appscms-tools-theme 1.9.1 → 1.9.2
This diff represents the content of publicly available package versions that have been released to one of the supported registries. The information contained in this diff is provided for informational purposes only and reflects changes between package versions as they appear in their respective public registries.
- checksums.yaml +4 -4
- data/_includes/Usp/usp.html +62 -55
- data/_includes/adblocker.html +135 -135
- data/_includes/customblog/recentposts.html +48 -31
- data/_includes/customblog/relatedposts.html +176 -138
- data/_includes/footer/index.html +243 -228
- data/_includes/head/index.html +13 -7
- data/_includes/section/count.html +31 -20
- data/_includes/section/recent_posts.html +42 -32
- data/_includes/section/related_categories_post.html +171 -140
- data/_includes/staticfooter.html +54 -44
- data/_layouts/aboutUs.html +14 -6
- data/_layouts/blog.html +47 -30
- data/_layouts/categories.html +25 -17
- data/_layouts/contactUs.html +106 -60
- data/_layouts/disclaimer.html +105 -60
- data/_layouts/feature.html +55 -29
- data/_layouts/home.html +80 -46
- data/_layouts/post.html +36 -4
- data/_layouts/privacyPolicy.html +618 -383
- data/_layouts/termAndCondition.html +628 -388
- data/assets/css/adblocker.css +187 -187
- data/assets/css/tools.css +3 -0
- data/assets/js/adBlocker.js +45 -45
- metadata +7 -7
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{%- if site.monumetricId -%}
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<div class="row">
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<div class="col-md-9 mx-auto">
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{%- endif -%}
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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
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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
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expression
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shall, unless repugnant to the context thereof, be deemed to include its respective legal
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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
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the
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protection of Your invaluable information. This document contains information about the
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Website and
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domain https://{{page.companyName}}.{{page.domain}} (hereinafter referred to as the
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“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
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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
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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
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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
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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
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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
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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
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various
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provisions under these Terms in an orderly manner and shall not be used by either Party to
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interpret
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the provisions contained herein in any manner. Further, it is specifically agreed to by the
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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
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legally
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binding agreement between the User and the Firm, and that the User shall be subject to the
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rules,
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guidelines, policies, terms, and conditions applicable to any service that is provided by
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the
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Platform, and that the same shall be deemed to be incorporated into these Terms, and shall
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be
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treated as part and parcel of the same. The User acknowledges and agrees that no signature
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or
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express act is required to make these Terms and the Policy binding on the User and that the
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User’s
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act of visiting any part of the Platform constitutes the User’s full and final acceptance of
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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
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prior
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permission or intimation to the User, and the User expressly agrees that any such amendments
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or
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modifications shall come into effect immediately. The User has a duty to periodically check
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the
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terms and stay updated on its requirements. If the User continues to use the Platform
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following such
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a change, the User will be deemed to have consented to any and all amendments/modifications
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made to
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the Terms. In so far as the User complies with these Terms, it is granted a personal,
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non-exclusive,
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non-transferable, revocable, limited privilege to access and use the Platform and the
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Services. If
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the User does not adhere to the changes, You must stop using the Services at once. Your
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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.
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</p>
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<p>2. Registration for this Platform is available for all age groups, barring those “Incompetent
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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
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time of
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registration, You are solely responsible for protecting the confidentiality of Your Username
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and
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password, and any activity under the account shall be deemed to have been done by You. In
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the case
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that you provide us with false and/or inaccurate details or we have reason to believe you
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have done
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so, we hold the right to permanently suspend your account. You agree that you will not
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disclose your
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password to any third party and that you will take sole responsibility for any activities or
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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.
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</p>
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<p>Servers for this website are hosted on Firebase. User is not required to install any software
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on his
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machine to use the Platform. The Platform is User-friendly and is accessible on all software
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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
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on his
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machine to use the Platform. The Platform is User-friendly and is accessible on all software
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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
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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
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names,
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descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by
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Platform
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and the Platform have control over it and assures a reasonable quality, the accuracy,
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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
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any
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party (or a third party) without the prior written consent of the Firm and the copyright
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owner.</p>
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<p>The Users are solely responsible for the integrity, authenticity, quality and genuineness of
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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
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content
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on the Platform. Further, the Platform reserves its right to suspend the account of any User
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for an
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indefinite period to be decided at the discretion of the Platform or to terminate the
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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
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found
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to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible
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for
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making good any financial or legal losses incurred through the creation/sharing/submission
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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
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access
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the Content on the Platform. Users shall not copy, adapt, and modify any content without
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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
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shall
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continue to be in full force and effect until the User continues to access and use the
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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
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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
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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
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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,
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limit or
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terminate the User’s access to the Platform, or any portion or wholly thereof, at any time,
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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
|
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without any
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prior notice/explanation in order to protect the interests of the Platform and/or other
|
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+
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
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its
|
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features with respect to different Users, or to change any of the features or introduce new
|
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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
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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
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to the
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Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails or
|
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+
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
|
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+
will take
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+
necessary action after an investigation. The response with resolution (if any issues found)
|
|
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|
+
shall be
|
|
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+
dependent on the time is taken for investigation. The User expressly agrees that
|
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notwithstanding
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anything contained hereinabove, it may be contacted by the Firm or any representatives
|
|
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+
relating to
|
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|
+
any Product purchased by the User on the Platform or anything pursuant thereto and the Users
|
|
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|
+
agrees
|
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+
to indemnify the Firm from any and all harassment claims. It is expressly agreed to by the
|
|
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+
Parties
|
|
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|
+
that any information shared by the User with the Firm shall be governed by the Privacy
|
|
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|
+
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
|
|
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they:
|
|
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</p>
|
|
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|
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<p>1. Agree to provide genuine credentials during the process of registration on the Platform.
|
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+
You shall
|
|
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|
+
not use a fictitious identity to register. The Firm is not liable if the User has provided
|
|
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|
+
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
|
|
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|
+
information
|
|
235
|
+
provided during account registration is valid at all times and shall keep your information
|
|
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|
+
accurate
|
|
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|
+
and up-to-date. The User can update their details anytime through accessing their profile on
|
|
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|
+
the
|
|
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|
+
platform.</p>
|
|
240
|
+
<p>3.Agree that they are solely responsible for maintaining the confidentiality of your account
|
|
241
|
+
password. You agree to notify us immediately of any unauthorized use of your account. Firm
|
|
242
|
+
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
|
|
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|
+
of the
|
|
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|
+
Platform. The User also acknowledges the fact that data so entered into the database is for
|
|
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|
+
the
|
|
248
|
+
purpose of easy and ready reference for the User, and to streamline the Services through the
|
|
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|
+
Platform.</p>
|
|
250
|
+
<p>5. Authorize the Platform to use, store or otherwise process certain personal information and
|
|
251
|
+
all
|
|
252
|
+
published Content, Client responses, Client locations, User comments, reviews and ratings
|
|
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|
+
for
|
|
254
|
+
personalization of Services, marketing and promotional purposes and for optimisation of
|
|
255
|
+
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
|
|
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|
+
their
|
|
259
|
+
successors and assigns, or any of their affiliates or their respective officers, directors,
|
|
260
|
+
employees, agents, licensors, representatives, operational service providers, advertisers or
|
|
261
|
+
suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in
|
|
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|
+
connection
|
|
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|
+
with or arising from use of the Platform or from this terms of use, including, but not
|
|
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|
+
limited to,
|
|
265
|
+
compensatory, consequential, incidental, indirect, special or punitive damages.</p>
|
|
266
|
+
<p>7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate,
|
|
267
|
+
post,
|
|
268
|
+
publish or create derivative works from, transfer, or sell any information or obtained from
|
|
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|
+
the
|
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Platform. Any such use/limited use of the Platform will only be allowed with the prior
|
|
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|
+
express
|
|
272
|
+
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
|
|
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any means
|
|
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|
+
other than through the interface provided by the Platform. The use of deep-link, robot,
|
|
276
|
+
spider or
|
|
277
|
+
other automatic devices, program, algorithm or methodology, or any similar or equivalent
|
|
278
|
+
manual
|
|
279
|
+
process, to access, acquire, copy or monitor any portion of the Platform or its content, or
|
|
280
|
+
in any
|
|
281
|
+
way reproduce or circumvent the navigational structure or presentation of the Platform,
|
|
282
|
+
materials or
|
|
283
|
+
any content, or to obtain or attempt to obtain any materials, documents or information
|
|
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|
+
through any
|
|
285
|
+
means not specifically made available through the Platform will lead to suspension or
|
|
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|
+
termination of
|
|
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|
+
the User’s access to the Platform. The User acknowledges and agrees that by accessing or
|
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+
using the
|
|
289
|
+
Platform or any of the Services provided therein, it may be exposed to content that it may
|
|
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|
+
consider
|
|
291
|
+
offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities
|
|
292
|
+
arising
|
|
293
|
+
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
|
|
295
|
+
Platform
|
|
296
|
+
is not owned by the Firm and that the Firm is in no way responsible for the content of the
|
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|
+
same. The
|
|
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|
+
User may, however, report any offensive or objectionable content, which the Firm may then
|
|
299
|
+
remove
|
|
300
|
+
from the Platform, at its sole discretion</p>
|
|
301
|
+
<p>Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated
|
|
302
|
+
with the
|
|
303
|
+
Firm from whom the Users are utilizing services.</p>
|
|
304
|
+
<h3> The User further undertakes not to: </h3>
|
|
305
|
+
<p>1. Engage in any activity that interferes with or disrupts access to the Platform or the
|
|
306
|
+
Services
|
|
307
|
+
provided therein (or the servers and networks which are connected to the Platform).</p>
|
|
308
|
+
<p>2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her
|
|
309
|
+
affiliation
|
|
310
|
+
with a person or entity.</p>
|
|
311
|
+
<p>3. Probe, scan or test the vulnerability of the Platform or any network connected to the
|
|
312
|
+
Platform,
|
|
313
|
+
nor breach the security or authentication measures on the Platform or any network connected
|
|
314
|
+
to the
|
|
315
|
+
Platform. The User may not reverse look-up, trace or seek to trace any information relating
|
|
316
|
+
to any
|
|
317
|
+
other User of, or visitor to, the Platform, or any other viewer of the Platform, including
|
|
318
|
+
any User
|
|
319
|
+
account maintained on the Platform not operated/managed by the User, or exploit the Platform
|
|
320
|
+
or
|
|
321
|
+
information made available or offered by or through the Platform, in any manner.</p>
|
|
322
|
+
<p>4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform,
|
|
323
|
+
systems
|
|
324
|
+
resources, accounts, passwords, servers or networks connected to or accessible through the
|
|
325
|
+
Platform
|
|
326
|
+
or any affiliated or linked Platforms.</p>
|
|
327
|
+
<p>5. Use the Platform or any material or content therein for any purpose that is unlawful or
|
|
328
|
+
prohibited
|
|
329
|
+
by these Terms, or to solicit the performance of any illegal activity or other activity
|
|
330
|
+
which
|
|
331
|
+
infringes the rights of this Platform or any other third party (s).</p>
|
|
332
|
+
<p>6. Violate any code of conduct or guideline which may be applicable for or to any particular
|
|
333
|
+
service
|
|
334
|
+
offered on the Platform.</p>
|
|
335
|
+
<p>7. Violate any applicable laws, rules or regulations currently in force within or outside
|
|
336
|
+
India.</p>
|
|
337
|
+
<p>8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any
|
|
338
|
+
applicable additional terms of the Platform contained herein or elsewhere, whether made by
|
|
339
|
+
amendment, modification, or otherwise.</p>
|
|
340
|
+
<p>9. Commit any act that causes the Firm to lose (in whole or in part) the Services of its
|
|
341
|
+
Internet
|
|
342
|
+
Establishment (ISP) or in any manner disrupts the Services of any other supplier/service
|
|
343
|
+
provider of
|
|
344
|
+
the Firm/Platform.</p>
|
|
345
|
+
<p>10. Further:The User hereby expressly authorizes the Firm/Platform to disclose any and all
|
|
346
|
+
information relating to the User in the possession of the Firm/Platform to law enforcement
|
|
347
|
+
or other
|
|
348
|
+
government officials, as the Firm may in its sole discretion, believe necessary or
|
|
349
|
+
appropriate in
|
|
350
|
+
connection with the investigation and/or resolution of possible crimes, especially those
|
|
351
|
+
involve
|
|
352
|
+
personal injury and theft/infringement of intellectual property. The User further
|
|
353
|
+
understands that
|
|
354
|
+
the Firm/Platform might be directed to disclose any information (including the identity of
|
|
355
|
+
persons
|
|
356
|
+
providing information or materials on the Platform) as necessary to satisfy any judicial
|
|
357
|
+
Order, law,
|
|
358
|
+
regulation or valid governmental request.</p>
|
|
359
|
+
<p>11. By indicating User's acceptance to purchase any product or service offered on the site,
|
|
360
|
+
the user
|
|
361
|
+
is obligated to complete such transactions after making payment. Users shall prohibit from
|
|
362
|
+
indicating their acceptance to avail services where the transactions have remained
|
|
363
|
+
incomplete.</p>
|
|
364
|
+
<p>12. The User agrees to use the services provided by the Firm, its affiliates, consultants and
|
|
365
|
+
contracted companies, for lawful purposes only.</p>
|
|
366
|
+
<p>13. The User agrees not to make any bulk purchase to indulge in any resale activities. In
|
|
367
|
+
case of any
|
|
368
|
+
such instances, the Firm reserves all rights to cancel the current and future orders and
|
|
369
|
+
block the
|
|
370
|
+
concerned User account.</p>
|
|
371
|
+
<p>14. The User agrees to provide authentic and true information. The Firm reserves the right to
|
|
372
|
+
validate the information and other details provided by the User at any point of time. If
|
|
373
|
+
upon such
|
|
374
|
+
User details are found to be false, not to be true (wholly or partly), the Firm shall in its
|
|
375
|
+
sole
|
|
376
|
+
discretion reject the registration and debar the User from using the Services available on
|
|
377
|
+
its
|
|
378
|
+
Website, and/or other affiliated websites without prior intimation whatsoever.</p>
|
|
379
|
+
<p>15. The User agrees not to post any material on the website that is defamatory, offensive,
|
|
380
|
+
obscene,
|
|
381
|
+
indecent, abusive, or needlessly distressful, or advertising any goods or services. More
|
|
382
|
+
specifically, the User agrees not to host, display, upload, update, publish, modify,
|
|
383
|
+
transmit, or in
|
|
384
|
+
any manner share any information that:</p>
|
|
385
|
+
<p>1. belongs to another person and to which the User has no right to.</p>
|
|
386
|
+
<p>2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
|
|
387
|
+
paedophilic,
|
|
388
|
+
libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
|
|
389
|
+
disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in
|
|
390
|
+
any
|
|
391
|
+
manner whatever.</p>
|
|
392
|
+
<p>3.is in any way harmful to minors.</p>
|
|
393
|
+
<p>4.infringes any patent, trademark, copyright or other proprietary rights.</p>
|
|
394
|
+
<p>5.violates any law for the time being in force.</p>
|
|
395
|
+
<p>6.deceives or misleads the addressee about the origin of such messages or communicates any
|
|
396
|
+
information which is grossly offensive or menacing in nature.</p>
|
|
397
|
+
<p>7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate
|
|
398
|
+
the
|
|
399
|
+
legal rights of others.</p>
|
|
400
|
+
<p>8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your
|
|
401
|
+
affiliation with
|
|
402
|
+
a person or entity.</p>
|
|
403
|
+
<p>9. Publish, post, disseminate, any information which is grossly harmful, harassing,
|
|
404
|
+
blasphemous,
|
|
405
|
+
defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
|
|
406
|
+
hateful,
|
|
407
|
+
or racially, ethnically objectionable, disparaging, relating or encouraging money laundering
|
|
408
|
+
or
|
|
409
|
+
gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or
|
|
410
|
+
unlawfully
|
|
411
|
+
harassing including but not limited to indecent 'representation of women' within the meaning
|
|
412
|
+
of the
|
|
413
|
+
Indecent Representation of Women (Prohibition) Act, 1986;</p>
|
|
414
|
+
<p>10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly
|
|
415
|
+
relations
|
|
416
|
+
with foreign states, or public order or causes incitement to the commission of any
|
|
417
|
+
cognizable
|
|
418
|
+
offence or prevents investigation of any offence or is insulting any other nation.</p>
|
|
419
|
+
<h3> SUSPENSION OF USER ACCESS AND ACTIVITY </h3>
|
|
420
|
+
<p>Notwithstanding other legal remedies that may be available, the Firm may in its sole
|
|
421
|
+
discretion,
|
|
422
|
+
limit the User’s access and/or activity by immediately removing the User’s access
|
|
423
|
+
credentials either
|
|
424
|
+
temporarily or indefinitely, or suspend/terminate the User’s association with the Platform,
|
|
425
|
+
and/or
|
|
426
|
+
refuse to usage of the Platform to the User, without being required to provide the User with
|
|
427
|
+
notice
|
|
428
|
+
or cause:</p>
|
|
429
|
+
<p>1. If the User is in breach any of these Terms or the Policy.</p>
|
|
430
|
+
<p>2. If the User has provided wrong, inaccurate, incomplete or incorrect information.</p>
|
|
431
|
+
<h3> If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm,
|
|
432
|
+
at the
|
|
433
|
+
sole discretion of the Firm. </h3>
|
|
434
|
+
<h3> INDEMNITY </h3>
|
|
435
|
+
<p>The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform,
|
|
436
|
+
and their
|
|
437
|
+
respective directors, officers, employees and agents (collectively, 'Parties'), from and
|
|
438
|
+
against any
|
|
439
|
+
and all losses, liabilities, claims, damages, demands, costs and expenses (including legal
|
|
440
|
+
fees and
|
|
441
|
+
disbursements in connection therewith and interest chargeable thereon) asserted against or
|
|
442
|
+
incurred
|
|
443
|
+
by us that arise out of, result from, or maybe payable by virtue of, any breach or
|
|
444
|
+
non-performance
|
|
445
|
+
of any representation, warranty, covenant or agreement made or obligation to be performed
|
|
446
|
+
pursuant
|
|
447
|
+
to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against
|
|
448
|
+
any
|
|
449
|
+
claims made by any third party due to, or arising out of, or in connection with:</p>
|
|
450
|
+
<p>1. User’s use of the Platform.</p>
|
|
451
|
+
<p>2. User’s violation of these Terms and Conditions.</p>
|
|
452
|
+
<p>3. User’s violation of any rights of another.</p>
|
|
453
|
+
<p>4. User’s alleged improper conduct pursuant to these Services.</p>
|
|
454
|
+
<p>5. User’s conduct in connection with the Platform.</p>
|
|
455
|
+
<p>User agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s
|
|
456
|
+
expense. The
|
|
457
|
+
user also agrees not to reach a settlement with any party without the consent of the Firm.
|
|
458
|
+
</p>
|
|
459
|
+
<p>In no event shall the Firm/Platform be liable to compensate the User or any third party for
|
|
460
|
+
any
|
|
461
|
+
special, incidental, indirect, consequential or punitive damages whatsoever, including those
|
|
462
|
+
resulting from loss of use, data or profits, whether or not foreseeable, and whether or not
|
|
463
|
+
the
|
|
464
|
+
Firm/ Platform had been advised of the possibility of such damages, or based on any theory
|
|
465
|
+
of
|
|
466
|
+
liability, including breach of contract or warranty, negligence or other tortuous action, or
|
|
467
|
+
any
|
|
468
|
+
other claim arising out of or in connection with the User’s use of or access to the Platform
|
|
469
|
+
and/or
|
|
470
|
+
the Services or materials contained therein.</p>
|
|
471
|
+
<h3> LIMITATION OF LIABILITY </h3>
|
|
472
|
+
<p>1. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not
|
|
473
|
+
responsible for
|
|
474
|
+
any consequences arising out of the following events:</p>
|
|
475
|
+
<p>. If the Platform is inoperative/non-responsive due to any connectivity errors associated
|
|
476
|
+
with the
|
|
477
|
+
internet connection such as but not limited to slow connectivity, no connectivity, server
|
|
478
|
+
failure.
|
|
479
|
+
</p>
|
|
480
|
+
<p>. If the User has fed incorrect information or data or for any deletion of data.</p>
|
|
481
|
+
<p>. If there is any deficiency or defect in the Services managed by Us.</p>
|
|
482
|
+
<p>. If there is a failure in the functioning of any other service provided by the Platform.</p>
|
|
483
|
+
<p>2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for
|
|
484
|
+
any
|
|
485
|
+
damage caused to the User, the User’s belongings, or to any third party, resulting from the
|
|
486
|
+
use or
|
|
487
|
+
misuse of the Platform or any service availed of by the User through the Platform. The
|
|
488
|
+
service and
|
|
489
|
+
any Content or material displayed on the service is provided without any guarantees,
|
|
490
|
+
conditions or
|
|
491
|
+
warranties as to its accuracy, suitability, completeness or reliability. The Platform will
|
|
492
|
+
not be
|
|
493
|
+
liable to you for the unavailability or failure of the Platform.</p>
|
|
494
|
+
<p>3. Users are to comply with all laws applicable to them or to their activities, and with all
|
|
495
|
+
Policies, which are hereby incorporated into this Agreement by reference.</p>
|
|
496
|
+
<p>4.The Platform expressly excludes any liability for any loss or damage that was not
|
|
497
|
+
reasonably
|
|
498
|
+
foreseeable by the Platform and which is incurred by you in connection with the Platform,
|
|
499
|
+
including
|
|
500
|
+
loss of profits; and any loss or damage incurred by you as a result of your breach of these
|
|
501
|
+
terms.
|
|
502
|
+
</p>
|
|
503
|
+
<p>5. To the fullest extent permitted by law, the Platform shall not be liable to you or any
|
|
504
|
+
other party
|
|
505
|
+
for any loss or damage, regardless of the form of action or basis of any claim. You
|
|
506
|
+
acknowledge and
|
|
507
|
+
agree that your sole and exclusive remedy for any dispute with us is to terminate your use
|
|
508
|
+
of the
|
|
509
|
+
Platform</p>
|
|
510
|
+
<p>Unless expressly agreed to in writing, nothing contained herein shall give the User a right
|
|
511
|
+
to use
|
|
512
|
+
any of the Platform’s, trademarks, service marks, logos, domain names, information,
|
|
513
|
+
questions,
|
|
514
|
+
answers, solutions, reports and other distinctive brand features, save according to the
|
|
515
|
+
provisions
|
|
516
|
+
of these Terms. All logos, trademarks, brand names, service marks, domain names, including
|
|
517
|
+
material,
|
|
518
|
+
designs, and graphics created by and developed by the Platform and other distinctive brand
|
|
519
|
+
features
|
|
520
|
+
of the Platform are the property of the Firm or the respective copyright or trademark owner.
|
|
521
|
+
Furthermore, with respect to the Platform created by the Firm, the Firm shall be the
|
|
522
|
+
exclusive owner
|
|
523
|
+
of all the designs, graphics and the like, related to the Platform.</p>
|
|
524
|
+
<h3> INTELLECTUAL PROPERTY RIGHTS </h3>
|
|
525
|
+
<p>The User may not use any of the intellectual property displayed on the Platform in any manner
|
|
526
|
+
that is
|
|
527
|
+
likely to cause confusion among existing or prospective Users of the Platform, or that in
|
|
528
|
+
any manner
|
|
529
|
+
disparages or discredits the Firm/Platform, to be determined in the sole discretion of the
|
|
530
|
+
Firm.</p>
|
|
531
|
+
<p>1. The User agrees and undertakes that they are accessing the Platform at their sole risk and
|
|
532
|
+
are
|
|
533
|
+
that they are using their best and prudent judgment before availing any service listed on
|
|
534
|
+
the
|
|
535
|
+
Platform or accessing/using any information displayed thereon.</p>
|
|
536
|
+
<h3> DISCLAIMER OF WARRANTIES AND LIABILITIES </h3>
|
|
537
|
+
<p>2. The User agrees that any kind of information, resources, activities, recommendations
|
|
538
|
+
obtained/availed from Platform, written or oral, will not create any warranty and the
|
|
539
|
+
Platform
|
|
540
|
+
disclaims all liabilities resulting from these.</p>
|
|
541
|
+
<p>3. The Firm/Platform does not guarantee that the Services contained in the Platform will be
|
|
542
|
+
uninterrupted or error-free, or that the Platform or its server will be free of viruses or
|
|
543
|
+
other
|
|
544
|
+
harmful components, and the User hereby expressly accepts any and all associated risks
|
|
545
|
+
involved with
|
|
546
|
+
the User’s use of the Platform.</p>
|
|
547
|
+
<p>It is further agreed to by the Parties that the contents of this Section shall survive even
|
|
548
|
+
after the
|
|
549
|
+
termination or expiry of the Terms and/or Policy.</p>
|
|
550
|
+
<p>Neither the Firm nor the Platform shall be liable for damages for any delay or failure to
|
|
551
|
+
perform its
|
|
552
|
+
obligations hereunder if such delay or failure is due to cause beyond its control or without
|
|
553
|
+
its
|
|
554
|
+
fault or negligence, due to Force Majeure events including but not limited to acts of war,
|
|
555
|
+
acts of
|
|
556
|
+
God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute,
|
|
557
|
+
internet
|
|
558
|
+
interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal
|
|
559
|
+
or
|
|
560
|
+
unauthorized.</p>
|
|
561
|
+
<h3> FORCE MAJEURE </h3>
|
|
562
|
+
<p>It is expressly agreed to by the Parties hereto that the formation, interpretation and
|
|
563
|
+
performance of
|
|
564
|
+
these Terms and any disputes arising therefrom will be resolved through a two-step Alternate
|
|
565
|
+
Dispute
|
|
566
|
+
Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of
|
|
567
|
+
this
|
|
568
|
+
Section shall survive even after the termination or expiry of the Terms and/or Policy.</p>
|
|
569
|
+
<h3> DISPUTE RESOLUTION AND JURISDICTION </h3>
|
|
570
|
+
<p>1. <b>Mediation:</b>In case of any dispute between the parties, the Parties will attempt to
|
|
571
|
+
resolve
|
|
572
|
+
the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the
|
|
573
|
+
event that
|
|
574
|
+
the Parties are unable to reach such an amicable solution within thirty (30) days of one
|
|
575
|
+
Party
|
|
576
|
+
communicating the existence of a dispute to any other Party, the dispute will be resolved by
|
|
577
|
+
arbitration, as detailed hereinbelow;</p>
|
|
578
|
+
<p>1. <b>Arbitration::</b>In the event that the Parties are unable to amicably resolve a dispute
|
|
579
|
+
by
|
|
580
|
+
mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed
|
|
581
|
+
by the
|
|
582
|
+
Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties.
|
|
583
|
+
The
|
|
584
|
+
Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in
|
|
585
|
+
his/her
|
|
586
|
+
sole discretion, direct either Party to bear the entire cost of the proceedings. The
|
|
587
|
+
arbitration
|
|
588
|
+
shall be conducted in English, and the seat of Arbitration shall be Delhi, India.</p>
|
|
589
|
+
<p>The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements
|
|
590
|
+
entered
|
|
591
|
+
into between the Parties are governed by the laws, rules and regulations of India</p>
|
|
592
|
+
<p>Any and all communication relating to any dispute or grievance experienced by the User may be
|
|
593
|
+
communicated to the Firm by the User by emailing to
|
|
594
|
+
care@{{page.companyName}}.{{page.domain}}.</p>
|
|
595
|
+
<h3> NOTICES </h3>
|
|
596
|
+
<h3> MISCELLANEOUS PROVISIONS </h3>
|
|
597
|
+
<p>1. <b>Entire Agreement:</b> These Terms, read with the Policy, form the complete and final
|
|
598
|
+
contract
|
|
599
|
+
between the User and the Firm with respect to the subject matter hereof and supersedes all
|
|
600
|
+
other
|
|
601
|
+
communications, representations and agreements (whether oral, written or otherwise) relating
|
|
602
|
+
thereto.</p>
|
|
603
|
+
<p>2. <b>Waiver:</b>The failure of either Party at any time to require performance of any
|
|
604
|
+
provision of
|
|
605
|
+
these Terms shall in no manner affect such Party's right at a later time to enforce the
|
|
606
|
+
same. No
|
|
607
|
+
waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any
|
|
608
|
+
one or
|
|
609
|
+
more instances, shall be deemed to be or construed as a further or continuing waiver of any
|
|
610
|
+
such
|
|
611
|
+
breach, or a waiver of any other breach of these Terms.</b> </p>
|
|
612
|
+
<p>3. <b>Severability:</b> If any provision/clause of these Terms is held to be invalid, illegal
|
|
613
|
+
or
|
|
614
|
+
unenforceable by any court or authority of competent jurisdiction, the validity, legality
|
|
615
|
+
and
|
|
616
|
+
enforceability of the remaining provisions/clauses of these Terms shall in no way be
|
|
617
|
+
affected or
|
|
618
|
+
impaired thereby, and each such provision/clause of these Terms shall be valid and
|
|
619
|
+
enforceable to
|
|
620
|
+
the fullest extent permitted by law. In such case, these Terms shall be reformed to the
|
|
621
|
+
minimum
|
|
622
|
+
extent necessary to correct any invalidity, illegality or unenforceability, while preserving
|
|
623
|
+
to the
|
|
624
|
+
maximum extent the original rights, intentions and commercial expectations of the Parties
|
|
625
|
+
hereto, as
|
|
626
|
+
expressed herein.</p>
|
|
627
|
+
<p>4.<b> Contact Us</b>: If you have any questions about this Policy, the practices of the
|
|
628
|
+
Platform, or
|
|
629
|
+
your experience with the Service provided by the Platform, you can contact us at
|
|
630
|
+
care@{{page.companyName}}.{{page.domain}}.
|
|
631
|
+
</p>
|
|
632
|
+
</div>
|
|
633
|
+
<div>
|
|
634
|
+
</div>
|
|
635
|
+
<div>
|
|
636
|
+
{{content}}
|
|
637
|
+
</div>
|
|
638
|
+
{%- if site.monumetricId -%}
|
|
639
|
+
</div>
|
|
401
640
|
</div>
|
|
641
|
+
{%- endif -%}
|
|
402
642
|
</div>
|
|
403
643
|
{% include staticfooter.html %}
|
|
404
644
|
{% include script.html %}
|