appscms-tools-theme 1.8.9 → 1.9.2

Sign up to get free protection for your applications and to get access to all the features.
@@ -10,391 +10,626 @@
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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">Privacy Policy</h1>
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- <div class="py-3">
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- <p> We, <b>{{ page.companyName }}</b>, hereinafter referred to as the “FIRM” (where such expression shall,
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- 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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- <div class="py-3">
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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 }} (hereinafter referred to as the “Platform” ).</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 }} is a platform owned and operated by @{{ page.companyName }} LLP which is a
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- limited
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- liability partnership registered under the provisions of the Limited Liability Partnership Act,
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- 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 care@{{ page.companyName
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- }} if
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- they find any discrepancy with regard to Platform or content-related information and the Firm will
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- take necessary action after an investigation. The response with resolution (if any issues found)
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- shall be dependent on the time is taken for investigation. The User expressly agrees that
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- notwithstanding anything contained hereinabove, it may be contacted by the Firm or any
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- representatives relating to any Product purchased by the User on the Platform or anything pursuant
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- thereto and the Users agrees to indemnify the Firm from any and all harassment claims. It is
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- expressly agreed to by the Parties that any information shared by the User with the Firm shall be
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- 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>
351
- <p>It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of
352
- these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute
353
- Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this
354
- Section shall survive even after the termination or expiry of the Terms and/or Policy.</p>
355
- <h3> DISPUTE RESOLUTION AND JURISDICTION </h3>
356
- <p>1. <b>Mediation:</b>In case of any dispute between the parties, the Parties will attempt to resolve
357
- the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that
358
- the Parties are unable to reach such an amicable solution within thirty (30) days of one Party
359
- communicating the existence of a dispute to any other Party, the dispute will be resolved by
360
- arbitration, as detailed hereinbelow;</p>
361
- <p>1. <b>Arbitration::</b>In the event that the Parties are unable to amicably resolve a dispute by
362
- mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the
363
- Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The
364
- Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her
365
- sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration
366
- shall be conducted in English, and the seat of Arbitration shall be Delhi, India.</p>
367
- <p>The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements entered
368
- into between the Parties are governed by the laws, rules and regulations of India</p>
369
- <p>Any and all communication relating to any dispute or grievance experienced by the User may be
370
- communicated to the Firm by the User by emailing to care@{{ page.companyName }}.</p>
371
- <h3> NOTICES </h3>
372
- <h3> MISCELLANEOUS PROVISIONS </h3>
373
- <p>1. <b>Entire Agreement:</b> These Terms, read with the Policy, form the complete and final contract
374
- between the User and the Firm with respect to the subject matter hereof and supersedes all other
375
- communications, representations and agreements (whether oral, written or otherwise) relating
376
- thereto.</p>
377
- <p>2. <b>Waiver:</b>The failure of either Party at any time to require performance of any provision of
378
- these Terms shall in no manner affect such Party's right at a later time to enforce the same. No
379
- waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or
380
- more instances, shall be deemed to be or construed as a further or continuing waiver of any such
381
- breach, or a waiver of any other breach of these Terms. </p>
382
- <p>3. <b>Severability:</b> If any provision/clause of these Terms is held to be invalid, illegal or
383
- unenforceable by any court or authority of competent jurisdiction, the validity, legality and
384
- enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or
385
- impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to
386
- the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum
387
- extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the
388
- maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as
389
- expressed herein.</p>
390
- <p>4.<b> Contact Us</b>: If you have any questions about this Policy, the practices of the Platform, or
391
- your experience with the Service provided by the Platform, you can contact us at
392
- care@{{ page.companyName }}.</p>
13
+ {%- if site.monumetricId -%}
14
+ <div class="row">
15
+ <div class="col-md-9 mx-auto">
16
+ {%- endif -%}
17
+ <h1 class="about-h1 py-4">Privacy Policy</h1>
18
+ <div class="py-3">
19
+ <p> We, <b>{{ page.companyName }}</b>, hereinafter referred to as the “FIRM” (where such expression
20
+ shall,
21
+ unless repugnant to the context thereof, be deemed to include its respective legal heirs,
22
+ representatives, administrators, permitted successors and assigns).</p>
23
+ <div class="py-3">
24
+ <p>The Firm ensures steady commitment to Your usage of the Platform and privacy with regard to
25
+ the
26
+ protection of Your invaluable information. This document contains information about the
27
+ Website and
28
+ domain https://{{ page.companyName }} (hereinafter referred to as the “Platform” ).</p>
29
+ <p>For the purpose of these Terms of Use (“Terms”), wherever the context so requires,</p>
30
+ <p>1. “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Firm, as the context
31
+ so
32
+ requires.</p>
33
+ <p>2. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals
34
+ who use
35
+ the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
36
+ <p>3. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals
37
+ who use
38
+ the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
39
+ <p>4. “Third Parties” refer to any Application, Firm or individual apart from the User and the
40
+ creator
41
+ of this Platform/Domain.</p>
42
+ <p>5. The term “User” refers to the individuals who will be using the platform to avail the
43
+ features
44
+ and the services of the platform.</p>
45
+ <p>6. The term “User” refers to the individuals who will be using the platform to avail the
46
+ features
47
+ and the services of the platform.</p>
48
+ <p>7. The headings of each section in these Terms are only for the purpose of comanizing the
49
+ various
50
+ provisions under these Terms in an orderly manner and shall not be used by either Party to
51
+ interpret
52
+ the provisions contained herein in any manner. Further, it is specifically agreed to by the
53
+ Parties
54
+ that the headings shall have no legal or contractual value.</p>
55
+ <p>8. “The User unequivocally agrees that these Terms and the aforementioned Policy constitute a
56
+ legally
57
+ binding agreement between the User and the Firm, and that the User shall be subject to the
58
+ rules,
59
+ guidelines, policies, terms, and conditions applicable to any service that is provided by
60
+ the
61
+ Platform, and that the same shall be deemed to be incorporated into these Terms, and shall
62
+ be
63
+ treated as part and parcel of the same. The User acknowledges and agrees that no signature
64
+ or
65
+ express act is required to make these Terms and the Policy binding on the User and that the
66
+ User’s
67
+ act of visiting any part of the Platform constitutes the User’s full and final acceptance of
68
+ these
69
+ Terms and the aforementioned Policy.</p>
70
+ <p>9. “The Firm reserves the sole and exclusive right to amend or modify these Terms without any
71
+ prior
72
+ permission or intimation to the User, and the User expressly agrees that any such amendments
73
+ or
74
+ modifications shall come into effect immediately. The User has a duty to periodically check
75
+ the
76
+ terms and stay updated on its requirements. If the User continues to use the Platform
77
+ following such
78
+ a change, the User will be deemed to have consented to any and all amendments/modifications
79
+ made to
80
+ the Terms. In so far as the User complies with these Terms, it is granted a personal,
81
+ non-exclusive,
82
+ non-transferable, revocable, limited privilege to access and use the Platform and the
83
+ Services. If
84
+ the User does not adhere to the changes, You must stop using the Services at once. Your
85
+ continued
86
+ use of the Services will signify your acceptance of the changed terms.</p>
87
+ <h3> REGISTRATION </h3>
88
+ <p>1. The Users are also provided with an option to link their Facebook/Google accounts with the
89
+ Platform at the time of their registration in order to smoothen the process of registration.
90
+ </p>
91
+ <p>2. Registration for this Platform is available for all age groups, barring those “Incompetent
92
+ to
93
+ Contract” which inter alia include insolvents with an exception to Minors.</p>
94
+ <p>3. Further, at any time during Your use of this Platform, including but not limited to the
95
+ time of
96
+ registration, You are solely responsible for protecting the confidentiality of Your Username
97
+ and
98
+ password, and any activity under the account shall be deemed to have been done by You. In
99
+ the case
100
+ that you provide us with false and/or inaccurate details or we have reason to believe you
101
+ have done
102
+ so, we hold the right to permanently suspend your account. You agree that you will not
103
+ disclose your
104
+ password to any third party and that you will take sole responsibility for any activities or
105
+ actions
106
+ under your account, whether or not you have authorized such activities or actions. You will
107
+ immediately notify us of any hereinbelow use of your account.</p>
108
+ <h3> PLATFORM OVERVIEW </h3>
109
+ <p>@{{ page.companyName }} is a platform owned and operated by @{{ page.companyName }} LLP which
110
+ is a
111
+ limited
112
+ liability partnership registered under the provisions of the Limited Liability Partnership
113
+ Act,
114
+ 2008.</p>
115
+ <p>Servers for this website are hosted on Firebase. User is not required to install any software
116
+ on his
117
+ machine to use the Platform. The Platform is User-friendly and is accessible on all software
118
+ and all
119
+ devices such as Mac/Windows/Linux/Android/iOS.</p>
120
+ <h3> ELIGIBILITY </h3>
121
+ <p>Servers for this website are hosted on Firebase. User is not required to install any software
122
+ on his
123
+ machine to use the Platform. The Platform is User-friendly and is accessible on all software
124
+ and all
125
+ devices such as Mac/Windows/Linux/Android/iOS.</p>
126
+ <p>The Users may not use the Platform if they are not competent to contract or are disqualified
127
+ from
128
+ doing so by any other applicable law, rule or regulation currently in force.</p>
129
+ <h3> CONTENT </h3>
130
+ <p>All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand
131
+ names,
132
+ descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by
133
+ Platform
134
+ and the Platform have control over it and assures a reasonable quality, the accuracy,
135
+ integrity or
136
+ genuineness of products sold on the Platform.</p>
137
+ <p>All the Content displayed on the Platform is subject to copyright and shall not be reused by
138
+ any
139
+ party (or a third party) without the prior written consent of the Firm and the copyright
140
+ owner.</p>
141
+ <p>The Users are solely responsible for the integrity, authenticity, quality and genuineness of
142
+ the
143
+ feedback and comments by Users can be made via the Platform, the Platform bears no liability
144
+ whatsoever for any feedback or comments made by the Users or made in respect of any of the
145
+ content
146
+ on the Platform. Further, the Platform reserves its right to suspend the account of any User
147
+ for an
148
+ indefinite period to be decided at the discretion of the Platform or to terminate the
149
+ account of any
150
+ User who is found to have created or shared or submitted any Content or part thereof that is
151
+ found
152
+ to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible
153
+ for
154
+ making good any financial or legal losses incurred through the creation/sharing/submission
155
+ of
156
+ Content or part thereof that is deemed to be untrue/inaccurate/misleading.</p>
157
+ <p>The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to
158
+ access
159
+ the Content on the Platform. Users shall not copy, adapt, and modify any content without
160
+ written
161
+ permission of the Firm.</p>
162
+ <h3> TERM </h3>
163
+ <p>1. These Terms shall continue to form a valid and binding contract between the Parties and
164
+ shall
165
+ continue to be in full force and effect until the User continues to access and use the
166
+ Platforms.
167
+ </p>
168
+ <p>2. The Users may terminate their use of the Platform at any time.</p>
169
+ <p>3. The Firm may terminate these Terms and close a User’s account at any time without notice
170
+ and/or
171
+ suspend or terminate a User’s access to the Platform at any time and for any reason, if any
172
+ discrepancy or legal issue arises.</p>
173
+ <p>4. Such suspension or termination shall not limit our right to take any other action against
174
+ you that
175
+ the Firm considers appropriate.</p>
176
+ <p>5. It is also hereby declared that the Firm may discontinue the Services and Platforms
177
+ without any
178
+ prior notice.</p>
179
+ <h3> AMENDMENT AND TERMINATION </h3>
180
+ <p>1. The Firm reserves the right, in its sole discretion, to unilaterally to either amend,
181
+ limit or
182
+ terminate the User’s access to the Platform, or any portion or wholly thereof, at any time,
183
+ without
184
+ notice or cause.</p>
185
+ <p>2.The Platform also reserves the universal right to deny part or in entirety, the access to
186
+ particular Users or any such Users with similar IP, to any/all of are on its Platform
187
+ without any
188
+ prior notice/explanation in order to protect the interests of the Platform and/or other
189
+ visitors to
190
+ the Platform.</p>
191
+ <p>The Platform reserves the right to limit, deny or create different access to the Platform and
192
+ its
193
+ features with respect to different Users, or to change any of the features or introduce new
194
+ features
195
+ without prior notice.</p>
196
+ <p>The User shall continue to be bound by these Terms, and it is expressly agreed to by the
197
+ Parties that
198
+ the User shall not have the right to terminate these Terms till the expiry of the same.</p>
199
+ <p>COMMUNICATION By using this Platform and providing his/her identity and contact information
200
+ to the
201
+ Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails or
202
+ SMS from
203
+ the Firm and/or any of its representatives at any time. User can report to care@{{
204
+ page.companyName
205
+ }} if
206
+ they find any discrepancy with regard to Platform or content-related information and the
207
+ Firm will
208
+ take necessary action after an investigation. The response with resolution (if any issues
209
+ found)
210
+ shall be dependent on the time is taken for investigation. The User expressly agrees that
211
+ notwithstanding anything contained hereinabove, it may be contacted by the Firm or any
212
+ representatives relating to any Product purchased by the User on the Platform or anything
213
+ pursuant
214
+ thereto and the Users agrees to indemnify the Firm from any and all harassment claims. It is
215
+ expressly agreed to by the Parties that any information shared by the User with the Firm
216
+ shall be
217
+ governed by the Privacy Policy.</p>
218
+ <h3> USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT </h3>
219
+ <p>The Client agrees and acknowledges that they are a restricted user of this Platform and that
220
+ they:
221
+ </p>
222
+ <p>1. Agree to provide genuine credentials during the process of registration on the Platform.
223
+ You shall
224
+ not use a fictitious identity to register. The Firm is not liable if the User has provided
225
+ incorrect
226
+ information.</p>
227
+ <p>2.Agree to ensure the Name, Email address, Address, Mobile number and any such other
228
+ information
229
+ provided during account registration is valid at all times and shall keep your information
230
+ accurate
231
+ and up-to-date. The User can update their details anytime through accessing their profile on
232
+ the
233
+ platform.</p>
234
+ <p>3.Agree that they are solely responsible for maintaining the confidentiality of your account
235
+ password. You agree to notify us immediately of any unauthorized use of your account. Firm
236
+ reserves
237
+ the right to close your account at any time for any or no reason.</p>
238
+ <p>4. Understand and acknowledge that the data submitted is manually entered into the database
239
+ of the
240
+ Platform. The User also acknowledges the fact that data so entered into the database is for
241
+ the
242
+ purpose of easy and ready reference for the User, and to streamline the Services through the
243
+ Platform.</p>
244
+ <p>5. Authorize the Platform to use, store or otherwise process certain personal information and
245
+ all
246
+ published Content, Client responses, Client locations, User comments, reviews and ratings
247
+ for
248
+ personalization of Services, marketing and promotional purposes and for optimisation of
249
+ User-related
250
+ options and Services</p>
251
+ <p>6. Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and
252
+ their
253
+ successors and assigns, or any of their affiliates or their respective officers, directors,
254
+ employees, agents, licensors, representatives, operational service providers, advertisers or
255
+ suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in
256
+ connection
257
+ with or arising from use of the Platform or from this terms of use, including, but not
258
+ limited to,
259
+ compensatory, consequential, incidental, indirect, special or punitive damages.</p>
260
+ <p>7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate,
261
+ post,
262
+ publish or create derivative works from, transfer, or sell any information or obtained from
263
+ the
264
+ Platform. Any such use/limited use of the Platform will only be allowed with the prior
265
+ express
266
+ written permission of the Firm.</p>
267
+ <p>Agree not to access (or attempt to access) the Platform and/or the materials or Services by
268
+ any means
269
+ other than through the interface provided by the Platform. The use of deep-link, robot,
270
+ spider or
271
+ other automatic devices, program, algorithm or methodology, or any similar or equivalent
272
+ manual
273
+ process, to access, acquire, copy or monitor any portion of the Platform or its content, or
274
+ in any
275
+ way reproduce or circumvent the navigational structure or presentation of the Platform,
276
+ materials or
277
+ any content, or to obtain or attempt to obtain any materials, documents or information
278
+ through any
279
+ means not specifically made available through the Platform will lead to suspension or
280
+ termination of
281
+ the User’s access to the Platform. The User acknowledges and agrees that by accessing or
282
+ using the
283
+ Platform or any of the Services provided therein, it may be exposed to content that it may
284
+ consider
285
+ offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities
286
+ arising
287
+ in relation to such offensive content on the Platform.</p>
288
+ <p>Expressly agree and acknowledge that the Content generated by the User and displayed on the
289
+ Platform
290
+ is not owned by the Firm and that the Firm is in no way responsible for the content of the
291
+ same. The
292
+ User may, however, report any offensive or objectionable content, which the Firm may then
293
+ remove
294
+ from the Platform, at its sole discretion</p>
295
+ <p>Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated
296
+ with the
297
+ Firm from whom the Users are utilizing services.</p>
298
+ <h3> The User further undertakes not to: </h3>
299
+ <p>1. Engage in any activity that interferes with or disrupts access to the Platform or the
300
+ Services
301
+ provided therein (or the servers and networks which are connected to the Platform).</p>
302
+ <p>2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her
303
+ affiliation
304
+ with a person or entity.</p>
305
+ <p>3. Probe, scan or test the vulnerability of the Platform or any network connected to the
306
+ Platform,
307
+ nor breach the security or authentication measures on the Platform or any network connected
308
+ to the
309
+ Platform. The User may not reverse look-up, trace or seek to trace any information relating
310
+ to any
311
+ other User of, or visitor to, the Platform, or any other viewer of the Platform, including
312
+ any User
313
+ account maintained on the Platform not operated/managed by the User, or exploit the Platform
314
+ or
315
+ information made available or offered by or through the Platform, in any manner.</p>
316
+ <p>4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform,
317
+ systems
318
+ resources, accounts, passwords, servers or networks connected to or accessible through the
319
+ Platform
320
+ or any affiliated or linked Platforms.</p>
321
+ <p>5. Use the Platform or any material or content therein for any purpose that is unlawful or
322
+ prohibited
323
+ by these Terms, or to solicit the performance of any illegal activity or other activity
324
+ which
325
+ infringes the rights of this Platform or any other third party (s).</p>
326
+ <p>6. Violate any code of conduct or guideline which may be applicable for or to any particular
327
+ service
328
+ offered on the Platform.</p>
329
+ <p>7. Violate any applicable laws, rules or regulations currently in force within or outside
330
+ India.</p>
331
+ <p>8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any
332
+ applicable additional terms of the Platform contained herein or elsewhere, whether made by
333
+ amendment, modification, or otherwise.</p>
334
+ <p>9. Commit any act that causes the Firm to lose (in whole or in part) the Services of its
335
+ Internet
336
+ Establishment (ISP) or in any manner disrupts the Services of any other supplier/service
337
+ provider of
338
+ the Firm/Platform.</p>
339
+ <p>10. Further:The User hereby expressly authorizes the Firm/Platform to disclose any and all
340
+ information relating to the User in the possession of the Firm/Platform to law enforcement
341
+ or other
342
+ government officials, as the Firm may in its sole discretion, believe necessary or
343
+ appropriate in
344
+ connection with the investigation and/or resolution of possible crimes, especially those
345
+ involve
346
+ personal injury and theft/infringement of intellectual property. The User further
347
+ understands that
348
+ the Firm/Platform might be directed to disclose any information (including the identity of
349
+ persons
350
+ providing information or materials on the Platform) as necessary to satisfy any judicial
351
+ Order, law,
352
+ regulation or valid governmental request.</p>
353
+ <p>11. By indicating User's acceptance to purchase any product or service offered on the site,
354
+ the user
355
+ is obligated to complete such transactions after making payment. Users shall prohibit from
356
+ indicating their acceptance to avail services where the transactions have remained
357
+ incomplete.</p>
358
+ <p>12. The User agrees to use the services provided by the Firm, its affiliates, consultants and
359
+ contracted companies, for lawful purposes only.</p>
360
+ <p>13. The User agrees not to make any bulk purchase to indulge in any resale activities. In
361
+ case of any
362
+ such instances, the Firm reserves all rights to cancel the current and future orders and
363
+ block the
364
+ concerned User account.</p>
365
+ <p>14. The User agrees to provide authentic and true information. The Firm reserves the right to
366
+ validate the information and other details provided by the User at any point of time. If
367
+ upon such
368
+ User details are found to be false, not to be true (wholly or partly), the Firm shall in its
369
+ sole
370
+ discretion reject the registration and debar the User from using the Services available on
371
+ its
372
+ Website, and/or other affiliated websites without prior intimation whatsoever.</p>
373
+ <p>15. The User agrees not to post any material on the website that is defamatory, offensive,
374
+ obscene,
375
+ indecent, abusive, or needlessly distressful, or advertising any goods or services. More
376
+ specifically, the User agrees not to host, display, upload, update, publish, modify,
377
+ transmit, or in
378
+ any manner share any information that:</p>
379
+ <p>1. belongs to another person and to which the User has no right to.</p>
380
+ <p>2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
381
+ paedophilic,
382
+ libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
383
+ disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in
384
+ any
385
+ manner whatever.</p>
386
+ <p>3.is in any way harmful to minors.</p>
387
+ <p>4.infringes any patent, trademark, copyright or other proprietary rights.</p>
388
+ <p>5.violates any law for the time being in force.</p>
389
+ <p>6.deceives or misleads the addressee about the origin of such messages or communicates any
390
+ information which is grossly offensive or menacing in nature.</p>
391
+ <p>7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate
392
+ the
393
+ legal rights of others.</p>
394
+ <p>8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your
395
+ affiliation with
396
+ a person or entity.</p>
397
+ <p>9. Publish, post, disseminate, any information which is grossly harmful, harassing,
398
+ blasphemous,
399
+ defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
400
+ hateful,
401
+ or racially, ethnically objectionable, disparaging, relating or encouraging money laundering
402
+ or
403
+ gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or
404
+ unlawfully
405
+ harassing including but not limited to indecent 'representation of women' within the meaning
406
+ of the
407
+ Indecent Representation of Women (Prohibition) Act, 1986;</p>
408
+ <p>10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly
409
+ relations
410
+ with foreign states, or public order or causes incitement to the commission of any
411
+ cognizable
412
+ offence or prevents investigation of any offence or is insulting any other nation.</p>
413
+ <h3> SUSPENSION OF USER ACCESS AND ACTIVITY </h3>
414
+ <p>Notwithstanding other legal remedies that may be available, the Firm may in its sole
415
+ discretion,
416
+ limit the User’s access and/or activity by immediately removing the User’s access
417
+ credentials either
418
+ temporarily or indefinitely, or suspend/terminate the User’s association with the Platform,
419
+ and/or
420
+ refuse to usage of the Platform to the User, without being required to provide the User with
421
+ notice
422
+ or cause:</p>
423
+ <p>1. If the User is in breach any of these Terms or the Policy.</p>
424
+ <p>2. If the User has provided wrong, inaccurate, incomplete or incorrect information.</p>
425
+ <h3> If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm,
426
+ at the
427
+ sole discretion of the Firm. </h3>
428
+ <h3> INDEMNITY </h3>
429
+ <p>The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform,
430
+ and their
431
+ respective directors, officers, employees and agents (collectively, 'Parties'), from and
432
+ against any
433
+ and all losses, liabilities, claims, damages, demands, costs and expenses (including legal
434
+ fees and
435
+ disbursements in connection therewith and interest chargeable thereon) asserted against or
436
+ incurred
437
+ by us that arise out of, result from, or maybe payable by virtue of, any breach or
438
+ non-performance
439
+ of any representation, warranty, covenant or agreement made or obligation to be performed
440
+ pursuant
441
+ to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against
442
+ any
443
+ claims made by any third party due to, or arising out of, or in connection with:</p>
444
+ <p>1. User’s use of the Platform.</p>
445
+ <p>2. User’s violation of these Terms and Conditions.</p>
446
+ <p>3. User’s violation of any rights of another.</p>
447
+ <p>4. User’s alleged improper conduct pursuant to these Services.</p>
448
+ <p>5. User’s conduct in connection with the Platform.</p>
449
+ <p>User agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s
450
+ expense. The
451
+ user also agrees not to reach a settlement with any party without the consent of the Firm.
452
+ </p>
453
+ <p>In no event shall the Firm/Platform be liable to compensate the User or any third party for
454
+ any
455
+ special, incidental, indirect, consequential or punitive damages whatsoever, including those
456
+ resulting from loss of use, data or profits, whether or not foreseeable, and whether or not
457
+ the
458
+ Firm/ Platform had been advised of the possibility of such damages, or based on any theory
459
+ of
460
+ liability, including breach of contract or warranty, negligence or other tortuous action, or
461
+ any
462
+ other claim arising out of or in connection with the User’s use of or access to the Platform
463
+ and/or
464
+ the Services or materials contained therein.</p>
465
+ <h3> LIMITATION OF LIABILITY </h3>
466
+ <p>1. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not
467
+ responsible for
468
+ any consequences arising out of the following events:</p>
469
+ <p>. If the Platform is inoperative/non-responsive due to any connectivity errors associated
470
+ with the
471
+ internet connection such as but not limited to slow connectivity, no connectivity, server
472
+ failure.
473
+ </p>
474
+ <p>. If the User has fed incorrect information or data or for any deletion of data.</p>
475
+ <p>. If there is any deficiency or defect in the Services managed by Us.</p>
476
+ <p>. If there is a failure in the functioning of any other service provided by the Platform.</p>
477
+ <p>2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for
478
+ any
479
+ damage caused to the User, the User’s belongings, or to any third party, resulting from the
480
+ use or
481
+ misuse of the Platform or any service availed of by the User through the Platform. The
482
+ service and
483
+ any Content or material displayed on the service is provided without any guarantees,
484
+ conditions or
485
+ warranties as to its accuracy, suitability, completeness or reliability. The Platform will
486
+ not be
487
+ liable to you for the unavailability or failure of the Platform.</p>
488
+ <p>3. Users are to comply with all laws applicable to them or to their activities, and with all
489
+ Policies, which are hereby incorporated into this Agreement by reference.</p>
490
+ <p>4.The Platform expressly excludes any liability for any loss or damage that was not
491
+ reasonably
492
+ foreseeable by the Platform and which is incurred by you in connection with the Platform,
493
+ including
494
+ loss of profits; and any loss or damage incurred by you as a result of your breach of these
495
+ terms.
496
+ </p>
497
+ <p>5. To the fullest extent permitted by law, the Platform shall not be liable to you or any
498
+ other party
499
+ for any loss or damage, regardless of the form of action or basis of any claim. You
500
+ acknowledge and
501
+ agree that your sole and exclusive remedy for any dispute with us is to terminate your use
502
+ of the
503
+ Platform</p>
504
+ <p>Unless expressly agreed to in writing, nothing contained herein shall give the User a right
505
+ to use
506
+ any of the Platform’s, trademarks, service marks, logos, domain names, information,
507
+ questions,
508
+ answers, solutions, reports and other distinctive brand features, save according to the
509
+ provisions
510
+ of these Terms. All logos, trademarks, brand names, service marks, domain names, including
511
+ material,
512
+ designs, and graphics created by and developed by the Platform and other distinctive brand
513
+ features
514
+ of the Platform are the property of the Firm or the respective copyright or trademark owner.
515
+ Furthermore, with respect to the Platform created by the Firm, the Firm shall be the
516
+ exclusive owner
517
+ of all the designs, graphics and the like, related to the Platform.</p>
518
+ <h3> INTELLECTUAL PROPERTY RIGHTS </h3>
519
+ <p>The User may not use any of the intellectual property displayed on the Platform in any manner
520
+ that is
521
+ likely to cause confusion among existing or prospective Users of the Platform, or that in
522
+ any manner
523
+ disparages or discredits the Firm/Platform, to be determined in the sole discretion of the
524
+ Firm.</p>
525
+ <p>1. The User agrees and undertakes that they are accessing the Platform at their sole risk and
526
+ are
527
+ that they are using their best and prudent judgment before availing any service listed on
528
+ the
529
+ Platform or accessing/using any information displayed thereon.</p>
530
+ <h3> DISCLAIMER OF WARRANTIES AND LIABILITIES </h3>
531
+ <p>2. The User agrees that any kind of information, resources, activities, recommendations
532
+ obtained/availed from Platform, written or oral, will not create any warranty and the
533
+ Platform
534
+ disclaims all liabilities resulting from these.</p>
535
+ <p>3. The Firm/Platform does not guarantee that the Services contained in the Platform will be
536
+ uninterrupted or error-free, or that the Platform or its server will be free of viruses or
537
+ other
538
+ harmful components, and the User hereby expressly accepts any and all associated risks
539
+ involved with
540
+ the User’s use of the Platform.</p>
541
+ <p>It is further agreed to by the Parties that the contents of this Section shall survive even
542
+ after the
543
+ termination or expiry of the Terms and/or Policy.</p>
544
+ <p>Neither the Firm nor the Platform shall be liable for damages for any delay or failure to
545
+ perform its
546
+ obligations hereunder if such delay or failure is due to cause beyond its control or without
547
+ its
548
+ fault or negligence, due to Force Majeure events including but not limited to acts of war,
549
+ acts of
550
+ God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute,
551
+ internet
552
+ interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal
553
+ or
554
+ unauthorized.</p>
555
+ <h3> FORCE MAJEURE </h3>
556
+ <p>It is expressly agreed to by the Parties hereto that the formation, interpretation and
557
+ performance of
558
+ these Terms and any disputes arising therefrom will be resolved through a two-step Alternate
559
+ Dispute
560
+ Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of
561
+ this
562
+ Section shall survive even after the termination or expiry of the Terms and/or Policy.</p>
563
+ <h3> DISPUTE RESOLUTION AND JURISDICTION </h3>
564
+ <p>1. <b>Mediation:</b>In case of any dispute between the parties, the Parties will attempt to
565
+ resolve
566
+ the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the
567
+ event that
568
+ the Parties are unable to reach such an amicable solution within thirty (30) days of one
569
+ Party
570
+ communicating the existence of a dispute to any other Party, the dispute will be resolved by
571
+ arbitration, as detailed hereinbelow;</p>
572
+ <p>1. <b>Arbitration::</b>In the event that the Parties are unable to amicably resolve a dispute
573
+ by
574
+ mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed
575
+ by the
576
+ Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties.
577
+ The
578
+ Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in
579
+ his/her
580
+ sole discretion, direct either Party to bear the entire cost of the proceedings. The
581
+ arbitration
582
+ shall be conducted in English, and the seat of Arbitration shall be Delhi, India.</p>
583
+ <p>The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements
584
+ entered
585
+ into between the Parties are governed by the laws, rules and regulations of India</p>
586
+ <p>Any and all communication relating to any dispute or grievance experienced by the User may be
587
+ communicated to the Firm by the User by emailing to care@{{ page.companyName }}.</p>
588
+ <h3> NOTICES </h3>
589
+ <h3> MISCELLANEOUS PROVISIONS </h3>
590
+ <p>1. <b>Entire Agreement:</b> These Terms, read with the Policy, form the complete and final
591
+ contract
592
+ between the User and the Firm with respect to the subject matter hereof and supersedes all
593
+ other
594
+ communications, representations and agreements (whether oral, written or otherwise) relating
595
+ thereto.</p>
596
+ <p>2. <b>Waiver:</b>The failure of either Party at any time to require performance of any
597
+ provision of
598
+ these Terms shall in no manner affect such Party's right at a later time to enforce the
599
+ same. No
600
+ waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any
601
+ one or
602
+ more instances, shall be deemed to be or construed as a further or continuing waiver of any
603
+ such
604
+ breach, or a waiver of any other breach of these Terms. </p>
605
+ <p>3. <b>Severability:</b> If any provision/clause of these Terms is held to be invalid, illegal
606
+ or
607
+ unenforceable by any court or authority of competent jurisdiction, the validity, legality
608
+ and
609
+ enforceability of the remaining provisions/clauses of these Terms shall in no way be
610
+ affected or
611
+ impaired thereby, and each such provision/clause of these Terms shall be valid and
612
+ enforceable to
613
+ the fullest extent permitted by law. In such case, these Terms shall be reformed to the
614
+ minimum
615
+ extent necessary to correct any invalidity, illegality or unenforceability, while preserving
616
+ to the
617
+ maximum extent the original rights, intentions and commercial expectations of the Parties
618
+ hereto, as
619
+ expressed herein.</p>
620
+ <p>4.<b> Contact Us</b>: If you have any questions about this Policy, the practices of the
621
+ Platform, or
622
+ your experience with the Service provided by the Platform, you can contact us at
623
+ care@{{ page.companyName }}.</p>
624
+ </div>
625
+ </div>
626
+ <div>
627
+ {{content}}
628
+ </div>
629
+ {%- if site.monumetricId -%}
393
630
  </div>
394
631
  </div>
395
- <div>
396
- {{content}}
397
- </div>
632
+ {%- endif -%}
398
633
  </div>
399
634
  {% include staticfooter.html %}
400
635
  {% include script.html %}