appscms-tools-theme 3.8.3 → 3.8.4

Sign up to get free protection for your applications and to get access to all the features.
@@ -0,0 +1,781 @@
1
+ {% assign file = page.fileName %} {% assign folder = page.folderName %} {%
2
+ assign lang = page.lang %} {% assign privacyData = site.data[folder][lang][file]
3
+ %}
4
+ <!DOCTYPE html>
5
+ <html lang="{{privacyData.htmlLangAtt}}">
6
+ {%- include appscms/head/head.html -%}
7
+ <body>
8
+ {%- include appscms/navbars/navbar.html -%} {%- include
9
+ appscms/navbars/toolbar.html -%}
10
+ <div class="container py-4">
11
+ {%- if site.monumetricId and page.url != '/' and page.lang == "en" -%}
12
+ <div class="row">
13
+ <div class="col-md-9 mx-auto">
14
+ {%- endif -%}
15
+ <h1 class="about-h1 py-4">Privacy Policy</h1>
16
+ <div class="py-3">
17
+ <p>
18
+ We, <b>{{ page.companyName }}</b>, hereinafter referred to as the
19
+ “FIRM” (where such expression shall, unless repugnant to the
20
+ context thereof, be deemed to include its respective legal heirs,
21
+ representatives, administrators, permitted successors and
22
+ assigns).
23
+ </p>
24
+ <div class="py-3">
25
+ <p>
26
+ The Firm ensures steady commitment to Your usage of the Platform
27
+ and privacy with regard to the protection of Your invaluable
28
+ information. This document contains information about the
29
+ Website and domain https://{{ page.companyName }} (hereinafter
30
+ referred to as the “Platform” ).
31
+ </p>
32
+ <p>
33
+ For the purpose of these Terms of Use (“Terms”), wherever the
34
+ context so requires,
35
+ </p>
36
+ <p>
37
+ 1. “We”, “Our”, and “Us” shall mean and refer to the Domain
38
+ and/or the Firm, as the context so requires.
39
+ </p>
40
+ <p>
41
+ 2. “You”, “Your”, “Yourself”, “User”, shall mean and refer to
42
+ natural and legal individuals who use the Platform and who is
43
+ competent to enter into binding contracts, as per Indian laws.
44
+ </p>
45
+ <p>
46
+ 3. “You”, “Your”, “Yourself”, “User”, shall mean and refer to
47
+ natural and legal individuals who use the Platform and who is
48
+ competent to enter into binding contracts, as per Indian laws.
49
+ </p>
50
+ <p>
51
+ 4. “Third Parties” refer to any Application, Firm or individual
52
+ apart from the User and the creator of this Platform/Domain.
53
+ </p>
54
+ <p>
55
+ 5. “ The term “User” refers to the individuals who will be using
56
+ the platform to avail the features and the services of the
57
+ platform.
58
+ </p>
59
+ <p>
60
+ 6. “ The term “User” refers to the individuals who will be using
61
+ the platform to avail the features and the services of the
62
+ platform.
63
+ </p>
64
+ <p>
65
+ 7. “ The headings of each section in these Terms are only for
66
+ the purpose of comanizing the various provisions under these
67
+ Terms in an orderly manner and shall not be used by either Party
68
+ to interpret the provisions contained herein in any manner.
69
+ Further, it is specifically agreed to by the Parties that the
70
+ headings shall have no legal or contractual value.
71
+ </p>
72
+ <p>
73
+ 8. “The User unequivocally agrees that these Terms and the
74
+ aforementioned Policy constitute a legally binding agreement
75
+ between the User and the Firm, and that the User shall be
76
+ subject to the rules, guidelines, policies, terms, and
77
+ conditions applicable to any service that is provided by the
78
+ Platform, and that the same shall be deemed to be incorporated
79
+ into these Terms, and shall be treated as part and parcel of the
80
+ same. The User acknowledges and agrees that no signature or
81
+ express act is required to make these Terms and the Policy
82
+ binding on the User and that the User’s act of visiting any part
83
+ of the Platform constitutes the User’s full and final acceptance
84
+ of these Terms and the aforementioned Policy.
85
+ </p>
86
+ <p>
87
+ 9. “The Firm reserves the sole and exclusive right to amend or
88
+ modify these Terms without any prior permission or intimation to
89
+ the User, and the User expressly agrees that any such amendments
90
+ or modifications shall come into effect immediately. The User
91
+ has a duty to periodically check the terms and stay updated on
92
+ its requirements. If the User continues to use the Platform
93
+ following such a change, the User will be deemed to have
94
+ consented to any and all amendments/modifications made to the
95
+ Terms. In so far as the User complies with these Terms, it is
96
+ granted a personal, non-exclusive, non-transferable, revocable,
97
+ limited privilege to access and use the Platform and the
98
+ Services. If the User does not adhere to the changes, You must
99
+ stop using the Services at once. Your continued use of the
100
+ Services will signify your acceptance of the changed terms.
101
+ </p>
102
+ <h3>REGISTRATION</h3>
103
+ <p>
104
+ 1. The Users are also provided with an option to link their
105
+ Facebook/Google accounts with the Platform at the time of their
106
+ registration in order to smoothen the process of registration.
107
+ </p>
108
+ <p>
109
+ 2. Registration for this Platform is available for all age
110
+ groups, barring those “Incompetent to Contract” which inter alia
111
+ include insolvents with an exception to Minors.
112
+ </p>
113
+ <p>
114
+ 3. Further, at any time during Your use of this Platform,
115
+ including but not limited to the time of registration, You are
116
+ solely responsible for protecting the confidentiality of Your
117
+ Username and password, and any activity under the account shall
118
+ be deemed to have been done by You. In the case that you provide
119
+ us with false and/or inaccurate details or we have reason to
120
+ believe you have done so, we hold the right to permanently
121
+ suspend your account. You agree that you will not disclose your
122
+ password to any third party and that you will take sole
123
+ responsibility for any activities or actions under your account,
124
+ whether or not you have authorized such activities or actions.
125
+ You will immediately notify us of any hereinbelow use of your
126
+ account.
127
+ </p>
128
+ <h3>PLATFORM OVERVIEW</h3>
129
+ <p>
130
+ @{{ page.companyName }} is a platform owned and operated by @{{
131
+ page.companyName }} LLP which is a limited liability partnership
132
+ registered under the provisions of the Limited Liability
133
+ Partnership Act, 2008.
134
+ </p>
135
+ <p>
136
+ Servers for this website are hosted on Firebase. User is not
137
+ required to install any software on his machine to use the
138
+ Platform. The Platform is User-friendly and is accessible on all
139
+ software and all devices such as Mac/Windows/Linux/Android/iOS.
140
+ </p>
141
+ <h3>ELIGIBILITY</h3>
142
+ <p>
143
+ Servers for this website are hosted on Firebase. User is not
144
+ required to install any software on his machine to use the
145
+ Platform. The Platform is User-friendly and is accessible on all
146
+ software and all devices such as Mac/Windows/Linux/Android/iOS.
147
+ </p>
148
+ <p>
149
+ The Users may not use the Platform if they are not competent to
150
+ contract or are disqualified from doing so by any other
151
+ applicable law, rule or regulation currently in force.
152
+ </p>
153
+ <h3>CONTENT</h3>
154
+ <p>
155
+ All text, graphics, User interfaces, visual interfaces,
156
+ photographs, trademarks, logos, brand names, descriptions,
157
+ sounds, music and artwork (collectively, ‘Content’), is
158
+ generated/provided by Platform and the Platform have control
159
+ over it and assures a reasonable quality, the accuracy,
160
+ integrity or genuineness of products sold on the Platform.
161
+ </p>
162
+ <p>
163
+ All the Content displayed on the Platform is subject to
164
+ copyright and shall not be reused by any party (or a third
165
+ party) without the prior written consent of the Firm and the
166
+ copyright owner.
167
+ </p>
168
+ <p>
169
+ The Users are solely responsible for the integrity,
170
+ authenticity, quality and genuineness of the feedback and
171
+ comments by Users can be made via the Platform, the Platform
172
+ bears no liability whatsoever for any feedback or comments made
173
+ by the Users or made in respect of any of the content on the
174
+ Platform. Further, the Platform reserves its right to suspend
175
+ the account of any User for an indefinite period to be decided
176
+ at the discretion of the Platform or to terminate the account of
177
+ any User who is found to have created or shared or submitted any
178
+ Content or part thereof that is found to be
179
+ untrue/inaccurate/misleading or offensive/vulgar. The User shall
180
+ be solely responsible for making good any financial or legal
181
+ losses incurred through the creation/sharing/submission of
182
+ Content or part thereof that is deemed to be
183
+ untrue/inaccurate/misleading.
184
+ </p>
185
+ <p>
186
+ The Users have a personal, non-exclusive, non-transferable,
187
+ revocable, limited privilege to access the Content on the
188
+ Platform. Users shall not copy, adapt, and modify any content
189
+ without written permission of the Firm.
190
+ </p>
191
+ <h3>TERM</h3>
192
+ <p>
193
+ 1. These Terms shall continue to form a valid and binding
194
+ contract between the Parties and shall continue to be in full
195
+ force and effect until the User continues to access and use the
196
+ Platforms.
197
+ </p>
198
+ <p>
199
+ 2. The Users may terminate their use of the Platform at any
200
+ time.
201
+ </p>
202
+ <p>
203
+ 3. The Firm may terminate these Terms and close a User’s account
204
+ at any time without notice and/or suspend or terminate a User’s
205
+ access to the Platform at any time and for any reason, if any
206
+ discrepancy or legal issue arises.
207
+ </p>
208
+ <p>
209
+ 4. Such suspension or termination shall not limit our right to
210
+ take any other action against you that the Firm considers
211
+ appropriate.
212
+ </p>
213
+ <p>
214
+ 5. It is also hereby declared that the Firm may discontinue the
215
+ Services and Platforms without any prior notice.
216
+ </p>
217
+ <h3>AMENDMENT AND TERMINATION</h3>
218
+ <p>
219
+ 1. The Firm reserves the right, in its sole discretion, to
220
+ unilaterally to either amend, limit or terminate the User’s
221
+ access to the Platform, or any portion or wholly thereof, at any
222
+ time, without notice or cause.
223
+ </p>
224
+ <p>
225
+ 2.The Platform also reserves the universal right to deny part or
226
+ in entirety, the access to particular Users or any such Users
227
+ with similar IP, to any/all of are on its Platform without any
228
+ prior notice/explanation in order to protect the interests of
229
+ the Platform and/or other visitors to the Platform.
230
+ </p>
231
+ <p>
232
+ The Platform reserves the right to limit, deny or create
233
+ different access to the Platform and its features with respect
234
+ to different Users, or to change any of the features or
235
+ introduce new features without prior notice.
236
+ </p>
237
+ <p>
238
+ The User shall continue to be bound by these Terms, and it is
239
+ expressly agreed to by the Parties that the User shall not have
240
+ the right to terminate these Terms till the expiry of the same.
241
+ </p>
242
+ <p>
243
+ COMMUNICATION By using this Platform and providing his/her
244
+ identity and contact information to the Firm through the
245
+ Platform, the Users hereby agree and consent to receive calls,
246
+ e-mails or SMS from the Firm and/or any of its representatives
247
+ at any time. User can report to care@{{ page.companyName }} if
248
+ they find any discrepancy with regard to Platform or
249
+ content-related information and the Firm will take necessary
250
+ action after an investigation. The response with resolution (if
251
+ any issues found) shall be dependent on the time is taken for
252
+ investigation. The User expressly agrees that notwithstanding
253
+ anything contained hereinabove, it may be contacted by the Firm
254
+ or any representatives relating to any Product purchased by the
255
+ User on the Platform or anything pursuant thereto and the Users
256
+ agrees to indemnify the Firm from any and all harassment claims.
257
+ It is expressly agreed to by the Parties that any information
258
+ shared by the User with the Firm shall be governed by the
259
+ Privacy Policy.
260
+ </p>
261
+ <h3>USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT</h3>
262
+ <p>
263
+ The Client agrees and acknowledges that they are a restricted
264
+ user of this Platform and that they:
265
+ </p>
266
+ <p>
267
+ 1. Agree to provide genuine credentials during the process of
268
+ registration on the Platform. You shall not use a fictitious
269
+ identity to register. The Firm is not liable if the User has
270
+ provided incorrect information.
271
+ </p>
272
+ <p>
273
+ 2.Agree to ensure the Name, Email address, Address, Mobile
274
+ number and any such other information provided during account
275
+ registration is valid at all times and shall keep your
276
+ information accurate and up-to-date. The User can update their
277
+ details anytime through accessing their profile on the platform.
278
+ </p>
279
+ <p>
280
+ 3.Agree that they are solely responsible for maintaining the
281
+ confidentiality of your account password. You agree to notify us
282
+ immediately of any unauthorized use of your account. Firm
283
+ reserves the right to close your account at any time for any or
284
+ no reason.
285
+ </p>
286
+ <p>
287
+ 4. Understand and acknowledge that the data submitted is
288
+ manually entered into the database of the Platform. The User
289
+ also acknowledges the fact that data so entered into the
290
+ database is for the purpose of easy and ready reference for the
291
+ User, and to streamline the Services through the Platform.
292
+ </p>
293
+ <p>
294
+ 5. Authorize the Platform to use, store or otherwise process
295
+ certain personal information and all published Content, Client
296
+ responses, Client locations, User comments, reviews and ratings
297
+ for personalization of Services, marketing and promotional
298
+ purposes and for optimisation of User-related options and
299
+ Services
300
+ </p>
301
+ <p>
302
+ 6. Understand and agree that, to the fullest extent permissible
303
+ by law, the Platform/Firm and their successors and assigns, or
304
+ any of their affiliates or their respective officers, directors,
305
+ employees, agents, licensors, representatives, operational
306
+ service providers, advertisers or suppliers shall not be liable
307
+ for any loss or damage, of any kind, direct or indirect, in
308
+ connection with or arising from use of the Platform or from this
309
+ terms of use, including, but not limited to, compensatory,
310
+ consequential, incidental, indirect, special or punitive
311
+ damages.
312
+ </p>
313
+ <p>
314
+ 7. Are bound not to cut, copy, modify, recreate, reverse
315
+ engineer, distribute, disseminate, post, publish or create
316
+ derivative works from, transfer, or sell any information or
317
+ obtained from the Platform. Any such use/limited use of the
318
+ Platform will only be allowed with the prior express written
319
+ permission of the Firm.
320
+ </p>
321
+ <p>
322
+ Agree not to access (or attempt to access) the Platform and/or
323
+ the materials or Services by any means other than through the
324
+ interface provided by the Platform. The use of deep-link, robot,
325
+ spider or other automatic devices, program, algorithm or
326
+ methodology, or any similar or equivalent manual process, to
327
+ access, acquire, copy or monitor any portion of the Platform or
328
+ its content, or in any way reproduce or circumvent the
329
+ navigational structure or presentation of the Platform,
330
+ materials or any content, or to obtain or attempt to obtain any
331
+ materials, documents or information through any means not
332
+ specifically made available through the Platform will lead to
333
+ suspension or termination of the User’s access to the Platform.
334
+ The User acknowledges and agrees that by accessing or using the
335
+ Platform or any of the Services provided therein, it may be
336
+ exposed to content that it may consider offensive, indecent or
337
+ otherwise objectionable. The Firm disclaims any and all
338
+ liabilities arising in relation to such offensive content on the
339
+ Platform.
340
+ </p>
341
+ <p>
342
+ Expressly agree and acknowledge that the Content generated by
343
+ the User and displayed on the Platform is not owned by the Firm
344
+ and that the Firm is in no way responsible for the content of
345
+ the same. The User may, however, report any offensive or
346
+ objectionable content, which the Firm may then remove from the
347
+ Platform, at its sole discretion
348
+ </p>
349
+ <p>
350
+ Expressly consents to follow the terms and conditions, and
351
+ policies of the Vendor affiliated with the Firm from whom the
352
+ Users are utilizing services.
353
+ </p>
354
+ <h3>The User further undertakes not to:</h3>
355
+ <p>
356
+ 1. Engage in any activity that interferes with or disrupts
357
+ access to the Platform or the Services provided therein (or the
358
+ servers and networks which are connected to the Platform).
359
+ </p>
360
+ <p>
361
+ 2. Impersonate any person or entity, or falsely state or
362
+ otherwise misrepresent his/her affiliation with a person or
363
+ entity.
364
+ </p>
365
+ <p>
366
+ 3. Probe, scan or test the vulnerability of the Platform or any
367
+ network connected to the Platform, nor breach the security or
368
+ authentication measures on the Platform or any network connected
369
+ to the Platform. The User may not reverse look-up, trace or seek
370
+ to trace any information relating to any other User of, or
371
+ visitor to, the Platform, or any other viewer of the Platform,
372
+ including any User account maintained on the Platform not
373
+ operated/managed by the User, or exploit the Platform or
374
+ information made available or offered by or through the
375
+ Platform, in any manner.
376
+ </p>
377
+ <p>
378
+ 4. Disrupt or interfere with the security of, or otherwise cause
379
+ harm to, the Platform, systems resources, accounts, passwords,
380
+ servers or networks connected to or accessible through the
381
+ Platform or any affiliated or linked Platforms.
382
+ </p>
383
+ <p>
384
+ 5. Use the Platform or any material or content therein for any
385
+ purpose that is unlawful or prohibited by these Terms, or to
386
+ solicit the performance of any illegal activity or other
387
+ activity which infringes the rights of this Platform or any
388
+ other third party (s).
389
+ </p>
390
+ <p>
391
+ 6. Violate any code of conduct or guideline which may be
392
+ applicable for or to any particular service offered on the
393
+ Platform.
394
+ </p>
395
+ <p>
396
+ 7. Violate any applicable laws, rules or regulations currently
397
+ in force within or outside India.
398
+ </p>
399
+ <p>
400
+ 8. Violate any portion of these Terms or the Privacy Policy,
401
+ including but not limited to any applicable additional terms of
402
+ the Platform contained herein or elsewhere, whether made by
403
+ amendment, modification, or otherwise.
404
+ </p>
405
+ <p>
406
+ 9. Commit any act that causes the Firm to lose (in whole or in
407
+ part) the Services of its Internet Establishment (ISP) or in any
408
+ manner disrupts the Services of any other supplier/service
409
+ provider of the Firm/Platform.
410
+ </p>
411
+ <p>
412
+ 10. Further:The User hereby expressly authorizes the
413
+ Firm/Platform to disclose any and all information relating to
414
+ the User in the possession of the Firm/Platform to law
415
+ enforcement or other government officials, as the Firm may in
416
+ its sole discretion, believe necessary or appropriate in
417
+ connection with the investigation and/or resolution of possible
418
+ crimes, especially those involve personal injury and
419
+ theft/infringement of intellectual property. The User further
420
+ understands that the Firm/Platform might be directed to disclose
421
+ any information (including the identity of persons providing
422
+ information or materials on the Platform) as necessary to
423
+ satisfy any judicial Order, law, regulation or valid
424
+ governmental request.
425
+ </p>
426
+ <p>
427
+ 11. By indicating User's acceptance to purchase any product or
428
+ service offered on the site, the user is obligated to complete
429
+ such transactions after making payment. Users shall prohibit
430
+ from indicating their acceptance to avail services where the
431
+ transactions have remained incomplete.
432
+ </p>
433
+ <p>
434
+ 12. The User agrees to use the services provided by the Firm,
435
+ its affiliates, consultants and contracted companies, for lawful
436
+ purposes only.
437
+ </p>
438
+ <p>
439
+ 13. The User agrees not to make any bulk purchase to indulge in
440
+ any resale activities. In case of any such instances, the Firm
441
+ reserves all rights to cancel the current and future orders and
442
+ block the concerned User account.
443
+ </p>
444
+ <p>
445
+ 14. The User agrees to provide authentic and true information.
446
+ The Firm reserves the right to validate the information and
447
+ other details provided by the User at any point of time. If upon
448
+ such User details are found to be false, not to be true (wholly
449
+ or partly), the Firm shall in its sole discretion reject the
450
+ registration and debar the User from using the Services
451
+ available on its Website, and/or other affiliated websites
452
+ without prior intimation whatsoever.
453
+ </p>
454
+ <p>
455
+ 15. The User agrees not to post any material on the website that
456
+ is defamatory, offensive, obscene, indecent, abusive, or
457
+ needlessly distressful, or advertising any goods or services.
458
+ More specifically, the User agrees not to host, display, upload,
459
+ update, publish, modify, transmit, or in any manner share any
460
+ information that:
461
+ </p>
462
+ <p>
463
+ 1. belongs to another person and to which the User has no right
464
+ to.
465
+ </p>
466
+ <p>
467
+ 2. is grossly harmful, harassing, blasphemous, defamatory,
468
+ obscene, pornographic, paedophilic, libellous, invasive of
469
+ another's privacy, hateful, or racially, ethnically
470
+ objectionable, disparaging, relating or encouraging money
471
+ laundering or gambling, or otherwise unlawful in any manner
472
+ whatever.
473
+ </p>
474
+ <p>3.is in any way harmful to minors.</p>
475
+ <p>
476
+ 4.infringes any patent, trademark, copyright or other
477
+ proprietary rights.
478
+ </p>
479
+ <p>5.violates any law for the time being in force.</p>
480
+ <p>
481
+ 6.deceives or misleads the addressee about the origin of such
482
+ messages or communicates any information which is grossly
483
+ offensive or menacing in nature.
484
+ </p>
485
+ <p>
486
+ 7. Abuse, harass, threaten, defame, disillusion, erode,
487
+ abrogate, demean or otherwise violate the legal rights of
488
+ others.
489
+ </p>
490
+ <p>
491
+ 8. Impersonate any person or entity, or falsely state or
492
+ otherwise misrepresent Your affiliation with a person or entity.
493
+ </p>
494
+ <p>
495
+ 9. Publish, post, disseminate, any information which is grossly
496
+ harmful, harassing, blasphemous, defamatory, obscene,
497
+ pornographic, paedophilic, libellous, invasive of another's
498
+ privacy, hateful, or racially, ethnically objectionable,
499
+ disparaging, relating or encouraging money laundering or
500
+ gambling, or otherwise unlawful in any manner whatever or
501
+ unlawfully threatening or unlawfully harassing including but not
502
+ limited to indecent 'representation of women' within the meaning
503
+ of the Indecent Representation of Women (Prohibition) Act, 1986;
504
+ </p>
505
+ <p>
506
+ 10. Threatens the unity, integrity, defence, security or
507
+ sovereignty of India, friendly relations with foreign states, or
508
+ public order or causes incitement to the commission of any
509
+ cognizable offence or prevents investigation of any offence or
510
+ is insulting any other nation.
511
+ </p>
512
+ <h3>SUSPENSION OF USER ACCESS AND ACTIVITY</h3>
513
+ <p>
514
+ Notwithstanding other legal remedies that may be available, the
515
+ Firm may in its sole discretion, limit the User’s access and/or
516
+ activity by immediately removing the User’s access credentials
517
+ either temporarily or indefinitely, or suspend/terminate the
518
+ User’s association with the Platform, and/or refuse to usage of
519
+ the Platform to the User, without being required to provide the
520
+ User with notice or cause:
521
+ </p>
522
+ <p>
523
+ 1. If the User is in breach any of these Terms or the Policy.
524
+ </p>
525
+ <p>
526
+ 2. If the User has provided wrong, inaccurate, incomplete or
527
+ incorrect information.
528
+ </p>
529
+ <h3>
530
+ If the User’s actions may cause any harm, damage or loss to the
531
+ other Users or to the Firm, at the sole discretion of the Firm.
532
+ </h3>
533
+ <h3>INDEMNITY</h3>
534
+ <p>
535
+ The Users of this Platform agree to indemnify, defend and hold
536
+ harmless the Firm/Platform, and their respective directors,
537
+ officers, employees and agents (collectively, 'Parties'), from
538
+ and against any and all losses, liabilities, claims, damages,
539
+ demands, costs and expenses (including legal fees and
540
+ disbursements in connection therewith and interest chargeable
541
+ thereon) asserted against or incurred by us that arise out of,
542
+ result from, or maybe payable by virtue of, any breach or
543
+ non-performance of any representation, warranty, covenant or
544
+ agreement made or obligation to be performed pursuant to these
545
+ terms of use. Further, the User agrees to hold the Firm/Platform
546
+ harmless against any claims made by any third party due to, or
547
+ arising out of, or in connection with:
548
+ </p>
549
+ <p>1. User’s use of the Platform.</p>
550
+ <p>2. User’s violation of these Terms and Conditions.</p>
551
+ <p>3. User’s violation of any rights of another.</p>
552
+ <p>
553
+ 4. User’s alleged improper conduct pursuant to these Services.
554
+ </p>
555
+ <p>5. User’s conduct in connection with the Platform.</p>
556
+ <p>
557
+ User agrees to fully cooperate in indemnifying the Firm and the
558
+ Platform at the user’s expense. The user also agrees not to
559
+ reach a settlement with any party without the consent of the
560
+ Firm.
561
+ </p>
562
+ <p>
563
+ In no event shall the Firm/Platform be liable to compensate the
564
+ User or any third party for any special, incidental, indirect,
565
+ consequential or punitive damages whatsoever, including those
566
+ resulting from loss of use, data or profits, whether or not
567
+ foreseeable, and whether or not the Firm/ Platform had been
568
+ advised of the possibility of such damages, or based on any
569
+ theory of liability, including breach of contract or warranty,
570
+ negligence or other tortuous action, or any other claim arising
571
+ out of or in connection with the User’s use of or access to the
572
+ Platform and/or the Services or materials contained therein.
573
+ </p>
574
+ <h3>LIMITATION OF LIABILITY</h3>
575
+ <p>
576
+ 1. The Founders/ Promoters/ Partners/ Associated people of the
577
+ Firm/Platform are not responsible for any consequences arising
578
+ out of the following events:
579
+ </p>
580
+ <p>
581
+ . If the Platform is inoperative/non-responsive due to any
582
+ connectivity errors associated with the internet connection such
583
+ as but not limited to slow connectivity, no connectivity, server
584
+ failure.
585
+ </p>
586
+ <p>
587
+ . If the User has fed incorrect information or data or for any
588
+ deletion of data.
589
+ </p>
590
+ <p>
591
+ . If there is any deficiency or defect in the Services managed
592
+ by Us.
593
+ </p>
594
+ <p>
595
+ . If there is a failure in the functioning of any other service
596
+ provided by the Platform.
597
+ </p>
598
+ <p>
599
+ 2. The Platform accepts no liability for any errors or
600
+ omissions, on behalf of itself, or for any damage caused to the
601
+ User, the User’s belongings, or to any third party, resulting
602
+ from the use or misuse of the Platform or any service availed of
603
+ by the User through the Platform. The service and any Content or
604
+ material displayed on the service is provided without any
605
+ guarantees, conditions or warranties as to its accuracy,
606
+ suitability, completeness or reliability. The Platform will not
607
+ be liable to you for the unavailability or failure of the
608
+ Platform.
609
+ </p>
610
+ <p>
611
+ 3. Users are to comply with all laws applicable to them or to
612
+ their activities, and with all Policies, which are hereby
613
+ incorporated into this Agreement by reference.
614
+ </p>
615
+ <p>
616
+ 4.The Platform expressly excludes any liability for any loss or
617
+ damage that was not reasonably foreseeable by the Platform and
618
+ which is incurred by you in connection with the Platform,
619
+ including loss of profits; and any loss or damage incurred by
620
+ you as a result of your breach of these terms.
621
+ </p>
622
+ <p>
623
+ 5. To the fullest extent permitted by law, the Platform shall
624
+ not be liable to you or any other party for any loss or damage,
625
+ regardless of the form of action or basis of any claim. You
626
+ acknowledge and agree that your sole and exclusive remedy for
627
+ any dispute with us is to terminate your use of the Platform
628
+ </p>
629
+ <p>
630
+ Unless expressly agreed to in writing, nothing contained herein
631
+ shall give the User a right to use any of the Platform’s,
632
+ trademarks, service marks, logos, domain names, information,
633
+ questions, answers, solutions, reports and other distinctive
634
+ brand features, save according to the provisions of these Terms.
635
+ All logos, trademarks, brand names, service marks, domain names,
636
+ including material, designs, and graphics created by and
637
+ developed by the Platform and other distinctive brand features
638
+ of the Platform are the property of the Firm or the respective
639
+ copyright or trademark owner. Furthermore, with respect to the
640
+ Platform created by the Firm, the Firm shall be the exclusive
641
+ owner of all the designs, graphics and the like, related to the
642
+ Platform.
643
+ </p>
644
+ <h3>INTELLECTUAL PROPERTY RIGHTS</h3>
645
+ <p>
646
+ The User may not use any of the intellectual property displayed
647
+ on the Platform in any manner that is likely to cause confusion
648
+ among existing or prospective Users of the Platform, or that in
649
+ any manner disparages or discredits the Firm/Platform, to be
650
+ determined in the sole discretion of the Firm.
651
+ </p>
652
+ <p>
653
+ 1. The User agrees and undertakes that they are accessing the
654
+ Platform at their sole risk and are that they are using their
655
+ best and prudent judgment before availing any service listed on
656
+ the Platform or accessing/using any information displayed
657
+ thereon.
658
+ </p>
659
+ <h3>DISCLAIMER OF WARRANTIES AND LIABILITIES</h3>
660
+ <p>
661
+ 2. The User agrees that any kind of information, resources,
662
+ activities, recommendations obtained/availed from Platform,
663
+ written or oral, will not create any warranty and the Platform
664
+ disclaims all liabilities resulting from these.
665
+ </p>
666
+ <p>
667
+ 3. The Firm/Platform does not guarantee that the Services
668
+ contained in the Platform will be uninterrupted or error-free,
669
+ or that the Platform or its server will be free of viruses or
670
+ other harmful components, and the User hereby expressly accepts
671
+ any and all associated risks involved with the User’s use of the
672
+ Platform.
673
+ </p>
674
+ <p>
675
+ It is further agreed to by the Parties that the contents of this
676
+ Section shall survive even after the termination or expiry of
677
+ the Terms and/or Policy.
678
+ </p>
679
+ <p>
680
+ Neither the Firm nor the Platform shall be liable for damages
681
+ for any delay or failure to perform its obligations hereunder if
682
+ such delay or failure is due to cause beyond its control or
683
+ without its fault or negligence, due to Force Majeure events
684
+ including but not limited to acts of war, acts of God,
685
+ earthquake, riot, fire, festive activities sabotage, labour
686
+ shortage or dispute, internet interruption, technical failure,
687
+ breakage of sea cable, hacking, piracy, cheating, illegal or
688
+ unauthorized.
689
+ </p>
690
+ <h3>FORCE MAJEURE</h3>
691
+ <p>
692
+ It is expressly agreed to by the Parties hereto that the
693
+ formation, interpretation and performance of these Terms and any
694
+ disputes arising therefrom will be resolved through a two-step
695
+ Alternate Dispute Resolution (“ADR”) mechanism. It is further
696
+ agreed to by the Parties that the contents of this Section shall
697
+ survive even after the termination or expiry of the Terms and/or
698
+ Policy.
699
+ </p>
700
+ <h3>DISPUTE RESOLUTION AND JURISDICTION</h3>
701
+ <p>
702
+ 1. <b>Mediation:</b>In case of any dispute between the parties,
703
+ the Parties will attempt to resolve the same amicably amongst
704
+ themselves, to the mutual satisfaction of all Parties. In the
705
+ event that the Parties are unable to reach such an amicable
706
+ solution within thirty (30) days of one Party communicating the
707
+ existence of a dispute to any other Party, the dispute will be
708
+ resolved by arbitration, as detailed hereinbelow;
709
+ </p>
710
+ <p>
711
+ 1. <b>Arbitration::</b>In the event that the Parties are unable
712
+ to amicably resolve a dispute by mediation, said dispute will be
713
+ referred to arbitration by a sole arbitrator to be appointed by
714
+ the Firm, and the award passed by such sole arbitrator will be
715
+ valid and binding on all Parties. The Parties shall bear their
716
+ own costs for the proceedings, although the sole arbitrator may,
717
+ in his/her sole discretion, direct either Party to bear the
718
+ entire cost of the proceedings. The arbitration shall be
719
+ conducted in English, and the seat of Arbitration shall be
720
+ Delhi, India.
721
+ </p>
722
+ <p>
723
+ The Parties expressly agree that the Terms of Use, Privacy
724
+ Policy and any other agreements entered into between the Parties
725
+ are governed by the laws, rules and regulations of India
726
+ </p>
727
+ <p>
728
+ Any and all communication relating to any dispute or grievance
729
+ experienced by the User may be communicated to the Firm by the
730
+ User by emailing to care@{{ page.companyName }}.
731
+ </p>
732
+ <h3>NOTICES</h3>
733
+ <h3>MISCELLANEOUS PROVISIONS</h3>
734
+ <p>
735
+ 1. <b>Entire Agreement:</b> These Terms, read with the Policy,
736
+ form the complete and final contract between the User and the
737
+ Firm with respect to the subject matter hereof and supersedes
738
+ all other communications, representations and agreements
739
+ (whether oral, written or otherwise) relating thereto.
740
+ </p>
741
+ <p>
742
+ 2. <b>Waiver:</b>The failure of either Party at any time to
743
+ require performance of any provision of these Terms shall in no
744
+ manner affect such Party's right at a later time to enforce the
745
+ same. No waiver by either party of any breach of these Terms,
746
+ whether by conduct or otherwise, in any one or more instances,
747
+ shall be deemed to be or construed as a further or continuing
748
+ waiver of any such breach, or a waiver of any other breach of
749
+ these Terms.
750
+ </p>
751
+ <p>
752
+ 3. <b>Severability:</b> If any provision/clause of these Terms
753
+ is held to be invalid, illegal or unenforceable by any court or
754
+ authority of competent jurisdiction, the validity, legality and
755
+ enforceability of the remaining provisions/clauses of these
756
+ Terms shall in no way be affected or impaired thereby, and each
757
+ such provision/clause of these Terms shall be valid and
758
+ enforceable to the fullest extent permitted by law. In such
759
+ case, these Terms shall be reformed to the minimum extent
760
+ necessary to correct any invalidity, illegality or
761
+ unenforceability, while preserving to the maximum extent the
762
+ original rights, intentions and commercial expectations of the
763
+ Parties hereto, as expressed herein.
764
+ </p>
765
+ <p>
766
+ 4.<b> Contact Us</b>: If you have any questions about this
767
+ Policy, the practices of the Platform, or your experience with
768
+ the Service provided by the Platform, you can contact us at
769
+ care@{{ page.companyName }}.
770
+ </p>
771
+ </div>
772
+ </div>
773
+ <div>{{content}}</div>
774
+ {%- if site.monumetricId and page.url != '/' and page.lang == "en" -%}
775
+ </div>
776
+ </div>
777
+ {%- endif -%}
778
+ </div>
779
+ {% include appscms/footer/static-footer.html %} {% include script.html %}
780
+ </body>
781
+ </html>