TERMS OF SERVICE

 

The Website (as defined hereinafter) is provided by Skillcation Private Limited (“Company”), a company incorporated under the laws of India with CIN U80902DL2021PTC376258 with its registered office at E-43, 3rd floor, Greater Kailash Part-1, Delhi: 110 048. In these Terms of Service, the term “User” refers to you, the person or entity using the Website and/or procuring any goods, service, or product from the Company. It is clarified that in case of a company, partnership, trust, or any other legal entity which uses or accesses the services or the Products, “User” shall include such company, partnership, trust, or any other legal entity.

 

The company offers the Website, any application, platform, and any services conditioned upon the User’s acceptance of all terms conditions policies, and notices stated here. By procuring a service from Company, or by use of the Website or platform, the User agrees to be bound by these terms and conditions (“Terms of Service or “Terms”), as applicable, to the use of the Website, platform, and any services.

 

Please note that by use of the Website and any services provided by Company, the User also agrees to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink, including without limitation Company’s Privacy Policy, other policies of Company and the rules applicable to each game. 

 

These Terms of Service apply to all users of the Website, Platform, and any services provided by Company, except as may be specifically agreed otherwise in writing.

 

Please read these Terms of Service carefully before accessing or using the Website, Platform, and any services provided by Company. By accessing or using any part of the Website, platform, or by the use of any services provided by the Company, the User agrees to be bound by these Terms of Service. If the User does not agree to all the Terms of Service, then the User may not access the Website, platform, or use any products, application, or services provided by Company. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service.

 

Any new product or services provided by Company or any new features or tools which are added to the application, website, or platform shall unless specifically stated otherwise, be subject to these Terms of Service. The User can review the most current version of the Terms of Service at any time on this page. The company reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Company’s application, website, or platform. It is the User’s responsibility to check this page periodically for changes. Following the posting of any changes, the User’s continued use of or access to the website, application, or platform or the use of the product or services from the Company, constitutes acceptance of such revised Terms of Service.

 


 

  1. Other applicable terms

 

These Terms of Service refer to, incorporate, and include the privacy policy of the Company which sets out the terms on which the Company processes any personal data we collect from the User, or that the User provides to the Company. By using the Products, the User consent to such processing, and the User warrants that all data provided by the User is accurate. 

 

  1. About us

 

The Products provides access to Users to skilling opportunities and skill-driven education and allied activities with a focus on wellness and nutrition through an online platform on the Website  (the “Services”) and shall include any other services provided by the Company from time to time. 

 

PLEASE NOTE THAT THE SERVICES ARE FOR INSTRUCTIONAL AND EDUCATIONAL BASIS AND DO NOT CONSTITUTE MEDICAL ADVICE IN ANY MANNER WHATSOEVER AND THE COMPANY AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AND OFFICERS ARE NOT LIABLE IN ANY MANNER WHATSOEVER FOR ANY RELIANCE ON THE ADVICE BY THE USER. THE USER IS REQUIRED TO CONSULT THEIR OWN MEDICAL AND PROFESSIONAL ADVISERS AND THE USER IS ENTIRELY AT RISK FOR ANY LOSS OR LIABILITY. 

 

  1. Definitions

 

Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows:

 

“Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time;

 

“Governmental Authority” means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange;

 

“Fees” means the fee payable for the availing of the Services, as specified by Company;

 

“Products” means, collectively, the Services provided on the Website and any other products provided by Company to the Users from time to time;

 

“Intellectual Property Rights” means:

 

  1. patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in know-how and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;

 

  1. rights under licenses, consents, order or statutes or otherwise in relation to a right under paragraph (a);

 

  1. rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist;

 

  1. the right to sue for past infringements of any of the foregoing rights.

 

“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law;

 

“Website” means the website operated by Company.

 

  1. Changes to the Terms of Service

 

  1. The Company may revise these Terms of Service at any time by amending this page. The User must check this page from time to time to take notice of any changes made to these Terms, as they are binding on the User. 

 

  1. The Company may, without prior notice, change the Services or the Products; add or remove functionalities or features; stop providing the Services or the Products, or features of the Services or the Products, to the Users (specifically and generally); or create usage limits for the Services or the Products. 

 

  1. Acceptance of the Terms of Service

 

  1. The User agrees that the User shall be bound by these Terms by accessing the Website, using the Products, or by otherwise availing of the Services from the Company. If the User does not accept these Terms of Service, the User will not be permitted to open an account for availing of the Services or using the Products.   

 

  1. For the User’s use of the Products, the Company grants the User a limited, non-exclusive, non-transferable right to install and/or use the Products. However, the User shall not copy the Products or any of its components, except for the purpose of making a backup copy for the User’s personal use.

 

  1. The Company also grants the User a non-exclusive, non-transferable license to access such content on the Products which is owned by the Company. For using any content owned by a third party Person, the User still requires a license from such third party Person, and the Company does not license such content to the User and the User’s use of content owned by a third party Person, is governed by applicable terms and conditions prescribed by such third party Person.

 

  1. Conditions for use

 

  1. By agreeing to these Terms of Service, a User (which a such User is a natural Person) represents that the User is at least the age of majority i.e. 18 years, and is competent to contract. Additionally, where the User is registering on behalf of and is the authorized representative of, a company, partnership, or any other legal entity, such User has been duly authorized by such entity and is permitted under Applicable Laws to accept these Terms of Service. The User represents and warrants that the User has the full power and authority to accept the Terms of Service, access the Products and use the Services provided by the Company, under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms. All Services by the Company are governed by these Terms of Service. Where the Services are availed by a company, partnership, or any other legal entity, the User represents and warrants that the entity has the full power and authority to accept the Terms of Service and such Terms of Service shall bind such company, partnership, or any other legal entity, as applicable.

 

  1. In case the Company alters or amends the eligibility criteria to be registered for receiving the Services and the User no longer complies with the new eligibility criteria, as determined by the Company in its sole discretion, the User accepts that the Company may restrict or suspend the access to the Services without any liability for the Company. The User is solely responsible for ensuring that the User is in compliance with these Terms of Services.

 

  1. The User agrees that the User shall, as required or instructed by the Company, update the devices to operate the Products, as may be instructed by the Company. In case the User fails to update as required, the User may not be able to use the Products. 

 

  1. The User shall ensure that there are proper encryption and security measures at its respective desktop, mobile device, or other device used to access the Products to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information.

 

  1. The User agrees and accepts that the professionals and advisers engaged by the Company for the provision of the Services are third-party contractors and are not employees or authorized personnel of the Company. The Company is not liable for any actions and omissions of such persons and the User agrees to accept the services provided by such persons at the risk of the User. The User shall not make any claims or demands against the Company in case of any losses, costs, damages, or other charges suffered or incurred by the Users in connection with any acts or omissions of the personnel or and injury suffered by the User for acting on the instructions or advice of the personnel. Further, the User shall not attempt to circumvent the Company’s relationship with the personnel in any manner whatsoever or encourage others to do so.

 

  1. Availability of the Services and the Products

 

  1. The User may not use the Services or the Products for any illegal or unauthorized purpose nor may the User, in the use of the Products, violate any Applicable Laws (including but not limited to copyright laws). The Company reserves the right to refuse or discontinue the Services or the Products to anyone for any reason at any time. 

 

  1. The User agrees and undertakes to pay the Fee for the Services, as displayed on the Company Products. The User agrees and accepts that the Company has arrangements with banks, financial institutions, and payment processors for the collection of the Fees and the User shall strictly adhere to the terms of such banks, financial institutions, and payment processors with respect to the payment of Fees. In case the Company is unable to collect the fees from the User for any reason whatsoever, including, without limitation, on account of any technical malfunction, the User agrees and undertakes to promptly pay the Fee to the Company. In case of the non-payment of the Fees, the Company reserves the right to discontinue the Services and/or restrict the User’s access to the Products.

 

  1. The Fees for the Services or any other services provided by the Company, as displayed on the Products, are subject to change without notice. The Company reserves the right to modify the Fee at any time with a notification to the User. In case of the User’s continued use of the Products, it shall be deemed that the User has accepted such revised Fees.

 

  1. The User agrees to promptly update the User’s account and other information required by the Company, including the User’s email address, mobile number, personal details, and details of a User’s payment instrument, in connection with the provision of the Services. The User undertakes to provide all such information, documents, and data as may be required or instructed by the Company for the use of the Services.

 

  1. The User will be required to set up an account with the Company on the Products for the use of the Services. The User will be required to provide personal details, login information, a password, and other information required by the Company in connection with the setup of the account. In case of any inaccuracy or material omission in the information provided by the User to the Company, the Company reserves the right to discontinue the provision of the Services or prevent the User’s right to access the Products.  

 

  1. All fees for the Services shall be payable in advance and the User is required to take note that unless specified by the Company, all Fees shall be non-refundable except where the Company has not provided any Service to the User on account of any default or failure by the Company. In such event, any refund of Fees shall be the only remedy of the User Any determination by the Company on any refund or repayment of the Fees to the User shall be final and binding on the User. Please note that the Company shall not bear any cost and expenses incurred by the User for availing the Services. In case the Company introduces any future product or service, the Company shall separately notify the terms or refund and payments applicable to such product or service. [Note: Please confirm the commercial arrangement.]

 

  1. Restrictions on the use of the Products

 

  1. The Company provides the Products for use by the Users for availing the Services that are provided by the Company. The User agrees that the User shall not use the Products or the Services in any manner inconsistent with these Terms of Service, or in breach of Applicable Laws.

 

  1. The availability of the Products or the Services is subject to the maintenance of an active computer / mobile phone, electricity, internet connection, and other utilities or infrastructure, as may be necessary. The User is solely responsible for all liability arising from the unavailability of the Products, or the Services due to a deficient or defective computer / mobile handset or the internet service provider not being able to support the Products or the lack of an electricity connection or any other utility or infrastructure which prevents the use of the Products, or the availability of the Services.

 

  1. The User shall be solely responsible for the confidentiality, safety, and security of the user account opened by the User. The User shall be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of the User’s account. In case the password is lost or misplaced, the User shall promptly inform the Company. In case the username and the password associated with the User’s account is lost/stolen/misplaced/hacked/no longer in the User’s control, The User shall promptly inform the Company. The Company will upon receipt of such information block the relevant account.

 

  1. The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or any component or content thereof, available to any third parties prior to the prior written consent of the Company.

 

  1. The User shall not circumvent or disable any digital rights management, usage rules, or other security features of Products; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Products; and not use the Products in a manner that threatens the integrity, performance, or availability of the Products.

 

  1. Without limiting the foregoing, the User agrees that the User shall not use the Products, or the Services to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:

 

  1. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

 

  1. infringes any patent, trademark, copyright, or other proprietary rights;

 

  1. contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person's computer, its web-sites, any software or hardware, or telecommunications equipment;

 

  1. advertises or offers to sell any goods or services for any commercial purpose;

 

  1. is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

 

  1. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

 

  1. violates any law for the time being in force;

 

  1. belongs to another person to which the User does not have any right to;

 

  1. interferes with or disrupts the Products or the Company or any other person’s websites, servers, or networks;

 

  1. impersonate any other person;

 

  1. harms minors in any way;

 

  1. forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate the User’s presence on its websites;

 

  1. engages in any illegal activities;

 

  1. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

 

  1. defame the Company and its employees, officers, directors, agents, partners, and service providers, including without limitation, by posting any defamatory content on any social media;

 

  1. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, or prevents the investigation of any offense or insults any other nation.

 

  1. The User shall not attempt to or engage in any activity that may:

 

  1. reverse engineer, decompile, or otherwise extract the source code related to the Products;

 

  1. use any robot, spider, retrieval platform, or another device to retrieve or index any portion of the Products or content thereof;

 

  1. collect information about other Users for any illegal or unlawful purpose;

 

  1. create any User accounts by automated means or under false or fraudulent pretenses for using the Products;

 

  1. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through the Products;

 

  1. use the Products in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems, or resources connected to any of the servers connected, directly or indirectly to the Products, or interfere with any other third party Person's use and enjoyment of the Products;

 

  1. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Products or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Products or any part of the Products or any other User of the Products;

 

  1. The User shall not use the Products or the Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of the Company, its partners or violate the Terms of Service.

 

  1. The Company’s rights

 

  1. The Company reserves the right to suspend/discontinue the Products, Services, and any other products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following:

 

  1. For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Service.

 

  1. For any suspected discrepancy in the particular(s), documentation, or information provided by the User;

 

  1. To combat potential fraud, sabotage, willful destruction, a threat to national security, for any other force majeure reasons, etc.;

 

  1. If the same is due to technical failure, modification, up-gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;

 

  1. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

 

  1. If the User does not have control over the User’s login details and password or the User’s account is compromised in any other manner; 

 

  1. If the User indulges in any abusive or aggressive or threatening behavior or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee/representative /agent of the Company or any other User; and

 

  1. If the Company believes, in its reasonable opinion, that cessation/ suspension is necessary.

 

  1. Accuracy of information

 

  1. The Company is not responsible if information made available on the Products (including any information in relation to the Services) is not accurate, complete, or current. The material on the Product is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Product (including any information in relation to the Products) is at the User’s own risk.

 

  1. The Products may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. The Company reserves the right to modify the contents of the Product at any time, but the Company has no obligation to update any information on the Products. The User agrees that it is the User’s responsibility to monitor changes to the Products or any other information provided in connection with the Services.

 

  1. The Company undertakes no obligation to update, amend or clarify information in the Products or on any related website, or in relation to the Services, including without limitation, pricing information, except as required by Applicable Laws. No specified update or refresh date applied in the Product or on any related website should be taken to indicate that all information in the Company or on any related website has been modified or updated.

 

  1. Warranties

 

  1. No warranty of any kind implied, express, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Product or any data/content, including without limitation, the Services. While the Company may apply such technology as it deems fit to ensure the security of and prevent unauthorized access to its products/services, the Company does not warrant that products/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program, or macros. The Company provides the Products, the Services, and other products/services on an “as is”, “where-is”, “with all faults” basis.

 

  1. The User acknowledges that he/she has not solely relied on any representation/warranty made by the Company, service providers, subcontractors, or agents and has made an independent assessment of the Products, the Company’s products/services, including without limitation, the Products. It is the User’s responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the Products or on the Internet generally. 

 

ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE, OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE PRODUCTS OR SERVICES. 

 

  1. Exclusions of liability

 

  1. Notwithstanding anything to the contrary, the Company, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other person for:

 

  1. any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use the Products, the Services or any other products/services of the Company and data/content or reliance on those, including without limitation, in case of the Services, the Products, howsoever caused and regardless of the form of action (including tort or strict liability);

 

  1. any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or

 

  1. any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access the Company’s products and services, including without limitation, the Services, the Products.

 

  1. The Company shall not be liable for any inconvenience, loss, cost, damage, or injury suffered by the User or any third Person arising from or caused by:

 

  1. act or omission of any third party including but not limited to any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers, and internet access providers), or any agent or subcontractor of any of the foregoing;

 

  1. the use of the Company’s products and services, including without limitation, the Services, the Products by third Persons, whether authorized or unauthorized by the User;

 

  1. theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login details, and password, hardware and/or equipment on which the Products are accessed or operated;

 

  1. the User being deprived of the use of the Products and the Services as a consequence of any act or omission by the Company for any reason including but not limited to compliance with any applicable laws and/or regulations and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL THE COMPANY OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF SERVICE, THE SERVICES, THE PRODUCTS, OR ANY REFERENCE SITE, APP, PRODUCTS OR SERVICES; OR (II) THE USER’S USE OR INABILITY TO USE THE SERVICES, THE PRODUCTS, OR OTHER PRODUCTS OR SERVICES OF THE COMPANY OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH THE COMPANY; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR IN EXCESS INR 1,000, OR ANY LOWER AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LESS.

 

  1. The Company shall make all best efforts to provide uninterrupted services subject to downtime and regular maintenance Notwithstanding anything in these Terms of Service, the User acknowledges that the Products and the Services may not be uninterrupted or error-free or free from any virus or other malicious, destructive or corrupting code, program or macro. The Company shall adopt all such best technical and non-technical security measures that it considers are appropriate and are the same as that is prevalent in the industry to render the Services, however, the Company does not guarantee that such security measures cannot be subverted to gain unauthorized access. In the event of an interruption to the Services or loss of use and/or access to the Products, the Company shall be to use best endeavors to restore the Services and/or access to the Products as soon as reasonably possible.

 

  1. The Company is not responsible for any information or content uploaded by the User on the Products. The Company is not responsible for any direct or indirect damages or losses caused to the User, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Products. It is solely the User’s responsibility to evaluate the accuracy, reliability, completeness, and usefulness of information and content available on the Products that are used by the User. 

 

  1. Third-party services

 

  1. The Company may provide the User with access to third-party tools and services and certain content, products, and services available by the Company may include materials from third parties which the Company neither monitor nor have any control over. Third-party links on the Product may direct the User to third-party websites that are not affiliated with the Company.

 

  1. The User acknowledges and agrees that the Company provides access to such links, website, tools, and services “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any materials, products, or services of third-parties. The Company shall have no liability whatsoever arising from or relating to the User’s use of third-party tools and services. The User is requested to review the third-party’s policies and practices carefully and make sure that the User understands them. Complaints, concerns, or questions regarding third-party products should be directed to the third party.

 

  1. Viruses

 

  1. The User will be responsible for the introduction of any viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. The User shall not attempt to gain unauthorized access to the Products, the server on which the Products is stored, or any server, computer, or database connected to the Products. By breaching this provision, the User would commit a criminal offense under the Information Technology Act, 2000. The Company will report any such breach to the relevant law enforcement authorities and the Company will cooperate with such Governmental Authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Products and the Services will cease immediately. 

 

  1. The Company will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect the User’s computer equipment, computer programs, data, or other proprietary material due to the User’s use of the Products or the User’s downloading of any information and content on it, or on any website linked to it. 

 

  1. The User should use the User’s own virus protection software. The Company cannot and do not guarantee or warrant that files available for downloading from the Products will be free of infection by viruses, worms, trojan horses, or other code that manifest contaminating or destructive properties. 

 

  1. Personal information

 

The User’s submission of personal information through the Products is governed by the Company’s Privacy Policy.

 

  1. Intellectual property

 

  1. All Intellectual Property Rights in the Products or the Services belong to the Company or the applicable third-party owner of such rights. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. The Company retains ownership of all rights, title, and interest in any and all Intellectual Property Rights developed, owned, licensed, or created by the Company.

 

  1. No part or parts of the Products may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works, or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without the Company’s prior written permission. The User may view, print, or use the Company’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content. 

 

  1. The User shall not claim any rights or interest in the Intellectual Property Rights of the Company or its partners, or in connection with any other services, features, or product offered by the Company to the User, including without limitation, the Products or the Services. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of the Company (including without limitation any Intellectual Property Rights licensed to the Company by any other Person) (collectively, “IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling, and reverse engineering include, without limitation:

 

  1. converting the IP Property from a machine-readable form into a human-readable form;

 

  1. disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof;

 

  1. examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behavior in response to a variety of inputs;

 

  1. performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or

 

  1. making any alteration or change to the IP Property without the express prior written consent of the Company.

 

  1. Indemnification

 

The User agrees to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference or the User’s violation of any law or the rights of a third-party.

 

  1. Severability

 

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. Waiver 

 

If the Company does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy, or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by the Company unless specifically agreed by the Company in writing. 

 

  1. Force Majeure 

 

  1. For purposes of these Terms of Service, “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable (including without limitation any act of war, hostility, or sabotage; the act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms of Service (other than an obligation to pay money) or provision of the Services.

 

  1. If a Force Majeure Event occurs, the party that is prevented from performing (the “Nonperforming Party”) will be excused from performing those obligations rendered un-performable by the Force Majeure Event. Upon the occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of the occurrence of the Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter, the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance pursuant to these Terms of Service.

 

  1. Relationship of the parties

 

The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and the Company as a result of these Terms of Service, the User’s use of the Products, or the availing of Services from the Company.

 

  1. Assignment

 

The User shall not assign or transfer the rights and obligations of the User under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without the Company’s prior written consent of the Company may assign or transfer the rights and obligations contained in their Terms of Service to any Person.

 

  1. Governing law and jurisdiction 

 

  1. These Terms of Service will be governed by the laws of India without any application of conflict of laws principles.

 

  1. In case of any differences, disputes, or disagreements between the User and the Company (“Dispute”), the User and the Company shall attempt to amicable resolve such dispute within 30 days from the date on which such Dispute arose.

 

  1. In case the User and the Company are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute may, at the option of the User or the Company, be referred to arbitration by a sole arbitrator appointed by the Company. The seat of arbitration shall be New Delhi and the language of the arbitration shall be English. The award of the sole arbitrator shall be final and binding on the User and the Company. 

 

  1. Confidentiality

 

For the purposes of this Terms of Service, the term “Confidential Information” shall mean and include all tangible and intangible information obtained, developed or disclosed, or accessed including all documents, data papers and statements, and the trade secret of the User relating to its business practices and considered to be confidential and proprietary information. The Company shall strictly safeguard the Confidential Information and shall take all the necessary action to protect it against misuse.   The Company shall be entitled to disclose the Confidential Information where:

 

  1. Where such Confidential Information is in or enters the public domain without the Company’s default; 

 

  1. Where such Confidential Information is known to the Company at  the time of the first receipt or thereafter becomes known to the Company prior  to such   disclosure  without  similar restrictions  from   a  source  other   than the User, as evidenced by written records;

 

  1. Where such Confidential Information is disclosed to employees, consultants, auditors, advisors, and shareholders of the Party who are under a duty of confidentiality, or pursuant  to  Applicable Law  or   order  of  any  Governmental Authority;

 

  1. Where such Confidential Information is required to be disclosed to partners of the Company for the provision of Services (including, without limitation, any services to be provided by the partners).

 

In case the User comes into possession of any Confidential Information of the Company the User shall safeguard the same and shall not disclose such Confidential Information without the prior written consent of the Company.

 

  1. Contact Information

 

  1. Questions about these Terms of Service should be sent to the Company to [●]. Any notices to the Company in connection with the Products or these Terms of Service must be sent to the details given below:

 

[●]

 

  1. Notice shall be sent to the contact address set forth here (as such may be changed by notice given to the other party) and shall be deemed delivered as of the date of actual receipt. 

 

  1. The Company may give telephonic notice to the User by calls to appropriate numbers, by message to the telephone number, or by an email to the email address of the User available on record with the Company. The Users agree that in case there are any changes in any information provided by the User to the Company, including the User’s phone number, e-mail address, and other contact details, the User will be solely responsible to update them regularly. The User agrees that all agreements, notices, disclosures, and other communications that Company provides to the User have electronically satisfied any legal requirement that such communications be in writing. If the Company sends any communication by e-mail or to the User’s phone number, it shall be sent to the User’s e-mail address or phone number available on the records created by the User on the Products and it shall be deemed to have been received by the User once it is reflected as sent in the outbox of the e-mail id or at the time of dispatch of the message. 

 

  1. Cumulative rights

 

The rights and remedies of the Company provided in this Terms of Service are not exclusive, but are cumulative upon all other rights and remedies to the full extent allowed by law.

 

  1. Entire understanding

 

These Terms and Conditions constitute the entire agreement between the Company and the User pertaining to the subject matter hereof and supersede in their entirety all written or oral agreements between the Company and the User.