_layouts/termAndCondition.html in appscms-tools-theme-2.7.3 vs _layouts/termAndCondition.html in appscms-tools-theme-2.7.4
- old
+ new
@@ -1,647 +1,647 @@
-{% assign file = page.fileName %}
-{% assign folder = page.folderName %}
-{% assign lang = page.lang %}
-{% assign termsData = site.data[folder][lang][file] %}
-<!DOCTYPE html>
-<html lang="{{termsData.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">Terms and condtions</h1>
- <div class="py-3">
- <div class="py-3">
- <p>We,<b>{{page.companyName}}</b>, registered under the provisions of the Limited Liability
- Partnership
- Act 2008,
- having its registered office at "Ghaziabad, Uttar Pradesh – 245304, INDIA"
- represented by its Directors, hereinafter referred to as the <b>“FIRM”</b> (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>
- <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}}.{{page.domain}} (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}}.{{page.domain}} is a platform owned and operated by
- @{{page.companyName}}.{{page.domain}} 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}}.{{page.domain}} 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}}.{{page.domain}}.</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.</b> </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}}.{{page.domain}}.
- </p>
- </div>
- <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 termsData = site.data[folder][lang][file] %}
+<!DOCTYPE html>
+<html lang="{{termsData.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">Terms and condtions</h1>
+ <div class="py-3">
+ <div class="py-3">
+ <p>We,<b>{{page.companyName}}</b>, registered under the provisions of the Limited Liability
+ Partnership
+ Act 2008,
+ having its registered office at "Ghaziabad, Uttar Pradesh – 245304, INDIA"
+ represented by its Directors, hereinafter referred to as the <b>“FIRM”</b> (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>
+ <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}}.{{page.domain}} (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}}.{{page.domain}} is a platform owned and operated by
+ @{{page.companyName}}.{{page.domain}} 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}}.{{page.domain}} 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}}.{{page.domain}}.</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.</b> </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}}.{{page.domain}}.
+ </p>
+ </div>
+ <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