word-games-theme 1.9.5 → 1.9.6

Sign up to get free protection for your applications and to get access to all the features.
@@ -58,386 +58,550 @@
58
58
  <!-- Start main body content -->
59
59
  <section class="features-content section-gap">
60
60
  <div class="container">
61
- <p>We,<b>{{page.companyName}}</b>, registered under the provisions of the Limited Liability Partnership Act
62
- 2008,
63
- having its registered office at "Ghaziabad, Uttar Pradesh – 245304, INDIA"
64
- represented by its Directors, hereinafter referred to as the <b>“FIRM”</b> (where such expression
65
- shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs,
66
- representatives, administrators, permitted successors and assigns).</p>
67
- <p>The Firm ensures steady commitment to Your usage of the Platform and privacy with regard to the
68
- protection of Your invaluable information. This document contains information about the Website and
69
- domain https://{{page.companyName}}.{{page.domain}} (hereinafter referred to as the “Platform” ).</p>
70
- <p>For the purpose of these Terms of Use (“Terms”), wherever the context so requires,</p>
71
- <p>1. “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Firm, as the context so
72
- requires.</p>
73
- <p>2. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals who use
74
- the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
75
- <p>3. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals who use
76
- the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
77
- <p>4. “Third Parties” refer to any Application, Firm or individual apart from the User and the creator
78
- of this Platform/Domain.</p>
79
- <p>5. “ The termUserrefers to the individuals who will be using the platform to avail the features
80
- and the services of the platform.</p>
81
- <p>6. “ The term “User refers to the individuals who will be using the platform to avail the features
82
- and the services of the platform.</p>
83
- <p>7. The headings of each section in these Terms are only for the purpose of comanizing the various
84
- provisions under these Terms in an orderly manner and shall not be used by either Party to interpret
85
- the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties
86
- that the headings shall have no legal or contractual value.</p>
87
- <p>8. “The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally
88
- binding agreement between the User and the Firm, and that the User shall be subject to the rules,
89
- guidelines, policies, terms, and conditions applicable to any service that is provided by the
90
- Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be
91
- treated as part and parcel of the same. The User acknowledges and agrees that no signature or
92
- express act is required to make these Terms and the Policy binding on the User and that the User’s
93
- act of visiting any part of the Platform constitutes the User’s full and final acceptance of these
94
- Terms and the aforementioned Policy.</p>
95
- <p>9. “The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior
96
- permission or intimation to the User, and the User expressly agrees that any such amendments or
97
- modifications shall come into effect immediately. The User has a duty to periodically check the
98
- terms and stay updated on its requirements. If the User continues to use the Platform following such
99
- a change, the User will be deemed to have consented to any and all amendments/modifications made to
100
- the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive,
101
- non-transferable, revocable, limited privilege to access and use the Platform and the Services. If
102
- the User does not adhere to the changes, You must stop using the Services at once. Your continued
103
- use of the Services will signify your acceptance of the changed terms.</p>
104
- <h3> REGISTRATION </h3>
105
- <p>1. The Users are also provided with an option to link their Facebook/Google accounts with the
106
- Platform at the time of their registration in order to smoothen the process of registration.</p>
107
- <p>2. Registration for this Platform is available for all age groups, barring those “Incompetent to
108
- Contract” which inter alia include insolvents with an exception to Minors.</p>
109
- <p>3. Further, at any time during Your use of this Platform, including but not limited to the time of
110
- registration, You are solely responsible for protecting the confidentiality of Your Username and
111
- password, and any activity under the account shall be deemed to have been done by You. In the case
112
- that you provide us with false and/or inaccurate details or we have reason to believe you have done
113
- so, we hold the right to permanently suspend your account. You agree that you will not disclose your
114
- password to any third party and that you will take sole responsibility for any activities or actions
115
- under your account, whether or not you have authorized such activities or actions. You will
116
- immediately notify us of any hereinbelow use of your account.</p>
117
- <h3> PLATFORM OVERVIEW </h3>
118
- <p>@{{page.companyName}}.{{page.domain}} is a platform owned and operated by
119
- @{{page.companyName}}.{{page.domain}} LLP which is a limited liability
120
- partnership registered under the provisions of the Limited Liability Partnership Act, 2008.</p>
121
- <p>Servers for this website are hosted on Firebase. User is not required to install any software on his
122
- machine to use the Platform. The Platform is User-friendly and is accessible on all software and all
123
- devices such as Mac/Windows/Linux/Android/iOS.</p>
124
- <h3> ELIGIBILITY </h3>
125
- <p>Servers for this website are hosted on Firebase. User is not required to install any software on his
126
- machine to use the Platform. The Platform is User-friendly and is accessible on all software and all
127
- devices such as Mac/Windows/Linux/Android/iOS.</p>
128
- <p>The Users may not use the Platform if they are not competent to contract or are disqualified from
129
- doing so by any other applicable law, rule or regulation currently in force.</p>
130
- <h3> CONTENT </h3>
131
- <p>All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names,
132
- descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by Platform
133
- and the Platform have control over it and assures a reasonable quality, the accuracy, integrity or
134
- genuineness of products sold on the Platform.</p>
135
- <p>All the Content displayed on the Platform is subject to copyright and shall not be reused by any
136
- party (or a third party) without the prior written consent of the Firm and the copyright owner.</p>
137
- <p>The Users are solely responsible for the integrity, authenticity, quality and genuineness of the
138
- feedback and comments by Users can be made via the Platform, the Platform bears no liability
139
- whatsoever for any feedback or comments made by the Users or made in respect of any of the content
140
- on the Platform. Further, the Platform reserves its right to suspend the account of any User for an
141
- indefinite period to be decided at the discretion of the Platform or to terminate the account of any
142
- User who is found to have created or shared or submitted any Content or part thereof that is found
143
- to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for
144
- making good any financial or legal losses incurred through the creation/sharing/submission of
145
- Content or part thereof that is deemed to be untrue/inaccurate/misleading.</p>
146
- <p>The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access
147
- the Content on the Platform. Users shall not copy, adapt, and modify any content without written
148
- permission of the Firm.</p>
149
- <h3> TERM </h3>
150
- <p>1. These Terms shall continue to form a valid and binding contract between the Parties and shall
151
- continue to be in full force and effect until the User continues to access and use the Platforms.
152
- </p>
153
- <p>2. The Users may terminate their use of the Platform at any time.</p>
154
- <p>3. The Firm may terminate these Terms and close a User’s account at any time without notice and/or
155
- suspend or terminate a User’s access to the Platform at any time and for any reason, if any
156
- discrepancy or legal issue arises.</p>
157
- <p>4. Such suspension or termination shall not limit our right to take any other action against you that
158
- the Firm considers appropriate.</p>
159
- <p>5. It is also hereby declared that the Firm may discontinue the Services and Platforms without any
160
- prior notice.</p>
161
- <h3> AMENDMENT AND TERMINATION </h3>
162
- <p>1. The Firm reserves the right, in its sole discretion, to unilaterally to either amend, limit or
163
- terminate the User’s access to the Platform, or any portion or wholly thereof, at any time, without
164
- notice or cause.</p>
165
- <p>2.The Platform also reserves the universal right to deny part or in entirety, the access to
166
- particular Users or any such Users with similar IP, to any/all of are on its Platform without any
167
- prior notice/explanation in order to protect the interests of the Platform and/or other visitors to
168
- the Platform.</p>
169
- <p>The Platform reserves the right to limit, deny or create different access to the Platform and its
170
- features with respect to different Users, or to change any of the features or introduce new features
171
- without prior notice.</p>
172
- <p>The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that
173
- the User shall not have the right to terminate these Terms till the expiry of the same.</p>
174
- <p>COMMUNICATION By using this Platform and providing his/her identity and contact information to the
175
- Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from
176
- the Firm and/or any of its representatives at any time. User can report to
177
- care@{{page.companyName}}.{{page.domain}} if they
178
- find any discrepancy with regard to Platform or content-related information and the Firm will take
179
- necessary action after an investigation. The response with resolution (if any issues found) shall be
180
- dependent on the time is taken for investigation. The User expressly agrees that notwithstanding
181
- anything contained hereinabove, it may be contacted by the Firm or any representatives relating to
182
- any Product purchased by the User on the Platform or anything pursuant thereto and the Users agrees
183
- to indemnify the Firm from any and all harassment claims. It is expressly agreed to by the Parties
184
- that any information shared by the User with the Firm shall be governed by the Privacy Policy.</p>
185
- <h3> USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT </h3>
186
- <p>The Client agrees and acknowledges that they are a restricted user of this Platform and that they:
187
- </p>
188
- <p>1. Agree to provide genuine credentials during the process of registration on the Platform. You shall
189
- not use a fictitious identity to register. The Firm is not liable if the User has provided incorrect
190
- information.</p>
191
- <p>2.Agree to ensure the Name, Email address, Address, Mobile number and any such other information
192
- provided during account registration is valid at all times and shall keep your information accurate
193
- and up-to-date. The User can update their details anytime through accessing their profile on the
194
- platform.</p>
195
- <p>3.Agree that they are solely responsible for maintaining the confidentiality of your account
196
- password. You agree to notify us immediately of any unauthorized use of your account. Firm reserves
197
- the right to close your account at any time for any or no reason.</p>
198
- <p>4. Understand and acknowledge that the data submitted is manually entered into the database of the
199
- Platform. The User also acknowledges the fact that data so entered into the database is for the
200
- purpose of easy and ready reference for the User, and to streamline the Services through the
201
- Platform.</p>
202
- <p>5. Authorize the Platform to use, store or otherwise process certain personal information and all
203
- published Content, Client responses, Client locations, User comments, reviews and ratings for
204
- personalization of Services, marketing and promotional purposes and for optimisation of User-related
205
- options and Services</p>
206
- <p>6. Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and their
207
- successors and assigns, or any of their affiliates or their respective officers, directors,
208
- employees, agents, licensors, representatives, operational service providers, advertisers or
209
- suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection
210
- with or arising from use of the Platform or from this terms of use, including, but not limited to,
211
- compensatory, consequential, incidental, indirect, special or punitive damages.</p>
212
- <p>7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post,
213
- publish or create derivative works from, transfer, or sell any information or obtained from the
214
- Platform. Any such use/limited use of the Platform will only be allowed with the prior express
215
- written permission of the Firm.</p>
216
- <p>Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means
217
- other than through the interface provided by the Platform. The use of deep-link, robot, spider or
218
- other automatic devices, program, algorithm or methodology, or any similar or equivalent manual
219
- process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any
220
- way reproduce or circumvent the navigational structure or presentation of the Platform, materials or
221
- any content, or to obtain or attempt to obtain any materials, documents or information through any
222
- means not specifically made available through the Platform will lead to suspension or termination of
223
- the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the
224
- Platform or any of the Services provided therein, it may be exposed to content that it may consider
225
- offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities arising
226
- in relation to such offensive content on the Platform.</p>
227
- <p>Expressly agree and acknowledge that the Content generated by the User and displayed on the Platform
228
- is not owned by the Firm and that the Firm is in no way responsible for the content of the same. The
229
- User may, however, report any offensive or objectionable content, which the Firm may then remove
230
- from the Platform, at its sole discretion</p>
231
- <p>Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the
232
- Firm from whom the Users are utilizing services.</p>
233
- <h3> The User further undertakes not to: </h3>
234
- <p>1. Engage in any activity that interferes with or disrupts access to the Platform or the Services
235
- provided therein (or the servers and networks which are connected to the Platform).</p>
236
- <p>2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation
237
- with a person or entity.</p>
238
- <p>3. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform,
239
- nor breach the security or authentication measures on the Platform or any network connected to the
240
- Platform. The User may not reverse look-up, trace or seek to trace any information relating to any
241
- other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User
242
- account maintained on the Platform not operated/managed by the User, or exploit the Platform or
243
- information made available or offered by or through the Platform, in any manner.</p>
244
- <p>4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems
245
- resources, accounts, passwords, servers or networks connected to or accessible through the Platform
246
- or any affiliated or linked Platforms.</p>
247
- <p>5. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited
248
- by these Terms, or to solicit the performance of any illegal activity or other activity which
249
- infringes the rights of this Platform or any other third party (s).</p>
250
- <p>6. Violate any code of conduct or guideline which may be applicable for or to any particular service
251
- offered on the Platform.</p>
252
- <p>7. Violate any applicable laws, rules or regulations currently in force within or outside India.</p>
253
- <p>8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any
254
- applicable additional terms of the Platform contained herein or elsewhere, whether made by
255
- amendment, modification, or otherwise.</p>
256
- <p>9. Commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet
257
- Establishment (ISP) or in any manner disrupts the Services of any other supplier/service provider of
258
- the Firm/Platform.</p>
259
- <p>10. Further:The User hereby expressly authorizes the Firm/Platform to disclose any and all
260
- information relating to the User in the possession of the Firm/Platform to law enforcement or other
261
- government officials, as the Firm may in its sole discretion, believe necessary or appropriate in
262
- connection with the investigation and/or resolution of possible crimes, especially those involve
263
- personal injury and theft/infringement of intellectual property. The User further understands that
264
- the Firm/Platform might be directed to disclose any information (including the identity of persons
265
- providing information or materials on the Platform) as necessary to satisfy any judicial Order, law,
266
- regulation or valid governmental request.</p>
267
- <p>11. By indicating User's acceptance to purchase any product or service offered on the site, the user
268
- is obligated to complete such transactions after making payment. Users shall prohibit from
269
- indicating their acceptance to avail services where the transactions have remained incomplete.</p>
270
- <p>12. The User agrees to use the services provided by the Firm, its affiliates, consultants and
271
- contracted companies, for lawful purposes only.</p>
272
- <p>13. The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any
273
- such instances, the Firm reserves all rights to cancel the current and future orders and block the
274
- concerned User account.</p>
275
- <p>14. The User agrees to provide authentic and true information. The Firm reserves the right to
276
- validate the information and other details provided by the User at any point of time. If upon such
277
- User details are found to be false, not to be true (wholly or partly), the Firm shall in its sole
278
- discretion reject the registration and debar the User from using the Services available on its
279
- Website, and/or other affiliated websites without prior intimation whatsoever.</p>
280
- <p>15. The User agrees not to post any material on the website that is defamatory, offensive, obscene,
281
- indecent, abusive, or needlessly distressful, or advertising any goods or services. More
282
- specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in
283
- any manner share any information that:</p>
284
- <p>1. belongs to another person and to which the User has no right to.</p>
285
- <p>2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
286
- libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
287
- disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any
288
- manner whatever.</p>
289
- <p>3.is in any way harmful to minors.</p>
290
- <p>4.infringes any patent, trademark, copyright or other proprietary rights.</p>
291
- <p>5.violates any law for the time being in force.</p>
292
- <p>6.deceives or misleads the addressee about the origin of such messages or communicates any
293
- information which is grossly offensive or menacing in nature.</p>
294
- <p>7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the
295
- legal rights of others.</p>
296
- <p>8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with
297
- a person or entity.</p>
298
- <p>9. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous,
299
- defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful,
300
- or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or
301
- gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or unlawfully
302
- harassing including but not limited to indecent 'representation of women' within the meaning of the
303
- Indecent Representation of Women (Prohibition) Act, 1986;</p>
304
- <p>10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
305
- with foreign states, or public order or causes incitement to the commission of any cognizable
306
- offence or prevents investigation of any offence or is insulting any other nation.</p>
307
- <h3> SUSPENSION OF USER ACCESS AND ACTIVITY </h3>
308
- <p>Notwithstanding other legal remedies that may be available, the Firm may in its sole discretion,
309
- limit the User’s access and/or activity by immediately removing the User’s access credentials either
310
- temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or
311
- refuse to usage of the Platform to the User, without being required to provide the User with notice
312
- or cause:</p>
313
- <p>1. If the User is in breach any of these Terms or the Policy.</p>
314
- <p>2. If the User has provided wrong, inaccurate, incomplete or incorrect information.</p>
315
- <h3> If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, at the
316
- sole discretion of the Firm. </h3>
317
- <h3> INDEMNITY </h3>
318
- <p>The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform, and their
319
- respective directors, officers, employees and agents (collectively, 'Parties'), from and against any
320
- and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and
321
- disbursements in connection therewith and interest chargeable thereon) asserted against or incurred
322
- by us that arise out of, result from, or maybe payable by virtue of, any breach or non-performance
323
- of any representation, warranty, covenant or agreement made or obligation to be performed pursuant
324
- to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against any
325
- claims made by any third party due to, or arising out of, or in connection with:</p>
326
- <p>1. User’s use of the Platform.</p>
327
- <p>2. User’s violation of these Terms and Conditions.</p>
328
- <p>3. User’s violation of any rights of another.</p>
329
- <p>4. User’s alleged improper conduct pursuant to these Services.</p>
330
- <p>5. User’s conduct in connection with the Platform.</p>
331
- <p>User agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s expense. The
332
- user also agrees not to reach a settlement with any party without the consent of the Firm.</p>
333
- <p>In no event shall the Firm/Platform be liable to compensate the User or any third party for any
334
- special, incidental, indirect, consequential or punitive damages whatsoever, including those
335
- resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the
336
- Firm/ Platform had been advised of the possibility of such damages, or based on any theory of
337
- liability, including breach of contract or warranty, negligence or other tortuous action, or any
338
- other claim arising out of or in connection with the User’s use of or access to the Platform and/or
339
- the Services or materials contained therein.</p>
340
- <h3> LIMITATION OF LIABILITY </h3>
341
- <p>1. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not responsible for
342
- any consequences arising out of the following events:</p>
343
- <p>. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the
344
- internet connection such as but not limited to slow connectivity, no connectivity, server failure.
345
- </p>
346
- <p>. If the User has fed incorrect information or data or for any deletion of data.</p>
347
- <p>. If there is any deficiency or defect in the Services managed by Us.</p>
348
- <p>. If there is a failure in the functioning of any other service provided by the Platform.</p>
349
- <p>2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any
350
- damage caused to the User, the User’s belongings, or to any third party, resulting from the use or
351
- misuse of the Platform or any service availed of by the User through the Platform. The service and
352
- any Content or material displayed on the service is provided without any guarantees, conditions or
353
- warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be
354
- liable to you for the unavailability or failure of the Platform.</p>
355
- <p>3. Users are to comply with all laws applicable to them or to their activities, and with all
356
- Policies, which are hereby incorporated into this Agreement by reference.</p>
357
- <p>4.The Platform expressly excludes any liability for any loss or damage that was not reasonably
358
- foreseeable by the Platform and which is incurred by you in connection with the Platform, including
359
- loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
360
- </p>
361
- <p>5. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party
362
- for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and
363
- agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the
364
- Platform</p>
365
- <p>Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use
366
- any of the Platform’s, trademarks, service marks, logos, domain names, information, questions,
367
- answers, solutions, reports and other distinctive brand features, save according to the provisions
368
- of these Terms. All logos, trademarks, brand names, service marks, domain names, including material,
369
- designs, and graphics created by and developed by the Platform and other distinctive brand features
370
- of the Platform are the property of the Firm or the respective copyright or trademark owner.
371
- Furthermore, with respect to the Platform created by the Firm, the Firm shall be the exclusive owner
372
- of all the designs, graphics and the like, related to the Platform.</p>
373
- <h3> INTELLECTUAL PROPERTY RIGHTS </h3>
374
- <p>The User may not use any of the intellectual property displayed on the Platform in any manner that is
375
- likely to cause confusion among existing or prospective Users of the Platform, or that in any manner
376
- disparages or discredits the Firm/Platform, to be determined in the sole discretion of the Firm.</p>
377
- <p>1. The User agrees and undertakes that they are accessing the Platform at their sole risk and are
378
- that they are using their best and prudent judgment before availing any service listed on the
379
- Platform or accessing/using any information displayed thereon.</p>
380
- <h3> DISCLAIMER OF WARRANTIES AND LIABILITIES </h3>
381
- <p>2. The User agrees that any kind of information, resources, activities, recommendations
382
- obtained/availed from Platform, written or oral, will not create any warranty and the Platform
383
- disclaims all liabilities resulting from these.</p>
384
- <p>3. The Firm/Platform does not guarantee that the Services contained in the Platform will be
385
- uninterrupted or error-free, or that the Platform or its server will be free of viruses or other
386
- harmful components, and the User hereby expressly accepts any and all associated risks involved with
387
- the User’s use of the Platform.</p>
388
- <p>It is further agreed to by the Parties that the contents of this Section shall survive even after the
389
- termination or expiry of the Terms and/or Policy.</p>
390
- <p>Neither the Firm nor the Platform shall be liable for damages for any delay or failure to perform its
391
- obligations hereunder if such delay or failure is due to cause beyond its control or without its
392
- fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of
393
- God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet
394
- interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or
395
- unauthorized.</p>
396
- <h3> FORCE MAJEURE </h3>
397
- <p>It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of
398
- these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute
399
- Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this
400
- Section shall survive even after the termination or expiry of the Terms and/or Policy.</p>
401
- <h3> DISPUTE RESOLUTION AND JURISDICTION </h3>
402
- <p>1. <b>Mediation:</b>In case of any dispute between the parties, the Parties will attempt to resolve
403
- the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that
404
- the Parties are unable to reach such an amicable solution within thirty (30) days of one Party
405
- communicating the existence of a dispute to any other Party, the dispute will be resolved by
406
- arbitration, as detailed hereinbelow;</p>
407
- <p>1. <b>Arbitration::</b>In the event that the Parties are unable to amicably resolve a dispute by
408
- mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the
409
- Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The
410
- Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her
411
- sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration
412
- shall be conducted in English, and the seat of Arbitration shall be Delhi, India.</p>
413
- <p>The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements entered
414
- into between the Parties are governed by the laws, rules and regulations of India</p>
415
- <p>Any and all communication relating to any dispute or grievance experienced by the User may be
416
- communicated to the Firm by the User by emailing to care@{{page.companyName}}.{{page.domain}}.</p>
417
- <h3> NOTICES </h3>
418
- <h3> MISCELLANEOUS PROVISIONS </h3>
419
- <p>1. <b>Entire Agreement:</b> These Terms, read with the Policy, form the complete and final contract
420
- between the User and the Firm with respect to the subject matter hereof and supersedes all other
421
- communications, representations and agreements (whether oral, written or otherwise) relating
422
- thereto.</p>
423
- <p>2. <b>Waiver:</b>The failure of either Party at any time to require performance of any provision of
424
- these Terms shall in no manner affect such Party's right at a later time to enforce the same. No
425
- waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or
426
- more instances, shall be deemed to be or construed as a further or continuing waiver of any such
427
- breach, or a waiver of any other breach of these Terms.</b> </p>
428
- <p>3. <b>Severability:</b> If any provision/clause of these Terms is held to be invalid, illegal or
429
- unenforceable by any court or authority of competent jurisdiction, the validity, legality and
430
- enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or
431
- impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to
432
- the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum
433
- extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the
434
- maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as
435
- expressed herein.</p>
436
- <p>4.<b> Contact Us</b>: If you have any questions about this Policy, the practices of the Platform, or
437
- your experience with the Service provided by the Platform, you can contact us at
438
- care@{{page.companyName}}.{{page.domain}}.
439
- </p>
61
+ {%- if site.ezoicAds and page.url != '/' and page.lang == "en" -%}
62
+ <div class="row">
63
+ <div class="col-md-9 mx-auto">
64
+ {%- endif -%}
65
+ <p>We,<b>{{page.companyName}}</b>, registered under the provisions of the Limited Liability
66
+ Partnership Act
67
+ 2008,
68
+ having its registered office at "Ghaziabad, Uttar Pradesh 245304, INDIA"
69
+ represented by its Directors, hereinafter referred to as the <b>“FIRM”</b> (where such
70
+ expression
71
+ shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs,
72
+ representatives, administrators, permitted successors and assigns).</p>
73
+ <p>The Firm ensures steady commitment to Your usage of the Platform and privacy with regard to the
74
+ protection of Your invaluable information. This document contains information about the Website
75
+ and
76
+ domain https://{{page.companyName}}.{{page.domain}} (hereinafter referred to as the “Platform”
77
+ ).</p>
78
+ <p>For the purpose of these Terms of Use (“Terms”), wherever the context so requires,</p>
79
+ <p>1. “We”, “Our”, andUsshall mean and refer to the Domain and/or the Firm, as the context so
80
+ requires.</p>
81
+ <p>2. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals who
82
+ use
83
+ the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
84
+ <p>3. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals who
85
+ use
86
+ the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
87
+ <p>4. “Third Parties” refer to any Application, Firm or individual apart from the User and the
88
+ creator
89
+ of this Platform/Domain.</p>
90
+ <p>5. The term “User” refers to the individuals who will be using the platform to avail the
91
+ features
92
+ and the services of the platform.</p>
93
+ <p>6. The term “User” refers to the individuals who will be using the platform to avail the
94
+ features
95
+ and the services of the platform.</p>
96
+ <p>7. The headings of each section in these Terms are only for the purpose of comanizing the
97
+ various
98
+ provisions under these Terms in an orderly manner and shall not be used by either Party to
99
+ interpret
100
+ the provisions contained herein in any manner. Further, it is specifically agreed to by the
101
+ Parties
102
+ that the headings shall have no legal or contractual value.</p>
103
+ <p>8. “The User unequivocally agrees that these Terms and the aforementioned Policy constitute a
104
+ legally
105
+ binding agreement between the User and the Firm, and that the User shall be subject to the
106
+ rules,
107
+ guidelines, policies, terms, and conditions applicable to any service that is provided by the
108
+ Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be
109
+ treated as part and parcel of the same. The User acknowledges and agrees that no signature or
110
+ express act is required to make these Terms and the Policy binding on the User and that the
111
+ User’s
112
+ act of visiting any part of the Platform constitutes the User’s full and final acceptance of
113
+ these
114
+ Terms and the aforementioned Policy.</p>
115
+ <p>9. “The Firm reserves the sole and exclusive right to amend or modify these Terms without any
116
+ prior
117
+ permission or intimation to the User, and the User expressly agrees that any such amendments or
118
+ modifications shall come into effect immediately. The User has a duty to periodically check the
119
+ terms and stay updated on its requirements. If the User continues to use the Platform following
120
+ such
121
+ a change, the User will be deemed to have consented to any and all amendments/modifications made
122
+ to
123
+ the Terms. In so far as the User complies with these Terms, it is granted a personal,
124
+ non-exclusive,
125
+ non-transferable, revocable, limited privilege to access and use the Platform and the Services.
126
+ If
127
+ the User does not adhere to the changes, You must stop using the Services at once. Your
128
+ continued
129
+ use of the Services will signify your acceptance of the changed terms.</p>
130
+ <h3> REGISTRATION </h3>
131
+ <p>1. The Users are also provided with an option to link their Facebook/Google accounts with the
132
+ Platform at the time of their registration in order to smoothen the process of registration.</p>
133
+ <p>2. Registration for this Platform is available for all age groups, barring those “Incompetent to
134
+ Contract” which inter alia include insolvents with an exception to Minors.</p>
135
+ <p>3. Further, at any time during Your use of this Platform, including but not limited to the time
136
+ of
137
+ registration, You are solely responsible for protecting the confidentiality of Your Username and
138
+ password, and any activity under the account shall be deemed to have been done by You. In the
139
+ case
140
+ that you provide us with false and/or inaccurate details or we have reason to believe you have
141
+ done
142
+ so, we hold the right to permanently suspend your account. You agree that you will not disclose
143
+ your
144
+ password to any third party and that you will take sole responsibility for any activities or
145
+ actions
146
+ under your account, whether or not you have authorized such activities or actions. You will
147
+ immediately notify us of any hereinbelow use of your account.</p>
148
+ <h3> PLATFORM OVERVIEW </h3>
149
+ <p>@{{page.companyName}}.{{page.domain}} is a platform owned and operated by
150
+ @{{page.companyName}}.{{page.domain}} LLP which is a limited liability
151
+ partnership registered under the provisions of the Limited Liability Partnership Act, 2008.</p>
152
+ <p>Servers for this website are hosted on Firebase. User is not required to install any software on
153
+ his
154
+ machine to use the Platform. The Platform is User-friendly and is accessible on all software and
155
+ all
156
+ devices such as Mac/Windows/Linux/Android/iOS.</p>
157
+ <h3> ELIGIBILITY </h3>
158
+ <p>Servers for this website are hosted on Firebase. User is not required to install any software on
159
+ his
160
+ machine to use the Platform. The Platform is User-friendly and is accessible on all software and
161
+ all
162
+ devices such as Mac/Windows/Linux/Android/iOS.</p>
163
+ <p>The Users may not use the Platform if they are not competent to contract or are disqualified from
164
+ doing so by any other applicable law, rule or regulation currently in force.</p>
165
+ <h3> CONTENT </h3>
166
+ <p>All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand
167
+ names,
168
+ descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by
169
+ Platform
170
+ and the Platform have control over it and assures a reasonable quality, the accuracy, integrity
171
+ or
172
+ genuineness of products sold on the Platform.</p>
173
+ <p>All the Content displayed on the Platform is subject to copyright and shall not be reused by any
174
+ party (or a third party) without the prior written consent of the Firm and the copyright owner.
175
+ </p>
176
+ <p>The Users are solely responsible for the integrity, authenticity, quality and genuineness of the
177
+ feedback and comments by Users can be made via the Platform, the Platform bears no liability
178
+ whatsoever for any feedback or comments made by the Users or made in respect of any of the
179
+ content
180
+ on the Platform. Further, the Platform reserves its right to suspend the account of any User for
181
+ an
182
+ indefinite period to be decided at the discretion of the Platform or to terminate the account of
183
+ any
184
+ User who is found to have created or shared or submitted any Content or part thereof that is
185
+ found
186
+ to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for
187
+ making good any financial or legal losses incurred through the creation/sharing/submission of
188
+ Content or part thereof that is deemed to be untrue/inaccurate/misleading.</p>
189
+ <p>The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to
190
+ access
191
+ the Content on the Platform. Users shall not copy, adapt, and modify any content without written
192
+ permission of the Firm.</p>
193
+ <h3> TERM </h3>
194
+ <p>1. These Terms shall continue to form a valid and binding contract between the Parties and shall
195
+ continue to be in full force and effect until the User continues to access and use the
196
+ Platforms.
197
+ </p>
198
+ <p>2. The Users may terminate their use of the Platform at any time.</p>
199
+ <p>3. The Firm may terminate these Terms and close a User’s account at any time without notice
200
+ and/or
201
+ suspend or terminate a User’s access to the Platform at any time and for any reason, if any
202
+ discrepancy or legal issue arises.</p>
203
+ <p>4. Such suspension or termination shall not limit our right to take any other action against you
204
+ that
205
+ the Firm considers appropriate.</p>
206
+ <p>5. It is also hereby declared that the Firm may discontinue the Services and Platforms without
207
+ any
208
+ prior notice.</p>
209
+ <h3> AMENDMENT AND TERMINATION </h3>
210
+ <p>1. The Firm reserves the right, in its sole discretion, to unilaterally to either amend, limit or
211
+ terminate the User’s access to the Platform, or any portion or wholly thereof, at any time,
212
+ without
213
+ notice or cause.</p>
214
+ <p>2.The Platform also reserves the universal right to deny part or in entirety, the access to
215
+ particular Users or any such Users with similar IP, to any/all of are on its Platform without
216
+ any
217
+ prior notice/explanation in order to protect the interests of the Platform and/or other visitors
218
+ to
219
+ the Platform.</p>
220
+ <p>The Platform reserves the right to limit, deny or create different access to the Platform and its
221
+ features with respect to different Users, or to change any of the features or introduce new
222
+ features
223
+ without prior notice.</p>
224
+ <p>The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties
225
+ that
226
+ the User shall not have the right to terminate these Terms till the expiry of the same.</p>
227
+ <p>COMMUNICATION By using this Platform and providing his/her identity and contact information to
228
+ the
229
+ Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS
230
+ from
231
+ the Firm and/or any of its representatives at any time. User can report to
232
+ care@{{page.companyName}}.{{page.domain}} if they
233
+ find any discrepancy with regard to Platform or content-related information and the Firm will
234
+ take
235
+ necessary action after an investigation. The response with resolution (if any issues found)
236
+ shall be
237
+ dependent on the time is taken for investigation. The User expressly agrees that notwithstanding
238
+ anything contained hereinabove, it may be contacted by the Firm or any representatives relating
239
+ to
240
+ any Product purchased by the User on the Platform or anything pursuant thereto and the Users
241
+ agrees
242
+ to indemnify the Firm from any and all harassment claims. It is expressly agreed to by the
243
+ Parties
244
+ that any information shared by the User with the Firm shall be governed by the Privacy Policy.
245
+ </p>
246
+ <h3> USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT </h3>
247
+ <p>The Client agrees and acknowledges that they are a restricted user of this Platform and that
248
+ they:
249
+ </p>
250
+ <p>1. Agree to provide genuine credentials during the process of registration on the Platform. You
251
+ shall
252
+ not use a fictitious identity to register. The Firm is not liable if the User has provided
253
+ incorrect
254
+ information.</p>
255
+ <p>2.Agree to ensure the Name, Email address, Address, Mobile number and any such other information
256
+ provided during account registration is valid at all times and shall keep your information
257
+ accurate
258
+ and up-to-date. The User can update their details anytime through accessing their profile on the
259
+ platform.</p>
260
+ <p>3.Agree that they are solely responsible for maintaining the confidentiality of your account
261
+ password. You agree to notify us immediately of any unauthorized use of your account. Firm
262
+ reserves
263
+ the right to close your account at any time for any or no reason.</p>
264
+ <p>4. Understand and acknowledge that the data submitted is manually entered into the database of
265
+ the
266
+ Platform. The User also acknowledges the fact that data so entered into the database is for the
267
+ purpose of easy and ready reference for the User, and to streamline the Services through the
268
+ Platform.</p>
269
+ <p>5. Authorize the Platform to use, store or otherwise process certain personal information and all
270
+ published Content, Client responses, Client locations, User comments, reviews and ratings for
271
+ personalization of Services, marketing and promotional purposes and for optimisation of
272
+ User-related
273
+ options and Services</p>
274
+ <p>6. Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and
275
+ their
276
+ successors and assigns, or any of their affiliates or their respective officers, directors,
277
+ employees, agents, licensors, representatives, operational service providers, advertisers or
278
+ suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in
279
+ connection
280
+ with or arising from use of the Platform or from this terms of use, including, but not limited
281
+ to,
282
+ compensatory, consequential, incidental, indirect, special or punitive damages.</p>
283
+ <p>7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post,
284
+ publish or create derivative works from, transfer, or sell any information or obtained from the
285
+ Platform. Any such use/limited use of the Platform will only be allowed with the prior express
286
+ written permission of the Firm.</p>
287
+ <p>Agree not to access (or attempt to access) the Platform and/or the materials or Services by any
288
+ means
289
+ other than through the interface provided by the Platform. The use of deep-link, robot, spider
290
+ or
291
+ other automatic devices, program, algorithm or methodology, or any similar or equivalent manual
292
+ process, to access, acquire, copy or monitor any portion of the Platform or its content, or in
293
+ any
294
+ way reproduce or circumvent the navigational structure or presentation of the Platform,
295
+ materials or
296
+ any content, or to obtain or attempt to obtain any materials, documents or information through
297
+ any
298
+ means not specifically made available through the Platform will lead to suspension or
299
+ termination of
300
+ the User’s access to the Platform. The User acknowledges and agrees that by accessing or using
301
+ the
302
+ Platform or any of the Services provided therein, it may be exposed to content that it may
303
+ consider
304
+ offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities
305
+ arising
306
+ in relation to such offensive content on the Platform.</p>
307
+ <p>Expressly agree and acknowledge that the Content generated by the User and displayed on the
308
+ Platform
309
+ is not owned by the Firm and that the Firm is in no way responsible for the content of the same.
310
+ The
311
+ User may, however, report any offensive or objectionable content, which the Firm may then remove
312
+ from the Platform, at its sole discretion</p>
313
+ <p>Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with
314
+ the
315
+ Firm from whom the Users are utilizing services.</p>
316
+ <h3> The User further undertakes not to: </h3>
317
+ <p>1. Engage in any activity that interferes with or disrupts access to the Platform or the Services
318
+ provided therein (or the servers and networks which are connected to the Platform).</p>
319
+ <p>2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her
320
+ affiliation
321
+ with a person or entity.</p>
322
+ <p>3. Probe, scan or test the vulnerability of the Platform or any network connected to the
323
+ Platform,
324
+ nor breach the security or authentication measures on the Platform or any network connected to
325
+ the
326
+ Platform. The User may not reverse look-up, trace or seek to trace any information relating to
327
+ any
328
+ other User of, or visitor to, the Platform, or any other viewer of the Platform, including any
329
+ User
330
+ account maintained on the Platform not operated/managed by the User, or exploit the Platform or
331
+ information made available or offered by or through the Platform, in any manner.</p>
332
+ <p>4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems
333
+ resources, accounts, passwords, servers or networks connected to or accessible through the
334
+ Platform
335
+ or any affiliated or linked Platforms.</p>
336
+ <p>5. Use the Platform or any material or content therein for any purpose that is unlawful or
337
+ prohibited
338
+ by these Terms, or to solicit the performance of any illegal activity or other activity which
339
+ infringes the rights of this Platform or any other third party (s).</p>
340
+ <p>6. Violate any code of conduct or guideline which may be applicable for or to any particular
341
+ service
342
+ offered on the Platform.</p>
343
+ <p>7. Violate any applicable laws, rules or regulations currently in force within or outside India.
344
+ </p>
345
+ <p>8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any
346
+ applicable additional terms of the Platform contained herein or elsewhere, whether made by
347
+ amendment, modification, or otherwise.</p>
348
+ <p>9. Commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet
349
+ Establishment (ISP) or in any manner disrupts the Services of any other supplier/service
350
+ provider of
351
+ the Firm/Platform.</p>
352
+ <p>10. Further:The User hereby expressly authorizes the Firm/Platform to disclose any and all
353
+ information relating to the User in the possession of the Firm/Platform to law enforcement or
354
+ other
355
+ government officials, as the Firm may in its sole discretion, believe necessary or appropriate
356
+ in
357
+ connection with the investigation and/or resolution of possible crimes, especially those involve
358
+ personal injury and theft/infringement of intellectual property. The User further understands
359
+ that
360
+ the Firm/Platform might be directed to disclose any information (including the identity of
361
+ persons
362
+ providing information or materials on the Platform) as necessary to satisfy any judicial Order,
363
+ law,
364
+ regulation or valid governmental request.</p>
365
+ <p>11. By indicating User's acceptance to purchase any product or service offered on the site, the
366
+ user
367
+ is obligated to complete such transactions after making payment. Users shall prohibit from
368
+ indicating their acceptance to avail services where the transactions have remained incomplete.
369
+ </p>
370
+ <p>12. The User agrees to use the services provided by the Firm, its affiliates, consultants and
371
+ contracted companies, for lawful purposes only.</p>
372
+ <p>13. The User agrees not to make any bulk purchase to indulge in any resale activities. In case of
373
+ any
374
+ such instances, the Firm reserves all rights to cancel the current and future orders and block
375
+ the
376
+ concerned User account.</p>
377
+ <p>14. The User agrees to provide authentic and true information. The Firm reserves the right to
378
+ validate the information and other details provided by the User at any point of time. If upon
379
+ such
380
+ User details are found to be false, not to be true (wholly or partly), the Firm shall in its
381
+ sole
382
+ discretion reject the registration and debar the User from using the Services available on its
383
+ Website, and/or other affiliated websites without prior intimation whatsoever.</p>
384
+ <p>15. The User agrees not to post any material on the website that is defamatory, offensive,
385
+ obscene,
386
+ indecent, abusive, or needlessly distressful, or advertising any goods or services. More
387
+ specifically, the User agrees not to host, display, upload, update, publish, modify, transmit,
388
+ or in
389
+ any manner share any information that:</p>
390
+ <p>1. belongs to another person and to which the User has no right to.</p>
391
+ <p>2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
392
+ libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
393
+ disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any
394
+ manner whatever.</p>
395
+ <p>3.is in any way harmful to minors.</p>
396
+ <p>4.infringes any patent, trademark, copyright or other proprietary rights.</p>
397
+ <p>5.violates any law for the time being in force.</p>
398
+ <p>6.deceives or misleads the addressee about the origin of such messages or communicates any
399
+ information which is grossly offensive or menacing in nature.</p>
400
+ <p>7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the
401
+ legal rights of others.</p>
402
+ <p>8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation
403
+ with
404
+ a person or entity.</p>
405
+ <p>9. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous,
406
+ defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
407
+ hateful,
408
+ or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or
409
+ gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or unlawfully
410
+ harassing including but not limited to indecent 'representation of women' within the meaning of
411
+ the
412
+ Indecent Representation of Women (Prohibition) Act, 1986;</p>
413
+ <p>10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
414
+ with foreign states, or public order or causes incitement to the commission of any cognizable
415
+ offence or prevents investigation of any offence or is insulting any other nation.</p>
416
+ <h3> SUSPENSION OF USER ACCESS AND ACTIVITY </h3>
417
+ <p>Notwithstanding other legal remedies that may be available, the Firm may in its sole discretion,
418
+ limit the User’s access and/or activity by immediately removing the User’s access credentials
419
+ either
420
+ temporarily or indefinitely, or suspend/terminate the User’s association with the Platform,
421
+ and/or
422
+ refuse to usage of the Platform to the User, without being required to provide the User with
423
+ notice
424
+ or cause:</p>
425
+ <p>1. If the User is in breach any of these Terms or the Policy.</p>
426
+ <p>2. If the User has provided wrong, inaccurate, incomplete or incorrect information.</p>
427
+ <h3> If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, at
428
+ the
429
+ sole discretion of the Firm. </h3>
430
+ <h3> INDEMNITY </h3>
431
+ <p>The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform, and
432
+ their
433
+ respective directors, officers, employees and agents (collectively, 'Parties'), from and against
434
+ any
435
+ and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees
436
+ and
437
+ disbursements in connection therewith and interest chargeable thereon) asserted against or
438
+ incurred
439
+ by us that arise out of, result from, or maybe payable by virtue of, any breach or
440
+ non-performance
441
+ of any representation, warranty, covenant or agreement made or obligation to be performed
442
+ pursuant
443
+ to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against any
444
+ claims made by any third party due to, or arising out of, or in connection with:</p>
445
+ <p>1. User’s use of the Platform.</p>
446
+ <p>2. User’s violation of these Terms and Conditions.</p>
447
+ <p>3. User’s violation of any rights of another.</p>
448
+ <p>4. User’s alleged improper conduct pursuant to these Services.</p>
449
+ <p>5. User’s conduct in connection with the Platform.</p>
450
+ <p>User agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s expense.
451
+ The
452
+ user also agrees not to reach a settlement with any party without the consent of the Firm.</p>
453
+ <p>In no event shall the Firm/Platform be liable to compensate the User or any third party for any
454
+ special, incidental, indirect, consequential or punitive damages whatsoever, including those
455
+ resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the
456
+ Firm/ Platform had been advised of the possibility of such damages, or based on any theory of
457
+ liability, including breach of contract or warranty, negligence or other tortuous action, or any
458
+ other claim arising out of or in connection with the User’s use of or access to the Platform
459
+ and/or
460
+ the Services or materials contained therein.</p>
461
+ <h3> LIMITATION OF LIABILITY </h3>
462
+ <p>1. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not responsible
463
+ for
464
+ any consequences arising out of the following events:</p>
465
+ <p>. If the Platform is inoperative/non-responsive due to any connectivity errors associated with
466
+ the
467
+ internet connection such as but not limited to slow connectivity, no connectivity, server
468
+ failure.
469
+ </p>
470
+ <p>. If the User has fed incorrect information or data or for any deletion of data.</p>
471
+ <p>. If there is any deficiency or defect in the Services managed by Us.</p>
472
+ <p>. If there is a failure in the functioning of any other service provided by the Platform.</p>
473
+ <p>2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any
474
+ damage caused to the User, the User’s belongings, or to any third party, resulting from the use
475
+ or
476
+ misuse of the Platform or any service availed of by the User through the Platform. The service
477
+ and
478
+ any Content or material displayed on the service is provided without any guarantees, conditions
479
+ or
480
+ warranties as to its accuracy, suitability, completeness or reliability. The Platform will not
481
+ be
482
+ liable to you for the unavailability or failure of the Platform.</p>
483
+ <p>3. Users are to comply with all laws applicable to them or to their activities, and with all
484
+ Policies, which are hereby incorporated into this Agreement by reference.</p>
485
+ <p>4.The Platform expressly excludes any liability for any loss or damage that was not reasonably
486
+ foreseeable by the Platform and which is incurred by you in connection with the Platform,
487
+ including
488
+ loss of profits; and any loss or damage incurred by you as a result of your breach of these
489
+ terms.
490
+ </p>
491
+ <p>5. To the fullest extent permitted by law, the Platform shall not be liable to you or any other
492
+ party
493
+ for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge
494
+ and
495
+ agree that your sole and exclusive remedy for any dispute with us is to terminate your use of
496
+ the
497
+ Platform</p>
498
+ <p>Unless expressly agreed to in writing, nothing contained herein shall give the User a right to
499
+ use
500
+ any of the Platform’s, trademarks, service marks, logos, domain names, information, questions,
501
+ answers, solutions, reports and other distinctive brand features, save according to the
502
+ provisions
503
+ of these Terms. All logos, trademarks, brand names, service marks, domain names, including
504
+ material,
505
+ designs, and graphics created by and developed by the Platform and other distinctive brand
506
+ features
507
+ of the Platform are the property of the Firm or the respective copyright or trademark owner.
508
+ Furthermore, with respect to the Platform created by the Firm, the Firm shall be the exclusive
509
+ owner
510
+ of all the designs, graphics and the like, related to the Platform.</p>
511
+ <h3> INTELLECTUAL PROPERTY RIGHTS </h3>
512
+ <p>The User may not use any of the intellectual property displayed on the Platform in any manner
513
+ that is
514
+ likely to cause confusion among existing or prospective Users of the Platform, or that in any
515
+ manner
516
+ disparages or discredits the Firm/Platform, to be determined in the sole discretion of the Firm.
517
+ </p>
518
+ <p>1. The User agrees and undertakes that they are accessing the Platform at their sole risk and are
519
+ that they are using their best and prudent judgment before availing any service listed on the
520
+ Platform or accessing/using any information displayed thereon.</p>
521
+ <h3> DISCLAIMER OF WARRANTIES AND LIABILITIES </h3>
522
+ <p>2. The User agrees that any kind of information, resources, activities, recommendations
523
+ obtained/availed from Platform, written or oral, will not create any warranty and the Platform
524
+ disclaims all liabilities resulting from these.</p>
525
+ <p>3. The Firm/Platform does not guarantee that the Services contained in the Platform will be
526
+ uninterrupted or error-free, or that the Platform or its server will be free of viruses or other
527
+ harmful components, and the User hereby expressly accepts any and all associated risks involved
528
+ with
529
+ the User’s use of the Platform.</p>
530
+ <p>It is further agreed to by the Parties that the contents of this Section shall survive even after
531
+ the
532
+ termination or expiry of the Terms and/or Policy.</p>
533
+ <p>Neither the Firm nor the Platform shall be liable for damages for any delay or failure to perform
534
+ its
535
+ obligations hereunder if such delay or failure is due to cause beyond its control or without its
536
+ fault or negligence, due to Force Majeure events including but not limited to acts of war, acts
537
+ of
538
+ God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet
539
+ interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or
540
+ unauthorized.</p>
541
+ <h3> FORCE MAJEURE </h3>
542
+ <p>It is expressly agreed to by the Parties hereto that the formation, interpretation and
543
+ performance of
544
+ these Terms and any disputes arising therefrom will be resolved through a two-step Alternate
545
+ Dispute
546
+ Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this
547
+ Section shall survive even after the termination or expiry of the Terms and/or Policy.</p>
548
+ <h3> DISPUTE RESOLUTION AND JURISDICTION </h3>
549
+ <p>1. <b>Mediation:</b>In case of any dispute between the parties, the Parties will attempt to
550
+ resolve
551
+ the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event
552
+ that
553
+ the Parties are unable to reach such an amicable solution within thirty (30) days of one Party
554
+ communicating the existence of a dispute to any other Party, the dispute will be resolved by
555
+ arbitration, as detailed hereinbelow;</p>
556
+ <p>1. <b>Arbitration::</b>In the event that the Parties are unable to amicably resolve a dispute by
557
+ mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by
558
+ the
559
+ Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The
560
+ Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in
561
+ his/her
562
+ sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration
563
+ shall be conducted in English, and the seat of Arbitration shall be Delhi, India.</p>
564
+ <p>The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements
565
+ entered
566
+ into between the Parties are governed by the laws, rules and regulations of India</p>
567
+ <p>Any and all communication relating to any dispute or grievance experienced by the User may be
568
+ communicated to the Firm by the User by emailing to care@{{page.companyName}}.{{page.domain}}.
569
+ </p>
570
+ <h3> NOTICES </h3>
571
+ <h3> MISCELLANEOUS PROVISIONS </h3>
572
+ <p>1. <b>Entire Agreement:</b> These Terms, read with the Policy, form the complete and final
573
+ contract
574
+ between the User and the Firm with respect to the subject matter hereof and supersedes all other
575
+ communications, representations and agreements (whether oral, written or otherwise) relating
576
+ thereto.</p>
577
+ <p>2. <b>Waiver:</b>The failure of either Party at any time to require performance of any provision
578
+ of
579
+ these Terms shall in no manner affect such Party's right at a later time to enforce the same. No
580
+ waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one
581
+ or
582
+ more instances, shall be deemed to be or construed as a further or continuing waiver of any such
583
+ breach, or a waiver of any other breach of these Terms.</b> </p>
584
+ <p>3. <b>Severability:</b> If any provision/clause of these Terms is held to be invalid, illegal or
585
+ unenforceable by any court or authority of competent jurisdiction, the validity, legality and
586
+ enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or
587
+ impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable
588
+ to
589
+ the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum
590
+ extent necessary to correct any invalidity, illegality or unenforceability, while preserving to
591
+ the
592
+ maximum extent the original rights, intentions and commercial expectations of the Parties
593
+ hereto, as
594
+ expressed herein.</p>
595
+ <p>4.<b> Contact Us</b>: If you have any questions about this Policy, the practices of the Platform,
596
+ or
597
+ your experience with the Service provided by the Platform, you can contact us at
598
+ care@{{page.companyName}}.{{page.domain}}.
599
+ </p>
600
+ </div>
601
+ {%- if site.ezoicAds and page.url != '/' and page.lang == "en" -%}
602
+ </div>
440
603
  </div>
604
+ {%- endif -%}
441
605
  </section>
442
606
  <!-- End main body content -->
443
607