_layouts/privacyPolicy.html in appscms-tools-theme-3.1.1 vs _layouts/privacyPolicy.html in appscms-tools-theme-3.1.2

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@@ -1,638 +1,638 @@ -{% assign file = page.fileName %} -{% assign folder = page.folderName %} -{% assign lang = page.lang %} -{% assign privacyData = site.data[folder][lang][file] %} -<!DOCTYPE html> -<html lang="{{privacyData.htmlLangAtt}}"> -{% include head/index.html %} - -<body> - {% include header/index.html %} - {%- include dropdown/langdropdown.html -%} - <div class="container py-4"> - {%- if site.monumetricId and page.url != '/' and page.lang == "en" -%} - <div class="row"> - <div class="col-md-9 mx-auto"> - {%- endif -%} - <h1 class="about-h1 py-4">Privacy Policy</h1> - <div class="py-3"> - <p> We, <b>{{ page.companyName }}</b>, hereinafter referred to as the “FIRM” (where such expression - shall, - unless repugnant to the context thereof, be deemed to include its respective legal heirs, - representatives, administrators, permitted successors and assigns).</p> - <div class="py-3"> - <p>The Firm ensures steady commitment to Your usage of the Platform and privacy with regard to - the - protection of Your invaluable information. This document contains information about the - Website and - domain https://{{ page.companyName }} (hereinafter referred to as the “Platform” ).</p> - <p>For the purpose of these Terms of Use (“Terms”), wherever the context so requires,</p> - <p>1. “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Firm, as the context - so - requires.</p> - <p>2. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals - who use - the Platform and who is competent to enter into binding contracts, as per Indian laws.</p> - <p>3. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals - who use - the Platform and who is competent to enter into binding contracts, as per Indian laws.</p> - <p>4. “Third Parties” refer to any Application, Firm or individual apart from the User and the - creator - of this Platform/Domain.</p> - <p>5. “ The term “User” refers to the individuals who will be using the platform to avail the - features - and the services of the platform.</p> - <p>6. “ The term “User” refers to the individuals who will be using the platform to avail the - features - and the services of the platform.</p> - <p>7. “ The headings of each section in these Terms are only for the purpose of comanizing the - various - provisions under these Terms in an orderly manner and shall not be used by either Party to - interpret - the provisions contained herein in any manner. Further, it is specifically agreed to by the - Parties - that the headings shall have no legal or contractual value.</p> - <p>8. “The User unequivocally agrees that these Terms and the aforementioned Policy constitute a - legally - binding agreement between the User and the Firm, and that the User shall be subject to the - rules, - guidelines, policies, terms, and conditions applicable to any service that is provided by - the - Platform, and that the same shall be deemed to be incorporated into these Terms, and shall - be - treated as part and parcel of the same. The User acknowledges and agrees that no signature - or - express act is required to make these Terms and the Policy binding on the User and that the - User’s - act of visiting any part of the Platform constitutes the User’s full and final acceptance of - these - Terms and the aforementioned Policy.</p> - <p>9. “The Firm reserves the sole and exclusive right to amend or modify these Terms without any - prior - permission or intimation to the User, and the User expressly agrees that any such amendments - or - modifications shall come into effect immediately. The User has a duty to periodically check - the - terms and stay updated on its requirements. If the User continues to use the Platform - following such - a change, the User will be deemed to have consented to any and all amendments/modifications - made to - the Terms. In so far as the User complies with these Terms, it is granted a personal, - non-exclusive, - non-transferable, revocable, limited privilege to access and use the Platform and the - Services. If - the User does not adhere to the changes, You must stop using the Services at once. Your - continued - use of the Services will signify your acceptance of the changed terms.</p> - <h3> REGISTRATION </h3> - <p>1. The Users are also provided with an option to link their Facebook/Google accounts with the - Platform at the time of their registration in order to smoothen the process of registration. - </p> - <p>2. Registration for this Platform is available for all age groups, barring those “Incompetent - to - Contract” which inter alia include insolvents with an exception to Minors.</p> - <p>3. Further, at any time during Your use of this Platform, including but not limited to the - time of - registration, You are solely responsible for protecting the confidentiality of Your Username - and - password, and any activity under the account shall be deemed to have been done by You. In - the case - that you provide us with false and/or inaccurate details or we have reason to believe you - have done - so, we hold the right to permanently suspend your account. You agree that you will not - disclose your - password to any third party and that you will take sole responsibility for any activities or - actions - under your account, whether or not you have authorized such activities or actions. You will - immediately notify us of any hereinbelow use of your account.</p> - <h3> PLATFORM OVERVIEW </h3> - <p>@{{ page.companyName }} is a platform owned and operated by @{{ page.companyName }} LLP which - is a - limited - liability partnership registered under the provisions of the Limited Liability Partnership - Act, - 2008.</p> - <p>Servers for this website are hosted on Firebase. User is not required to install any software - on his - machine to use the Platform. The Platform is User-friendly and is accessible on all software - and all - devices such as Mac/Windows/Linux/Android/iOS.</p> - <h3> ELIGIBILITY </h3> - <p>Servers for this website are hosted on Firebase. User is not required to install any software - on his - machine to use the Platform. The Platform is User-friendly and is accessible on all software - and all - devices such as Mac/Windows/Linux/Android/iOS.</p> - <p>The Users may not use the Platform if they are not competent to contract or are disqualified - from - doing so by any other applicable law, rule or regulation currently in force.</p> - <h3> CONTENT </h3> - <p>All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand - names, - descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by - Platform - and the Platform have control over it and assures a reasonable quality, the accuracy, - integrity or - genuineness of products sold on the Platform.</p> - <p>All the Content displayed on the Platform is subject to copyright and shall not be reused by - any - party (or a third party) without the prior written consent of the Firm and the copyright - owner.</p> - <p>The Users are solely responsible for the integrity, authenticity, quality and genuineness of - the - feedback and comments by Users can be made via the Platform, the Platform bears no liability - whatsoever for any feedback or comments made by the Users or made in respect of any of the - content - on the Platform. Further, the Platform reserves its right to suspend the account of any User - for an - indefinite period to be decided at the discretion of the Platform or to terminate the - account of any - User who is found to have created or shared or submitted any Content or part thereof that is - found - to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible - for - making good any financial or legal losses incurred through the creation/sharing/submission - of - Content or part thereof that is deemed to be untrue/inaccurate/misleading.</p> - <p>The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to - access - the Content on the Platform. Users shall not copy, adapt, and modify any content without - written - permission of the Firm.</p> - <h3> TERM </h3> - <p>1. These Terms shall continue to form a valid and binding contract between the Parties and - shall - continue to be in full force and effect until the User continues to access and use the - Platforms. - </p> - <p>2. The Users may terminate their use of the Platform at any time.</p> - <p>3. The Firm may terminate these Terms and close a User’s account at any time without notice - and/or - suspend or terminate a User’s access to the Platform at any time and for any reason, if any - discrepancy or legal issue arises.</p> - <p>4. Such suspension or termination shall not limit our right to take any other action against - you that - the Firm considers appropriate.</p> - <p>5. It is also hereby declared that the Firm may discontinue the Services and Platforms - without any - prior notice.</p> - <h3> AMENDMENT AND TERMINATION </h3> - <p>1. The Firm reserves the right, in its sole discretion, to unilaterally to either amend, - limit or - terminate the User’s access to the Platform, or any portion or wholly thereof, at any time, - without - notice or cause.</p> - <p>2.The Platform also reserves the universal right to deny part or in entirety, the access to - particular Users or any such Users with similar IP, to any/all of are on its Platform - without any - prior notice/explanation in order to protect the interests of the Platform and/or other - visitors to - the Platform.</p> - <p>The Platform reserves the right to limit, deny or create different access to the Platform and - its - features with respect to different Users, or to change any of the features or introduce new - features - without prior notice.</p> - <p>The User shall continue to be bound by these Terms, and it is expressly agreed to by the - Parties that - the User shall not have the right to terminate these Terms till the expiry of the same.</p> - <p>COMMUNICATION By using this Platform and providing his/her identity and contact information - to the - Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails or - SMS from - the Firm and/or any of its representatives at any time. User can report to care@{{ - page.companyName - }} if - they find any discrepancy with regard to Platform or content-related information and the - Firm will - take necessary action after an investigation. The response with resolution (if any issues - found) - shall be dependent on the time is taken for investigation. The User expressly agrees that - notwithstanding anything contained hereinabove, it may be contacted by the Firm or any - representatives relating to any Product purchased by the User on the Platform or anything - pursuant - thereto and the Users agrees to indemnify the Firm from any and all harassment claims. It is - expressly agreed to by the Parties that any information shared by the User with the Firm - shall be - governed by the Privacy Policy.</p> - <h3> USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT </h3> - <p>The Client agrees and acknowledges that they are a restricted user of this Platform and that - they: - </p> - <p>1. Agree to provide genuine credentials during the process of registration on the Platform. - You shall - not use a fictitious identity to register. The Firm is not liable if the User has provided - incorrect - information.</p> - <p>2.Agree to ensure the Name, Email address, Address, Mobile number and any such other - information - provided during account registration is valid at all times and shall keep your information - accurate - and up-to-date. The User can update their details anytime through accessing their profile on - the - platform.</p> - <p>3.Agree that they are solely responsible for maintaining the confidentiality of your account - password. You agree to notify us immediately of any unauthorized use of your account. Firm - reserves - the right to close your account at any time for any or no reason.</p> - <p>4. Understand and acknowledge that the data submitted is manually entered into the database - of the - Platform. The User also acknowledges the fact that data so entered into the database is for - the - purpose of easy and ready reference for the User, and to streamline the Services through the - Platform.</p> - <p>5. Authorize the Platform to use, store or otherwise process certain personal information and - all - published Content, Client responses, Client locations, User comments, reviews and ratings - for - personalization of Services, marketing and promotional purposes and for optimisation of - User-related - options and Services</p> - <p>6. Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and - their - successors and assigns, or any of their affiliates or their respective officers, directors, - employees, agents, licensors, representatives, operational service providers, advertisers or - suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in - connection - with or arising from use of the Platform or from this terms of use, including, but not - limited to, - compensatory, consequential, incidental, indirect, special or punitive damages.</p> - <p>7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, - post, - publish or create derivative works from, transfer, or sell any information or obtained from - the - Platform. Any such use/limited use of the Platform will only be allowed with the prior - express - written permission of the Firm.</p> - <p>Agree not to access (or attempt to access) the Platform and/or the materials or Services by - any means - other than through the interface provided by the Platform. The use of deep-link, robot, - spider or - other automatic devices, program, algorithm or methodology, or any similar or equivalent - manual - process, to access, acquire, copy or monitor any portion of the Platform or its content, or - in any - way reproduce or circumvent the navigational structure or presentation of the Platform, - materials or - any content, or to obtain or attempt to obtain any materials, documents or information - through any - means not specifically made available through the Platform will lead to suspension or - termination of - the User’s access to the Platform. The User acknowledges and agrees that by accessing or - using the - Platform or any of the Services provided therein, it may be exposed to content that it may - consider - offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities - arising - in relation to such offensive content on the Platform.</p> - <p>Expressly agree and acknowledge that the Content generated by the User and displayed on the - Platform - is not owned by the Firm and that the Firm is in no way responsible for the content of the - same. The - User may, however, report any offensive or objectionable content, which the Firm may then - remove - from the Platform, at its sole discretion</p> - <p>Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated - with the - Firm from whom the Users are utilizing services.</p> - <h3> The User further undertakes not to: </h3> - <p>1. Engage in any activity that interferes with or disrupts access to the Platform or the - Services - provided therein (or the servers and networks which are connected to the Platform).</p> - <p>2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her - affiliation - with a person or entity.</p> - <p>3. Probe, scan or test the vulnerability of the Platform or any network connected to the - Platform, - nor breach the security or authentication measures on the Platform or any network connected - to the - Platform. The User may not reverse look-up, trace or seek to trace any information relating - to any - other User of, or visitor to, the Platform, or any other viewer of the Platform, including - any User - account maintained on the Platform not operated/managed by the User, or exploit the Platform - or - information made available or offered by or through the Platform, in any manner.</p> - <p>4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, - systems - resources, accounts, passwords, servers or networks connected to or accessible through the - Platform - or any affiliated or linked Platforms.</p> - <p>5. Use the Platform or any material or content therein for any purpose that is unlawful or - prohibited - by these Terms, or to solicit the performance of any illegal activity or other activity - which - infringes the rights of this Platform or any other third party (s).</p> - <p>6. Violate any code of conduct or guideline which may be applicable for or to any particular - service - offered on the Platform.</p> - <p>7. Violate any applicable laws, rules or regulations currently in force within or outside - India.</p> - <p>8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any - applicable additional terms of the Platform contained herein or elsewhere, whether made by - amendment, modification, or otherwise.</p> - <p>9. Commit any act that causes the Firm to lose (in whole or in part) the Services of its - Internet - Establishment (ISP) or in any manner disrupts the Services of any other supplier/service - provider of - the Firm/Platform.</p> - <p>10. Further:The User hereby expressly authorizes the Firm/Platform to disclose any and all - information relating to the User in the possession of the Firm/Platform to law enforcement - or other - government officials, as the Firm may in its sole discretion, believe necessary or - appropriate in - connection with the investigation and/or resolution of possible crimes, especially those - involve - personal injury and theft/infringement of intellectual property. The User further - understands that - the Firm/Platform might be directed to disclose any information (including the identity of - persons - providing information or materials on the Platform) as necessary to satisfy any judicial - Order, law, - regulation or valid governmental request.</p> - <p>11. By indicating User's acceptance to purchase any product or service offered on the site, - the user - is obligated to complete such transactions after making payment. Users shall prohibit from - indicating their acceptance to avail services where the transactions have remained - incomplete.</p> - <p>12. The User agrees to use the services provided by the Firm, its affiliates, consultants and - contracted companies, for lawful purposes only.</p> - <p>13. The User agrees not to make any bulk purchase to indulge in any resale activities. In - case of any - such instances, the Firm reserves all rights to cancel the current and future orders and - block the - concerned User account.</p> - <p>14. The User agrees to provide authentic and true information. The Firm reserves the right to - validate the information and other details provided by the User at any point of time. If - upon such - User details are found to be false, not to be true (wholly or partly), the Firm shall in its - sole - discretion reject the registration and debar the User from using the Services available on - its - Website, and/or other affiliated websites without prior intimation whatsoever.</p> - <p>15. The User agrees not to post any material on the website that is defamatory, offensive, - obscene, - indecent, abusive, or needlessly distressful, or advertising any goods or services. More - specifically, the User agrees not to host, display, upload, update, publish, modify, - transmit, or in - any manner share any information that:</p> - <p>1. belongs to another person and to which the User has no right to.</p> - <p>2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, - paedophilic, - libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, - disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in - any - manner whatever.</p> - <p>3.is in any way harmful to minors.</p> - <p>4.infringes any patent, trademark, copyright or other proprietary rights.</p> - <p>5.violates any law for the time being in force.</p> - <p>6.deceives or misleads the addressee about the origin of such messages or communicates any - information which is grossly offensive or menacing in nature.</p> - <p>7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate - the - legal rights of others.</p> - <p>8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your - affiliation with - a person or entity.</p> - <p>9. Publish, post, disseminate, any information which is grossly harmful, harassing, - blasphemous, - defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, - hateful, - or racially, ethnically objectionable, disparaging, relating or encouraging money laundering - or - gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or - unlawfully - harassing including but not limited to indecent 'representation of women' within the meaning - of the - Indecent Representation of Women (Prohibition) Act, 1986;</p> - <p>10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly - relations - with foreign states, or public order or causes incitement to the commission of any - cognizable - offence or prevents investigation of any offence or is insulting any other nation.</p> - <h3> SUSPENSION OF USER ACCESS AND ACTIVITY </h3> - <p>Notwithstanding other legal remedies that may be available, the Firm may in its sole - discretion, - limit the User’s access and/or activity by immediately removing the User’s access - credentials either - temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, - and/or - refuse to usage of the Platform to the User, without being required to provide the User with - notice - or cause:</p> - <p>1. If the User is in breach any of these Terms or the Policy.</p> - <p>2. If the User has provided wrong, inaccurate, incomplete or incorrect information.</p> - <h3> If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, - at the - sole discretion of the Firm. </h3> - <h3> INDEMNITY </h3> - <p>The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform, - and their - respective directors, officers, employees and agents (collectively, 'Parties'), from and - against any - and all losses, liabilities, claims, damages, demands, costs and expenses (including legal - fees and - disbursements in connection therewith and interest chargeable thereon) asserted against or - incurred - by us that arise out of, result from, or maybe payable by virtue of, any breach or - non-performance - of any representation, warranty, covenant or agreement made or obligation to be performed - pursuant - to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against - any - claims made by any third party due to, or arising out of, or in connection with:</p> - <p>1. User’s use of the Platform.</p> - <p>2. User’s violation of these Terms and Conditions.</p> - <p>3. User’s violation of any rights of another.</p> - <p>4. User’s alleged improper conduct pursuant to these Services.</p> - <p>5. User’s conduct in connection with the Platform.</p> - <p>User agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s - expense. The - user also agrees not to reach a settlement with any party without the consent of the Firm. - </p> - <p>In no event shall the Firm/Platform be liable to compensate the User or any third party for - any - special, incidental, indirect, consequential or punitive damages whatsoever, including those - resulting from loss of use, data or profits, whether or not foreseeable, and whether or not - the - Firm/ Platform had been advised of the possibility of such damages, or based on any theory - of - liability, including breach of contract or warranty, negligence or other tortuous action, or - any - other claim arising out of or in connection with the User’s use of or access to the Platform - and/or - the Services or materials contained therein.</p> - <h3> LIMITATION OF LIABILITY </h3> - <p>1. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not - responsible for - any consequences arising out of the following events:</p> - <p>. If the Platform is inoperative/non-responsive due to any connectivity errors associated - with the - internet connection such as but not limited to slow connectivity, no connectivity, server - failure. - </p> - <p>. If the User has fed incorrect information or data or for any deletion of data.</p> - <p>. If there is any deficiency or defect in the Services managed by Us.</p> - <p>. If there is a failure in the functioning of any other service provided by the Platform.</p> - <p>2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for - any - damage caused to the User, the User’s belongings, or to any third party, resulting from the - use or - misuse of the Platform or any service availed of by the User through the Platform. The - service and - any Content or material displayed on the service is provided without any guarantees, - conditions or - warranties as to its accuracy, suitability, completeness or reliability. The Platform will - not be - liable to you for the unavailability or failure of the Platform.</p> - <p>3. Users are to comply with all laws applicable to them or to their activities, and with all - Policies, which are hereby incorporated into this Agreement by reference.</p> - <p>4.The Platform expressly excludes any liability for any loss or damage that was not - reasonably - foreseeable by the Platform and which is incurred by you in connection with the Platform, - including - loss of profits; and any loss or damage incurred by you as a result of your breach of these - terms. - </p> - <p>5. To the fullest extent permitted by law, the Platform shall not be liable to you or any - other party - for any loss or damage, regardless of the form of action or basis of any claim. You - acknowledge and - agree that your sole and exclusive remedy for any dispute with us is to terminate your use - of the - Platform</p> - <p>Unless expressly agreed to in writing, nothing contained herein shall give the User a right - to use - any of the Platform’s, trademarks, service marks, logos, domain names, information, - questions, - answers, solutions, reports and other distinctive brand features, save according to the - provisions - of these Terms. All logos, trademarks, brand names, service marks, domain names, including - material, - designs, and graphics created by and developed by the Platform and other distinctive brand - features - of the Platform are the property of the Firm or the respective copyright or trademark owner. - Furthermore, with respect to the Platform created by the Firm, the Firm shall be the - exclusive owner - of all the designs, graphics and the like, related to the Platform.</p> - <h3> INTELLECTUAL PROPERTY RIGHTS </h3> - <p>The User may not use any of the intellectual property displayed on the Platform in any manner - that is - likely to cause confusion among existing or prospective Users of the Platform, or that in - any manner - disparages or discredits the Firm/Platform, to be determined in the sole discretion of the - Firm.</p> - <p>1. The User agrees and undertakes that they are accessing the Platform at their sole risk and - are - that they are using their best and prudent judgment before availing any service listed on - the - Platform or accessing/using any information displayed thereon.</p> - <h3> DISCLAIMER OF WARRANTIES AND LIABILITIES </h3> - <p>2. The User agrees that any kind of information, resources, activities, recommendations - obtained/availed from Platform, written or oral, will not create any warranty and the - Platform - disclaims all liabilities resulting from these.</p> - <p>3. The Firm/Platform does not guarantee that the Services contained in the Platform will be - uninterrupted or error-free, or that the Platform or its server will be free of viruses or - other - harmful components, and the User hereby expressly accepts any and all associated risks - involved with - the User’s use of the Platform.</p> - <p>It is further agreed to by the Parties that the contents of this Section shall survive even - after the - termination or expiry of the Terms and/or Policy.</p> - <p>Neither the Firm nor the Platform shall be liable for damages for any delay or failure to - perform its - obligations hereunder if such delay or failure is due to cause beyond its control or without - its - fault or negligence, due to Force Majeure events including but not limited to acts of war, - acts of - God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, - internet - interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal - or - unauthorized.</p> - <h3> FORCE MAJEURE </h3> - <p>It is expressly agreed to by the Parties hereto that the formation, interpretation and - performance of - these Terms and any disputes arising therefrom will be resolved through a two-step Alternate - Dispute - Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of - this - Section shall survive even after the termination or expiry of the Terms and/or Policy.</p> - <h3> DISPUTE RESOLUTION AND JURISDICTION </h3> - <p>1. <b>Mediation:</b>In case of any dispute between the parties, the Parties will attempt to - resolve - the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the - event that - the Parties are unable to reach such an amicable solution within thirty (30) days of one - Party - communicating the existence of a dispute to any other Party, the dispute will be resolved by - arbitration, as detailed hereinbelow;</p> - <p>1. <b>Arbitration::</b>In the event that the Parties are unable to amicably resolve a dispute - by - mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed - by the - Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. - The - Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in - his/her - sole discretion, direct either Party to bear the entire cost of the proceedings. The - arbitration - shall be conducted in English, and the seat of Arbitration shall be Delhi, India.</p> - <p>The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements - entered - into between the Parties are governed by the laws, rules and regulations of India</p> - <p>Any and all communication relating to any dispute or grievance experienced by the User may be - communicated to the Firm by the User by emailing to care@{{ page.companyName }}.</p> - <h3> NOTICES </h3> - <h3> MISCELLANEOUS PROVISIONS </h3> - <p>1. <b>Entire Agreement:</b> These Terms, read with the Policy, form the complete and final - contract - between the User and the Firm with respect to the subject matter hereof and supersedes all - other - communications, representations and agreements (whether oral, written or otherwise) relating - thereto.</p> - <p>2. <b>Waiver:</b>The failure of either Party at any time to require performance of any - provision of - these Terms shall in no manner affect such Party's right at a later time to enforce the - same. No - waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any - one or - more instances, shall be deemed to be or construed as a further or continuing waiver of any - such - breach, or a waiver of any other breach of these Terms. </p> - <p>3. <b>Severability:</b> If any provision/clause of these Terms is held to be invalid, illegal - or - unenforceable by any court or authority of competent jurisdiction, the validity, legality - and - enforceability of the remaining provisions/clauses of these Terms shall in no way be - affected or - impaired thereby, and each such provision/clause of these Terms shall be valid and - enforceable to - the fullest extent permitted by law. In such case, these Terms shall be reformed to the - minimum - extent necessary to correct any invalidity, illegality or unenforceability, while preserving - to the - maximum extent the original rights, intentions and commercial expectations of the Parties - hereto, as - expressed herein.</p> - <p>4.<b> Contact Us</b>: If you have any questions about this Policy, the practices of the - Platform, or - your experience with the Service provided by the Platform, you can contact us at - care@{{ page.companyName }}.</p> - </div> - </div> - <div> - {{content}} - </div> - {%- if site.monumetricId and page.url != '/' and page.lang == "en" -%} - </div> - </div> - {%- endif -%} - </div> - {% include staticfooter.html %} - {% include script.html %} -</body> - +{% assign file = page.fileName %} +{% assign folder = page.folderName %} +{% assign lang = page.lang %} +{% assign privacyData = site.data[folder][lang][file] %} +<!DOCTYPE html> +<html lang="{{privacyData.htmlLangAtt}}"> +{% include head/index.html %} + +<body> + {% include header/index.html %} + {%- include dropdown/langdropdown.html -%} + <div class="container py-4"> + {%- if site.monumetricId and page.url != '/' and page.lang == "en" -%} + <div class="row"> + <div class="col-md-9 mx-auto"> + {%- endif -%} + <h1 class="about-h1 py-4">Privacy Policy</h1> + <div class="py-3"> + <p> We, <b>{{ page.companyName }}</b>, hereinafter referred to as the “FIRM” (where such expression + shall, + unless repugnant to the context thereof, be deemed to include its respective legal heirs, + representatives, administrators, permitted successors and assigns).</p> + <div class="py-3"> + <p>The Firm ensures steady commitment to Your usage of the Platform and privacy with regard to + the + protection of Your invaluable information. This document contains information about the + Website and + domain https://{{ page.companyName }} (hereinafter referred to as the “Platform” ).</p> + <p>For the purpose of these Terms of Use (“Terms”), wherever the context so requires,</p> + <p>1. “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Firm, as the context + so + requires.</p> + <p>2. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals + who use + the Platform and who is competent to enter into binding contracts, as per Indian laws.</p> + <p>3. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals + who use + the Platform and who is competent to enter into binding contracts, as per Indian laws.</p> + <p>4. “Third Parties” refer to any Application, Firm or individual apart from the User and the + creator + of this Platform/Domain.</p> + <p>5. “ The term “User” refers to the individuals who will be using the platform to avail the + features + and the services of the platform.</p> + <p>6. “ The term “User” refers to the individuals who will be using the platform to avail the + features + and the services of the platform.</p> + <p>7. “ The headings of each section in these Terms are only for the purpose of comanizing the + various + provisions under these Terms in an orderly manner and shall not be used by either Party to + interpret + the provisions contained herein in any manner. Further, it is specifically agreed to by the + Parties + that the headings shall have no legal or contractual value.</p> + <p>8. “The User unequivocally agrees that these Terms and the aforementioned Policy constitute a + legally + binding agreement between the User and the Firm, and that the User shall be subject to the + rules, + guidelines, policies, terms, and conditions applicable to any service that is provided by + the + Platform, and that the same shall be deemed to be incorporated into these Terms, and shall + be + treated as part and parcel of the same. The User acknowledges and agrees that no signature + or + express act is required to make these Terms and the Policy binding on the User and that the + User’s + act of visiting any part of the Platform constitutes the User’s full and final acceptance of + these + Terms and the aforementioned Policy.</p> + <p>9. “The Firm reserves the sole and exclusive right to amend or modify these Terms without any + prior + permission or intimation to the User, and the User expressly agrees that any such amendments + or + modifications shall come into effect immediately. The User has a duty to periodically check + the + terms and stay updated on its requirements. If the User continues to use the Platform + following such + a change, the User will be deemed to have consented to any and all amendments/modifications + made to + the Terms. In so far as the User complies with these Terms, it is granted a personal, + non-exclusive, + non-transferable, revocable, limited privilege to access and use the Platform and the + Services. If + the User does not adhere to the changes, You must stop using the Services at once. Your + continued + use of the Services will signify your acceptance of the changed terms.</p> + <h3> REGISTRATION </h3> + <p>1. The Users are also provided with an option to link their Facebook/Google accounts with the + Platform at the time of their registration in order to smoothen the process of registration. + </p> + <p>2. Registration for this Platform is available for all age groups, barring those “Incompetent + to + Contract” which inter alia include insolvents with an exception to Minors.</p> + <p>3. Further, at any time during Your use of this Platform, including but not limited to the + time of + registration, You are solely responsible for protecting the confidentiality of Your Username + and + password, and any activity under the account shall be deemed to have been done by You. In + the case + that you provide us with false and/or inaccurate details or we have reason to believe you + have done + so, we hold the right to permanently suspend your account. You agree that you will not + disclose your + password to any third party and that you will take sole responsibility for any activities or + actions + under your account, whether or not you have authorized such activities or actions. You will + immediately notify us of any hereinbelow use of your account.</p> + <h3> PLATFORM OVERVIEW </h3> + <p>@{{ page.companyName }} is a platform owned and operated by @{{ page.companyName }} LLP which + is a + limited + liability partnership registered under the provisions of the Limited Liability Partnership + Act, + 2008.</p> + <p>Servers for this website are hosted on Firebase. User is not required to install any software + on his + machine to use the Platform. The Platform is User-friendly and is accessible on all software + and all + devices such as Mac/Windows/Linux/Android/iOS.</p> + <h3> ELIGIBILITY </h3> + <p>Servers for this website are hosted on Firebase. User is not required to install any software + on his + machine to use the Platform. The Platform is User-friendly and is accessible on all software + and all + devices such as Mac/Windows/Linux/Android/iOS.</p> + <p>The Users may not use the Platform if they are not competent to contract or are disqualified + from + doing so by any other applicable law, rule or regulation currently in force.</p> + <h3> CONTENT </h3> + <p>All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand + names, + descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by + Platform + and the Platform have control over it and assures a reasonable quality, the accuracy, + integrity or + genuineness of products sold on the Platform.</p> + <p>All the Content displayed on the Platform is subject to copyright and shall not be reused by + any + party (or a third party) without the prior written consent of the Firm and the copyright + owner.</p> + <p>The Users are solely responsible for the integrity, authenticity, quality and genuineness of + the + feedback and comments by Users can be made via the Platform, the Platform bears no liability + whatsoever for any feedback or comments made by the Users or made in respect of any of the + content + on the Platform. Further, the Platform reserves its right to suspend the account of any User + for an + indefinite period to be decided at the discretion of the Platform or to terminate the + account of any + User who is found to have created or shared or submitted any Content or part thereof that is + found + to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible + for + making good any financial or legal losses incurred through the creation/sharing/submission + of + Content or part thereof that is deemed to be untrue/inaccurate/misleading.</p> + <p>The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to + access + the Content on the Platform. Users shall not copy, adapt, and modify any content without + written + permission of the Firm.</p> + <h3> TERM </h3> + <p>1. These Terms shall continue to form a valid and binding contract between the Parties and + shall + continue to be in full force and effect until the User continues to access and use the + Platforms. + </p> + <p>2. The Users may terminate their use of the Platform at any time.</p> + <p>3. The Firm may terminate these Terms and close a User’s account at any time without notice + and/or + suspend or terminate a User’s access to the Platform at any time and for any reason, if any + discrepancy or legal issue arises.</p> + <p>4. Such suspension or termination shall not limit our right to take any other action against + you that + the Firm considers appropriate.</p> + <p>5. It is also hereby declared that the Firm may discontinue the Services and Platforms + without any + prior notice.</p> + <h3> AMENDMENT AND TERMINATION </h3> + <p>1. The Firm reserves the right, in its sole discretion, to unilaterally to either amend, + limit or + terminate the User’s access to the Platform, or any portion or wholly thereof, at any time, + without + notice or cause.</p> + <p>2.The Platform also reserves the universal right to deny part or in entirety, the access to + particular Users or any such Users with similar IP, to any/all of are on its Platform + without any + prior notice/explanation in order to protect the interests of the Platform and/or other + visitors to + the Platform.</p> + <p>The Platform reserves the right to limit, deny or create different access to the Platform and + its + features with respect to different Users, or to change any of the features or introduce new + features + without prior notice.</p> + <p>The User shall continue to be bound by these Terms, and it is expressly agreed to by the + Parties that + the User shall not have the right to terminate these Terms till the expiry of the same.</p> + <p>COMMUNICATION By using this Platform and providing his/her identity and contact information + to the + Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails or + SMS from + the Firm and/or any of its representatives at any time. User can report to care@{{ + page.companyName + }} if + they find any discrepancy with regard to Platform or content-related information and the + Firm will + take necessary action after an investigation. The response with resolution (if any issues + found) + shall be dependent on the time is taken for investigation. The User expressly agrees that + notwithstanding anything contained hereinabove, it may be contacted by the Firm or any + representatives relating to any Product purchased by the User on the Platform or anything + pursuant + thereto and the Users agrees to indemnify the Firm from any and all harassment claims. It is + expressly agreed to by the Parties that any information shared by the User with the Firm + shall be + governed by the Privacy Policy.</p> + <h3> USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT </h3> + <p>The Client agrees and acknowledges that they are a restricted user of this Platform and that + they: + </p> + <p>1. Agree to provide genuine credentials during the process of registration on the Platform. + You shall + not use a fictitious identity to register. The Firm is not liable if the User has provided + incorrect + information.</p> + <p>2.Agree to ensure the Name, Email address, Address, Mobile number and any such other + information + provided during account registration is valid at all times and shall keep your information + accurate + and up-to-date. The User can update their details anytime through accessing their profile on + the + platform.</p> + <p>3.Agree that they are solely responsible for maintaining the confidentiality of your account + password. You agree to notify us immediately of any unauthorized use of your account. Firm + reserves + the right to close your account at any time for any or no reason.</p> + <p>4. Understand and acknowledge that the data submitted is manually entered into the database + of the + Platform. The User also acknowledges the fact that data so entered into the database is for + the + purpose of easy and ready reference for the User, and to streamline the Services through the + Platform.</p> + <p>5. Authorize the Platform to use, store or otherwise process certain personal information and + all + published Content, Client responses, Client locations, User comments, reviews and ratings + for + personalization of Services, marketing and promotional purposes and for optimisation of + User-related + options and Services</p> + <p>6. Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and + their + successors and assigns, or any of their affiliates or their respective officers, directors, + employees, agents, licensors, representatives, operational service providers, advertisers or + suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in + connection + with or arising from use of the Platform or from this terms of use, including, but not + limited to, + compensatory, consequential, incidental, indirect, special or punitive damages.</p> + <p>7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, + post, + publish or create derivative works from, transfer, or sell any information or obtained from + the + Platform. Any such use/limited use of the Platform will only be allowed with the prior + express + written permission of the Firm.</p> + <p>Agree not to access (or attempt to access) the Platform and/or the materials or Services by + any means + other than through the interface provided by the Platform. The use of deep-link, robot, + spider or + other automatic devices, program, algorithm or methodology, or any similar or equivalent + manual + process, to access, acquire, copy or monitor any portion of the Platform or its content, or + in any + way reproduce or circumvent the navigational structure or presentation of the Platform, + materials or + any content, or to obtain or attempt to obtain any materials, documents or information + through any + means not specifically made available through the Platform will lead to suspension or + termination of + the User’s access to the Platform. The User acknowledges and agrees that by accessing or + using the + Platform or any of the Services provided therein, it may be exposed to content that it may + consider + offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities + arising + in relation to such offensive content on the Platform.</p> + <p>Expressly agree and acknowledge that the Content generated by the User and displayed on the + Platform + is not owned by the Firm and that the Firm is in no way responsible for the content of the + same. The + User may, however, report any offensive or objectionable content, which the Firm may then + remove + from the Platform, at its sole discretion</p> + <p>Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated + with the + Firm from whom the Users are utilizing services.</p> + <h3> The User further undertakes not to: </h3> + <p>1. Engage in any activity that interferes with or disrupts access to the Platform or the + Services + provided therein (or the servers and networks which are connected to the Platform).</p> + <p>2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her + affiliation + with a person or entity.</p> + <p>3. Probe, scan or test the vulnerability of the Platform or any network connected to the + Platform, + nor breach the security or authentication measures on the Platform or any network connected + to the + Platform. The User may not reverse look-up, trace or seek to trace any information relating + to any + other User of, or visitor to, the Platform, or any other viewer of the Platform, including + any User + account maintained on the Platform not operated/managed by the User, or exploit the Platform + or + information made available or offered by or through the Platform, in any manner.</p> + <p>4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, + systems + resources, accounts, passwords, servers or networks connected to or accessible through the + Platform + or any affiliated or linked Platforms.</p> + <p>5. Use the Platform or any material or content therein for any purpose that is unlawful or + prohibited + by these Terms, or to solicit the performance of any illegal activity or other activity + which + infringes the rights of this Platform or any other third party (s).</p> + <p>6. Violate any code of conduct or guideline which may be applicable for or to any particular + service + offered on the Platform.</p> + <p>7. Violate any applicable laws, rules or regulations currently in force within or outside + India.</p> + <p>8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any + applicable additional terms of the Platform contained herein or elsewhere, whether made by + amendment, modification, or otherwise.</p> + <p>9. Commit any act that causes the Firm to lose (in whole or in part) the Services of its + Internet + Establishment (ISP) or in any manner disrupts the Services of any other supplier/service + provider of + the Firm/Platform.</p> + <p>10. Further:The User hereby expressly authorizes the Firm/Platform to disclose any and all + information relating to the User in the possession of the Firm/Platform to law enforcement + or other + government officials, as the Firm may in its sole discretion, believe necessary or + appropriate in + connection with the investigation and/or resolution of possible crimes, especially those + involve + personal injury and theft/infringement of intellectual property. The User further + understands that + the Firm/Platform might be directed to disclose any information (including the identity of + persons + providing information or materials on the Platform) as necessary to satisfy any judicial + Order, law, + regulation or valid governmental request.</p> + <p>11. By indicating User's acceptance to purchase any product or service offered on the site, + the user + is obligated to complete such transactions after making payment. Users shall prohibit from + indicating their acceptance to avail services where the transactions have remained + incomplete.</p> + <p>12. The User agrees to use the services provided by the Firm, its affiliates, consultants and + contracted companies, for lawful purposes only.</p> + <p>13. The User agrees not to make any bulk purchase to indulge in any resale activities. In + case of any + such instances, the Firm reserves all rights to cancel the current and future orders and + block the + concerned User account.</p> + <p>14. The User agrees to provide authentic and true information. The Firm reserves the right to + validate the information and other details provided by the User at any point of time. If + upon such + User details are found to be false, not to be true (wholly or partly), the Firm shall in its + sole + discretion reject the registration and debar the User from using the Services available on + its + Website, and/or other affiliated websites without prior intimation whatsoever.</p> + <p>15. The User agrees not to post any material on the website that is defamatory, offensive, + obscene, + indecent, abusive, or needlessly distressful, or advertising any goods or services. More + specifically, the User agrees not to host, display, upload, update, publish, modify, + transmit, or in + any manner share any information that:</p> + <p>1. belongs to another person and to which the User has no right to.</p> + <p>2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, + paedophilic, + libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, + disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in + any + manner whatever.</p> + <p>3.is in any way harmful to minors.</p> + <p>4.infringes any patent, trademark, copyright or other proprietary rights.</p> + <p>5.violates any law for the time being in force.</p> + <p>6.deceives or misleads the addressee about the origin of such messages or communicates any + information which is grossly offensive or menacing in nature.</p> + <p>7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate + the + legal rights of others.</p> + <p>8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your + affiliation with + a person or entity.</p> + <p>9. Publish, post, disseminate, any information which is grossly harmful, harassing, + blasphemous, + defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, + hateful, + or racially, ethnically objectionable, disparaging, relating or encouraging money laundering + or + gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or + unlawfully + harassing including but not limited to indecent 'representation of women' within the meaning + of the + Indecent Representation of Women (Prohibition) Act, 1986;</p> + <p>10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly + relations + with foreign states, or public order or causes incitement to the commission of any + cognizable + offence or prevents investigation of any offence or is insulting any other nation.</p> + <h3> SUSPENSION OF USER ACCESS AND ACTIVITY </h3> + <p>Notwithstanding other legal remedies that may be available, the Firm may in its sole + discretion, + limit the User’s access and/or activity by immediately removing the User’s access + credentials either + temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, + and/or + refuse to usage of the Platform to the User, without being required to provide the User with + notice + or cause:</p> + <p>1. If the User is in breach any of these Terms or the Policy.</p> + <p>2. If the User has provided wrong, inaccurate, incomplete or incorrect information.</p> + <h3> If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, + at the + sole discretion of the Firm. </h3> + <h3> INDEMNITY </h3> + <p>The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform, + and their + respective directors, officers, employees and agents (collectively, 'Parties'), from and + against any + and all losses, liabilities, claims, damages, demands, costs and expenses (including legal + fees and + disbursements in connection therewith and interest chargeable thereon) asserted against or + incurred + by us that arise out of, result from, or maybe payable by virtue of, any breach or + non-performance + of any representation, warranty, covenant or agreement made or obligation to be performed + pursuant + to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against + any + claims made by any third party due to, or arising out of, or in connection with:</p> + <p>1. User’s use of the Platform.</p> + <p>2. User’s violation of these Terms and Conditions.</p> + <p>3. User’s violation of any rights of another.</p> + <p>4. User’s alleged improper conduct pursuant to these Services.</p> + <p>5. User’s conduct in connection with the Platform.</p> + <p>User agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s + expense. The + user also agrees not to reach a settlement with any party without the consent of the Firm. + </p> + <p>In no event shall the Firm/Platform be liable to compensate the User or any third party for + any + special, incidental, indirect, consequential or punitive damages whatsoever, including those + resulting from loss of use, data or profits, whether or not foreseeable, and whether or not + the + Firm/ Platform had been advised of the possibility of such damages, or based on any theory + of + liability, including breach of contract or warranty, negligence or other tortuous action, or + any + other claim arising out of or in connection with the User’s use of or access to the Platform + and/or + the Services or materials contained therein.</p> + <h3> LIMITATION OF LIABILITY </h3> + <p>1. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not + responsible for + any consequences arising out of the following events:</p> + <p>. If the Platform is inoperative/non-responsive due to any connectivity errors associated + with the + internet connection such as but not limited to slow connectivity, no connectivity, server + failure. + </p> + <p>. If the User has fed incorrect information or data or for any deletion of data.</p> + <p>. If there is any deficiency or defect in the Services managed by Us.</p> + <p>. If there is a failure in the functioning of any other service provided by the Platform.</p> + <p>2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for + any + damage caused to the User, the User’s belongings, or to any third party, resulting from the + use or + misuse of the Platform or any service availed of by the User through the Platform. The + service and + any Content or material displayed on the service is provided without any guarantees, + conditions or + warranties as to its accuracy, suitability, completeness or reliability. The Platform will + not be + liable to you for the unavailability or failure of the Platform.</p> + <p>3. Users are to comply with all laws applicable to them or to their activities, and with all + Policies, which are hereby incorporated into this Agreement by reference.</p> + <p>4.The Platform expressly excludes any liability for any loss or damage that was not + reasonably + foreseeable by the Platform and which is incurred by you in connection with the Platform, + including + loss of profits; and any loss or damage incurred by you as a result of your breach of these + terms. + </p> + <p>5. To the fullest extent permitted by law, the Platform shall not be liable to you or any + other party + for any loss or damage, regardless of the form of action or basis of any claim. You + acknowledge and + agree that your sole and exclusive remedy for any dispute with us is to terminate your use + of the + Platform</p> + <p>Unless expressly agreed to in writing, nothing contained herein shall give the User a right + to use + any of the Platform’s, trademarks, service marks, logos, domain names, information, + questions, + answers, solutions, reports and other distinctive brand features, save according to the + provisions + of these Terms. All logos, trademarks, brand names, service marks, domain names, including + material, + designs, and graphics created by and developed by the Platform and other distinctive brand + features + of the Platform are the property of the Firm or the respective copyright or trademark owner. + Furthermore, with respect to the Platform created by the Firm, the Firm shall be the + exclusive owner + of all the designs, graphics and the like, related to the Platform.</p> + <h3> INTELLECTUAL PROPERTY RIGHTS </h3> + <p>The User may not use any of the intellectual property displayed on the Platform in any manner + that is + likely to cause confusion among existing or prospective Users of the Platform, or that in + any manner + disparages or discredits the Firm/Platform, to be determined in the sole discretion of the + Firm.</p> + <p>1. The User agrees and undertakes that they are accessing the Platform at their sole risk and + are + that they are using their best and prudent judgment before availing any service listed on + the + Platform or accessing/using any information displayed thereon.</p> + <h3> DISCLAIMER OF WARRANTIES AND LIABILITIES </h3> + <p>2. The User agrees that any kind of information, resources, activities, recommendations + obtained/availed from Platform, written or oral, will not create any warranty and the + Platform + disclaims all liabilities resulting from these.</p> + <p>3. The Firm/Platform does not guarantee that the Services contained in the Platform will be + uninterrupted or error-free, or that the Platform or its server will be free of viruses or + other + harmful components, and the User hereby expressly accepts any and all associated risks + involved with + the User’s use of the Platform.</p> + <p>It is further agreed to by the Parties that the contents of this Section shall survive even + after the + termination or expiry of the Terms and/or Policy.</p> + <p>Neither the Firm nor the Platform shall be liable for damages for any delay or failure to + perform its + obligations hereunder if such delay or failure is due to cause beyond its control or without + its + fault or negligence, due to Force Majeure events including but not limited to acts of war, + acts of + God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, + internet + interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal + or + unauthorized.</p> + <h3> FORCE MAJEURE </h3> + <p>It is expressly agreed to by the Parties hereto that the formation, interpretation and + performance of + these Terms and any disputes arising therefrom will be resolved through a two-step Alternate + Dispute + Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of + this + Section shall survive even after the termination or expiry of the Terms and/or Policy.</p> + <h3> DISPUTE RESOLUTION AND JURISDICTION </h3> + <p>1. <b>Mediation:</b>In case of any dispute between the parties, the Parties will attempt to + resolve + the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the + event that + the Parties are unable to reach such an amicable solution within thirty (30) days of one + Party + communicating the existence of a dispute to any other Party, the dispute will be resolved by + arbitration, as detailed hereinbelow;</p> + <p>1. <b>Arbitration::</b>In the event that the Parties are unable to amicably resolve a dispute + by + mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed + by the + Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. + The + Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in + his/her + sole discretion, direct either Party to bear the entire cost of the proceedings. The + arbitration + shall be conducted in English, and the seat of Arbitration shall be Delhi, India.</p> + <p>The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements + entered + into between the Parties are governed by the laws, rules and regulations of India</p> + <p>Any and all communication relating to any dispute or grievance experienced by the User may be + communicated to the Firm by the User by emailing to care@{{ page.companyName }}.</p> + <h3> NOTICES </h3> + <h3> MISCELLANEOUS PROVISIONS </h3> + <p>1. <b>Entire Agreement:</b> These Terms, read with the Policy, form the complete and final + contract + between the User and the Firm with respect to the subject matter hereof and supersedes all + other + communications, representations and agreements (whether oral, written or otherwise) relating + thereto.</p> + <p>2. <b>Waiver:</b>The failure of either Party at any time to require performance of any + provision of + these Terms shall in no manner affect such Party's right at a later time to enforce the + same. No + waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any + one or + more instances, shall be deemed to be or construed as a further or continuing waiver of any + such + breach, or a waiver of any other breach of these Terms. </p> + <p>3. <b>Severability:</b> If any provision/clause of these Terms is held to be invalid, illegal + or + unenforceable by any court or authority of competent jurisdiction, the validity, legality + and + enforceability of the remaining provisions/clauses of these Terms shall in no way be + affected or + impaired thereby, and each such provision/clause of these Terms shall be valid and + enforceable to + the fullest extent permitted by law. In such case, these Terms shall be reformed to the + minimum + extent necessary to correct any invalidity, illegality or unenforceability, while preserving + to the + maximum extent the original rights, intentions and commercial expectations of the Parties + hereto, as + expressed herein.</p> + <p>4.<b> Contact Us</b>: If you have any questions about this Policy, the practices of the + Platform, or + your experience with the Service provided by the Platform, you can contact us at + care@{{ page.companyName }}.</p> + </div> + </div> + <div> + {{content}} + </div> + {%- if site.monumetricId and page.url != '/' and page.lang == "en" -%} + </div> + </div> + {%- endif -%} + </div> + {% include staticfooter.html %} + {% include script.html %} +</body> + </html> \ No newline at end of file