. Further, the Platform reserves its right to suspend the account of any User for an
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indefinite period to be decided at the discretion of the Platform or to terminate the account of any
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User who is found to have created or shared or submitted any Content or part thereof that is found
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to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for
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making good any financial or legal losses incurred through the creation/sharing/submission of
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Content or part thereof that is deemed to be untrue/inaccurate/misleading.</p>
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<p>The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access
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the Content on the Platform. Users shall not copy, adapt, and modify any content without written
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permission of the Firm.</p>
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<h3> TERM </h3>
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<p>1. These Terms shall continue to form a valid and binding contract between the Parties and shall
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continue to be in full force and effect until the User continues to access and use the Platforms.
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</p>
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<p>2. The Users may terminate their use of the Platform at any time.</p>
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<p>3. The Firm may terminate these Terms and close a User’s account at any time without notice and/or
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suspend or terminate a User’s access to the Platform at any time and for any reason, if any
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discrepancy or legal issue arises.</p>
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<p>4. Such suspension or termination shall not limit our right to take any other action against you that
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the Firm considers appropriate.</p>
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<p>5. It is also hereby declared that the Firm may discontinue the Services and Platforms without any
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prior notice.</p>
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<h3> AMENDMENT AND TERMINATION </h3>
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<p>1. The Firm reserves the right, in its sole discretion, to unilaterally to either amend, limit or
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terminate the User’s access to the Platform, or any portion or wholly thereof, at any time, without
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notice or cause.</p>
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<p>2.The Platform also reserves the universal right to deny part or in entirety, the access to
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particular Users or any such Users with similar IP, to any/all of are on its Platform without any
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prior notice/explanation in order to protect the interests of the Platform and/or other visitors to
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the Platform.</p>
|
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<p>The Platform reserves the right to limit, deny or create different access to the Platform and its
|
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features with respect to different Users, or to change any of the features or introduce new features
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without prior notice.</p>
|
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<p>The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that
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the User shall not have the right to terminate these Terms till the expiry of the same.</p>
|
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<p>COMMUNICATION By using this Platform and providing his/her identity and contact information to the
|
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Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from
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the Firm and/or any of its representatives at any time. User can report to
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care@{{page.companyName}}.{{page.domain}} if they
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find any discrepancy with regard to Platform or content-related information and the Firm will take
|
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necessary action after an investigation. The response with resolution (if any issues found) shall be
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dependent on the time is taken for investigation. The User expressly agrees that notwithstanding
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anything contained hereinabove, it may be contacted by the Firm or any representatives relating to
|
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138
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+
any Product purchased by the User on the Platform or anything pursuant thereto and the Users agrees
|
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+
to indemnify the Firm from any and all harassment claims. It is expressly agreed to by the Parties
|
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+
that any information shared by the User with the Firm shall be governed by the Privacy Policy.</p>
|
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|
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<h3> USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT </h3>
|
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<p>The Client agrees and acknowledges that they are a restricted user of this Platform and that they:
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+
</p>
|
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<p>1. Agree to provide genuine credentials during the process of registration on the Platform. You shall
|
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145
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+
not use a fictitious identity to register. The Firm is not liable if the User has provided incorrect
|
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146
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+
information.</p>
|
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147
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<p>2.Agree to ensure the Name, Email address, Address, Mobile number and any such other information
|
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148
|
+
provided during account registration is valid at all times and shall keep your information accurate
|
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149
|
+
and up-to-date. The User can update their details anytime through accessing their profile on the
|
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|
+
platform.</p>
|
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151
|
+
<p>3.Agree that they are solely responsible for maintaining the confidentiality of your account
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152
|
+
password. You agree to notify us immediately of any unauthorized use of your account. Firm reserves
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153
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+
the right to close your account at any time for any or no reason.</p>
|
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<p>4. Understand and acknowledge that the data submitted is manually entered into the database of the
|
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Platform. The User also acknowledges the fact that data so entered into the database is for the
|
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156
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+
purpose of easy and ready reference for the User, and to streamline the Services through the
|
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157
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Platform.</p>
|
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158
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<p>5. Authorize the Platform to use, store or otherwise process certain personal information and all
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159
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+
published Content, Client responses, Client locations, User comments, reviews and ratings for
|
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160
|
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personalization of Services, marketing and promotional purposes and for optimisation of User-related
|
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161
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+
options and Services</p>
|
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162
|
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<p>6. Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and their
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163
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+
successors and assigns, or any of their affiliates or their respective officers, directors,
|
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164
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employees, agents, licensors, representatives, operational service providers, advertisers or
|
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165
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suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection
|
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166
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+
with or arising from use of the Platform or from this terms of use, including, but not limited to,
|
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167
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+
compensatory, consequential, incidental, indirect, special or punitive damages.</p>
|
|
168
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+
<p>7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post,
|
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169
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+
publish or create derivative works from, transfer, or sell any information or obtained from the
|
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Platform. Any such use/limited use of the Platform will only be allowed with the prior express
|
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171
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written permission of the Firm.</p>
|
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172
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<p>Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means
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other than through the interface provided by the Platform. The use of deep-link, robot, spider or
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174
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other automatic devices, program, algorithm or methodology, or any similar or equivalent manual
|
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175
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+
process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any
|
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176
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way reproduce or circumvent the navigational structure or presentation of the Platform, materials or
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any content, or to obtain or attempt to obtain any materials, documents or information through any
|
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178
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means not specifically made available through the Platform will lead to suspension or termination of
|
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the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the
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+
Platform or any of the Services provided therein, it may be exposed to content that it may consider
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181
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+
offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities arising
|
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in relation to such offensive content on the Platform.</p>
|
|
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+
<p>Expressly agree and acknowledge that the Content generated by the User and displayed on the Platform
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is not owned by the Firm and that the Firm is in no way responsible for the content of the same. The
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User may, however, report any offensive or objectionable content, which the Firm may then remove
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from the Platform, at its sole discretion</p>
|
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<p>Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the
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Firm from whom the Users are utilizing services.</p>
|
|
189
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<h3> The User further undertakes not to: </h3>
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<p>1. Engage in any activity that interferes with or disrupts access to the Platform or the Services
|
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191
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+
provided therein (or the servers and networks which are connected to the Platform).</p>
|
|
192
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+
<p>2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation
|
|
193
|
+
with a person or entity.</p>
|
|
194
|
+
<p>3. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform,
|
|
195
|
+
nor breach the security or authentication measures on the Platform or any network connected to the
|
|
196
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+
Platform. The User may not reverse look-up, trace or seek to trace any information relating to any
|
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197
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+
other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User
|
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account maintained on the Platform not operated/managed by the User, or exploit the Platform or
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199
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+
information made available or offered by or through the Platform, in any manner.</p>
|
|
200
|
+
<p>4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems
|
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201
|
+
resources, accounts, passwords, servers or networks connected to or accessible through the Platform
|
|
202
|
+
or any affiliated or linked Platforms.</p>
|
|
203
|
+
<p>5. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited
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204
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+
by these Terms, or to solicit the performance of any illegal activity or other activity which
|
|
205
|
+
infringes the rights of this Platform or any other third party (s).</p>
|
|
206
|
+
<p>6. Violate any code of conduct or guideline which may be applicable for or to any particular service
|
|
207
|
+
offered on the Platform.</p>
|
|
208
|
+
<p>7. Violate any applicable laws, rules or regulations currently in force within or outside India.</p>
|
|
209
|
+
<p>8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any
|
|
210
|
+
applicable additional terms of the Platform contained herein or elsewhere, whether made by
|
|
211
|
+
amendment, modification, or otherwise.</p>
|
|
212
|
+
<p>9. Commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet
|
|
213
|
+
Establishment (ISP) or in any manner disrupts the Services of any other supplier/service provider of
|
|
214
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+
the Firm/Platform.</p>
|
|
215
|
+
<p>10. Further:The User hereby expressly authorizes the Firm/Platform to disclose any and all
|
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216
|
+
information relating to the User in the possession of the Firm/Platform to law enforcement or other
|
|
217
|
+
government officials, as the Firm may in its sole discretion, believe necessary or appropriate in
|
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218
|
+
connection with the investigation and/or resolution of possible crimes, especially those involve
|
|
219
|
+
personal injury and theft/infringement of intellectual property. The User further understands that
|
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220
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+
the Firm/Platform might be directed to disclose any information (including the identity of persons
|
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221
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+
providing information or materials on the Platform) as necessary to satisfy any judicial Order, law,
|
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222
|
+
regulation or valid governmental request.</p>
|
|
223
|
+
<p>11. By indicating User's acceptance to purchase any product or service offered on the site, the user
|
|
224
|
+
is obligated to complete such transactions after making payment. Users shall prohibit from
|
|
225
|
+
indicating their acceptance to avail services where the transactions have remained incomplete.</p>
|
|
226
|
+
<p>12. The User agrees to use the services provided by the Firm, its affiliates, consultants and
|
|
227
|
+
contracted companies, for lawful purposes only.</p>
|
|
228
|
+
<p>13. The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any
|
|
229
|
+
such instances, the Firm reserves all rights to cancel the current and future orders and block the
|
|
230
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+
concerned User account.</p>
|
|
231
|
+
<p>14. The User agrees to provide authentic and true information. The Firm reserves the right to
|
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232
|
+
validate the information and other details provided by the User at any point of time. If upon such
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233
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+
User details are found to be false, not to be true (wholly or partly), the Firm shall in its sole
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234
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+
discretion reject the registration and debar the User from using the Services available on its
|
|
235
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+
Website, and/or other affiliated websites without prior intimation whatsoever.</p>
|
|
236
|
+
<p>15. The User agrees not to post any material on the website that is defamatory, offensive, obscene,
|
|
237
|
+
indecent, abusive, or needlessly distressful, or advertising any goods or services. More
|
|
238
|
+
specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in
|
|
239
|
+
any manner share any information that:</p>
|
|
240
|
+
<p>1. belongs to another person and to which the User has no right to.</p>
|
|
241
|
+
<p>2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
|
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242
|
+
libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
|
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243
|
+
disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any
|
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244
|
+
manner whatever.</p>
|
|
245
|
+
<p>3.is in any way harmful to minors.</p>
|
|
246
|
+
<p>4.infringes any patent, trademark, copyright or other proprietary rights.</p>
|
|
247
|
+
<p>5.violates any law for the time being in force.</p>
|
|
248
|
+
<p>6.deceives or misleads the addressee about the origin of such messages or communicates any
|
|
249
|
+
information which is grossly offensive or menacing in nature.</p>
|
|
250
|
+
<p>7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the
|
|
251
|
+
legal rights of others.</p>
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<p>8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with
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a person or entity.</p>
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<p>9. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous,
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defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful,
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or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or
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gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or unlawfully
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harassing including but not limited to indecent 'representation of women' within the meaning of the
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Indecent Representation of Women (Prohibition) Act, 1986;</p>
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<p>10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
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with foreign states, or public order or causes incitement to the commission of any cognizable
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offence or prevents investigation of any offence or is insulting any other nation.</p>
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<h3> SUSPENSION OF USER ACCESS AND ACTIVITY </h3>
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<p>Notwithstanding other legal remedies that may be available, the Firm may in its sole discretion,
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limit the User’s access and/or activity by immediately removing the User’s access credentials either
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temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or
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refuse to usage of the Platform to the User, without being required to provide the User with notice
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or cause:</p>
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<p>1. If the User is in breach any of these Terms or the Policy.</p>
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<p>2. If the User has provided wrong, inaccurate, incomplete or incorrect information.</p>
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<h3> If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, at the
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sole discretion of the Firm. </h3>
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<h3> INDEMNITY </h3>
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<p>The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform, and their
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respective directors, officers, employees and agents (collectively, 'Parties'), from and against any
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and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and
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disbursements in connection therewith and interest chargeable thereon) asserted against or incurred
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by us that arise out of, result from, or maybe payable by virtue of, any breach or non-performance
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of any representation, warranty, covenant or agreement made or obligation to be performed pursuant
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to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against any
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claims made by any third party due to, or arising out of, or in connection with:</p>
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<p>1. User’s use of the Platform.</p>
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<p>2. User’s violation of these Terms and Conditions.</p>
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<p>3. User’s violation of any rights of another.</p>
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<p>4. User’s alleged improper conduct pursuant to these Services.</p>
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<p>5. User’s conduct in connection with the Platform.</p>
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<p>User agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s expense. The
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user also agrees not to reach a settlement with any party without the consent of the Firm.</p>
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<p>In no event shall the Firm/Platform be liable to compensate the User or any third party for any
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special, incidental, indirect, consequential or punitive damages whatsoever, including those
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resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the
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Firm/ Platform had been advised of the possibility of such damages, or based on any theory of
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liability, including breach of contract or warranty, negligence or other tortuous action, or any
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other claim arising out of or in connection with the User’s use of or access to the Platform and/or
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the Services or materials contained therein.</p>
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<h3> LIMITATION OF LIABILITY </h3>
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<p>1. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not responsible for
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any consequences arising out of the following events:</p>
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<p>. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the
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internet connection such as but not limited to slow connectivity, no connectivity, server failure.
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</p>
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<p>. If the User has fed incorrect information or data or for any deletion of data.</p>
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<p>. If there is any deficiency or defect in the Services managed by Us.</p>
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<p>. If there is a failure in the functioning of any other service provided by the Platform.</p>
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<p>2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any
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damage caused to the User, the User’s belongings, or to any third party, resulting from the use or
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misuse of the Platform or any service availed of by the User through the Platform. The service and
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any Content or material displayed on the service is provided without any guarantees, conditions or
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warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be
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liable to you for the unavailability or failure of the Platform.</p>
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<p>3. Users are to comply with all laws applicable to them or to their activities, and with all
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Policies, which are hereby incorporated into this Agreement by reference.</p>
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<p>4.The Platform expressly excludes any liability for any loss or damage that was not reasonably
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foreseeable by the Platform and which is incurred by you in connection with the Platform, including
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loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
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</p>
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<p>5. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party
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for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and
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agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the
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Platform</p>
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<p>Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use
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any of the Platform’s, trademarks, service marks, logos, domain names, information, questions,
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answers, solutions, reports and other distinctive brand features, save according to the provisions
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of these Terms. All logos, trademarks, brand names, service marks, domain names, including material,
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designs, and graphics created by and developed by the Platform and other distinctive brand features
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of the Platform are the property of the Firm or the respective copyright or trademark owner.
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Furthermore, with respect to the Platform created by the Firm, the Firm shall be the exclusive owner
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of all the designs, graphics and the like, related to the Platform.</p>
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<h3> INTELLECTUAL PROPERTY RIGHTS </h3>
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<p>The User may not use any of the intellectual property displayed on the Platform in any manner that is
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likely to cause confusion among existing or prospective Users of the Platform, or that in any manner
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disparages or discredits the Firm/Platform, to be determined in the sole discretion of the Firm.</p>
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<p>1. The User agrees and undertakes that they are accessing the Platform at their sole risk and are
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that they are using their best and prudent judgment before availing any service listed on the
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Platform or accessing/using any information displayed thereon.</p>
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<h3> DISCLAIMER OF WARRANTIES AND LIABILITIES </h3>
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<p>2. The User agrees that any kind of information, resources, activities, recommendations
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obtained/availed from Platform, written or oral, will not create any warranty and the Platform
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disclaims all liabilities resulting from these.</p>
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<p>3. The Firm/Platform does not guarantee that the Services contained in the Platform will be
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uninterrupted or error-free, or that the Platform or its server will be free of viruses or other
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harmful components, and the User hereby expressly accepts any and all associated risks involved with
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the User’s use of the Platform.</p>
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<p>It is further agreed to by the Parties that the contents of this Section shall survive even after the
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termination or expiry of the Terms and/or Policy.</p>
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<p>Neither the Firm nor the Platform shall be liable for damages for any delay or failure to perform its
|
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obligations hereunder if such delay or failure is due to cause beyond its control or without its
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fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of
|
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God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet
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interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or
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unauthorized.</p>
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<h3> FORCE MAJEURE </h3>
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<p>It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of
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these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute
|
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+
Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this
|
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+
Section shall survive even after the termination or expiry of the Terms and/or Policy.</p>
|
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<h3> DISPUTE RESOLUTION AND JURISDICTION </h3>
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<p>1. <b>Mediation:</b>In case of any dispute between the parties, the Parties will attempt to resolve
|
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+
the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that
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the Parties are unable to reach such an amicable solution within thirty (30) days of one Party
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communicating the existence of a dispute to any other Party, the dispute will be resolved by
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arbitration, as detailed hereinbelow;</p>
|
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<p>1. <b>Arbitration::</b>In the event that the Parties are unable to amicably resolve a dispute by
|
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+
mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the
|
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Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The
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Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her
|
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+
sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration
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shall be conducted in English, and the seat of Arbitration shall be Delhi, India.</p>
|
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<p>The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements entered
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+
into between the Parties are governed by the laws, rules and regulations of India</p>
|
|
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+
<p>Any and all communication relating to any dispute or grievance experienced by the User may be
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communicated to the Firm by the User by emailing to care@{{page.companyName}}.{{page.domain}}.</p>
|
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<h3> NOTICES </h3>
|
|
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<h3> MISCELLANEOUS PROVISIONS </h3>
|
|
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<p>1. <b>Entire Agreement:</b> These Terms, read with the Policy, form the complete and final contract
|
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+
between the User and the Firm with respect to the subject matter hereof and supersedes all other
|
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+
communications, representations and agreements (whether oral, written or otherwise) relating
|
|
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|
+
thereto.</p>
|
|
379
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+
<p>2. <b>Waiver:</b>The failure of either Party at any time to require performance of any provision of
|
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+
these Terms shall in no manner affect such Party's right at a later time to enforce the same. No
|
|
381
|
+
waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or
|
|
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+
more instances, shall be deemed to be or construed as a further or continuing waiver of any such
|
|
383
|
+
breach, or a waiver of any other breach of these Terms.</b> </p>
|
|
384
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+
<p>3. <b>Severability:</b> If any provision/clause of these Terms is held to be invalid, illegal or
|
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|
+
unenforceable by any court or authority of competent jurisdiction, the validity, legality and
|
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|
+
enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or
|
|
387
|
+
impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to
|
|
388
|
+
the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum
|
|
389
|
+
extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the
|
|
390
|
+
maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as
|
|
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|
+
expressed herein.</p>
|
|
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+
<p>4.<b> Contact Us</b>: If you have any questions about this Policy, the practices of the Platform, or
|
|
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+
your experience with the Service provided by the Platform, you can contact us at
|
|
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+
care@{{page.companyName}}.{{page.domain}}.
|
|
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|
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</p>
|
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</div>
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<div>
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</div>
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<div>
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{{content}}
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</div>
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</div>
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{% include staticfooter.html %}
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{% include script.html %}
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</body>
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</html>
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