This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of www.humanpodium.com (“Website”).
The Website is operated by Human Podium, a sole proprietorship having its place of business at [●] (“Company”).
These terms and conditions (“Terms and Conditions”) govern Your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, or by using any Content (as defined below) or information provided as part of the Website/Services, you shall be deemed to have read, understood and accepted to be bound by these Terms and Conditions.
For the purpose of these Terms and Conditions, wherever the context so requires “you”, “your”, “user” or “Customer” shall mean any natural or legal person who uses the Website for availing the Services. The term “we”, “us”, “our” shall mean the Company.
GENERAL TERMS AND CONDITIONS
This Terms and Conditions together with the “Privacy Policy”, shall constitute an agreement between you and the Company (“User Agreement”) and govern your use of the Website. By using this Website, you agree to be bound by and comply with the terms and conditions of the User Agreement, specifically the terms and conditions contained herein. If you are not agreeable to any of the Terms and Conditions of the User Agreement, please do not use or view this Website.
The Company reserves the right at any time modify the Terms and Conditions of the User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on the Website. You are responsible to review the Terms and Conditions of the User Agreement on the Website for any updates/changes. In the event the modified Terms and Conditions of the User Agreement are not acceptable to you, you should discontinue using the Service(s) and any other services offered on and/or through the Website. However, if you continue to use the Service(s), you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions of the User Agreement.
All Services and information displayed on this Website constitute an “invitation to offer”. Your order for purchase of the Service(s) constitutes your “order” which shall be subject to the Terms and Conditions as listed below. The Company reserves the right to accept or reject your order. Our acceptance of your order shall take place upon us agreeing to undertake to perform the Services ordered by you on the Website. No act or omission by the Company prior to our express acceptance of the Service(s) shall constitute acceptance of your order.
USER ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, i.e. persons below the age of eighteen (18) years are not eligible to use this Website. You may not access or use the Website if we have previously banned you from the Website or closed your account.
The Company reserves the right to terminate your account and refuse to continue providing you with access to the Website including but not limited to the Services, if the Company discovers that you are under the age of eighteen (18) years or “incompetent to contract” within the meaning of the Indian Contract Act, 1872. The Website is not available to persons whose accounts have been suspended or terminated by the Company for any reason whatsoever. Those who access the Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. The Services made available on the Website will be offered/rendered globally (“Territory”).
ACCOUNT AND REGISTRATION OBLIGATIONS
Registration as provided for on the Website is a mandatory requirement for availing the Services. You will have to open an account by completing the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You shall also choose a password and a user name for your account (“Your Account”). You shall be responsible for maintaining the confidentiality of your username, account password and you shall be responsible for any and all activities that occur in connection with Your Account. Under no circumstances shall the Company be liable for any loss or damage arising from your failure to comply with this clause.
To register with the Website, you will be redirected to a registration page wherein you will be required to provide your Information. You will also need to create a username and a password for Your Account. Upon registering, you will receive a confirmation email on your registered mail account (“Registration E-mail”). You are solely responsible for any use of the Service(s) with Your Account.
You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under Your Account. You agree to: (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company shall not be liable for any loss or damage arising from your failure to comply with this requirement.
While creating your account, you shall not impersonate any third party to create or use an account for anyone other than yourself OR provide an email address other than your own OR create multiple accounts.
You shall not allow: (a) any other person to share Your Account; (b) any part of the Website being cached in proxy servers and accessed by individuals who have not registered as users of the Website; and (c) access to the Website through a single account and password being made available to multiple users on a network.
“Your Information” is defined as any information you provide to us in the registration, purchasing and/or use of the Service(s), through any e-mail feature, blog, etc., and any information that is provided to us by you including but not limited to any personal information.
You also understand and agree:
To provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”).
To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, the Company has the right to indefinitely suspend or terminate Your Account and refuse to provide you with access to the Website and/or cease to render any of the Service(s) to you, without any further obligations under this User Agreement or any other terms and conditions whether provided on the Website.
The Company has the right to discontinue the Website wholly/partially without prior notice to you.
That you authorise the Company to use Your Information and comments (defined below), as may be required from time to time, in relation to fulfilling its continuing obligations.
That you consent to provide Your Information to the Company, in relation to fulfilling its continuing obligations.
That any of Your Information may be used by the Company in preparing reports, recommendations, conclusions, and/or documentations, and Your Information (without any identifiable information) may be shared along with other users’ information as part of an analysis, study, report, recommendation, conclusion, or as part of other results of the Service(s).
PAYMENTS
Payments made through Credit Card/ Debit Card/Net Banking/UPI:
Please note that payments made through credit cards/debit cards/net-banking/UPI are operated and processed by third-party payment gateway service providers engaged by the Company from time to time. You agree and acknowledge that the Company bears no responsibility for payments made through credit cards/debit cards/net-banking/UPI to avail the Service(s) through this Website. You agree and acknowledge that the Company bears no responsibility for payment made by credit card /debit card /net banking to avail the Service(s) through the Website. Further, you hereby agree to comply with any other additional terms and conditions that may be prescribed by the third-party payment gateway service providers for processing the online payments made by you on the Website.
You agree, understand and confirm that the credit card/debit card/net-banking details provided by you for availing of the Service(s) through this Website shall be correct and accurate and you shall not use the credit card/debit card/net banking account which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card/debit card/net banking account for the purposes of processing the transactions. Further, the said information will not be utilised and shared by the Company with any third parties unless required for fraud verifications or by law, regulation or court order. The Company shall not be liable for any credit card/debit card/net banking account fraud. The liability with regard to the usage of a credit card/debit card/net banking account fraudulently shall be solely on you and the onus to “prove otherwise” shall be exclusively on you.
You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service. You further agree that while availing any of the payment options as specified above, the Company will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) Decline of such transaction for any reason.
Please note that all payments become due and payable on placing the orders. The Company should be informed within 24 (Twenty Four) hours in case there is any reversal of payment required.
Payment Gateway Charges:
You agree, understand and confirm that in addition to the fees/consideration payable by you for availing the Services on the Website (inclusive of applicable taxes), you will also be required to pay the applicable payment gateway service charges (if any) for each of the transactions that you make on the Website.
Fraudulent / Declined Transactions:
The Company reserves the right to recover the cost of the Service(s), collection charges and attorney fees (in the event a claim is being made against the Company) from you if you are found using a credit card/debit card/net banking account or any means of payment, fraudulently. In such an event, the Company reserves the right to initiate legal proceedings against you for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions. You shall be liable to indemnify the Company against any costs, damages, claims or other demands in relation to violation of any of your obligations under the Terms and Conditions. Please note that all payments shall become due and payable on placing the orders.
PRICING
The Company has taken all due care to ensure accurate description of the Service(s) and pricing information on the Website. However, there may be pricing or typographical errors. The Company does not and cannot confirm the price of the Service(s) until you place an order to avail such Service(s) through the Website. In the event that a Service(s) is listed at an incorrect price or with incorrect information due to an error in pricing or Service(s) information, the Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Service(s). In the event that a Service(s) is incorrectly priced, the Company may, at its discretion, either contact you for instructions or cancel your order to avail such Service(s) and notify you of such cancellation. The Company shall have the right to modify the price of such Service(s) and contact you for further instructions using the e-mail address provided by you while registering yourself onto the Website or cancel the order and notify you of such cancellation. The Company shall not be liable at any time for any such error or omission with regard to the pricing and/or description of the Services offered via the Website.
Your order value for the Service(s) shall be debited to your credit card / debit card / net banking account and duly notified to you by e-mail that the payment has been processed. If the Company has to cancel the order after it has processed the payment, the said amount will be refunded to you. In the event due to any unforeseen circumstances, the Company has to withdraw the Service(s) after commencing the same, it shall refund the amounts in relation to such Service(s) on a pro-rata basis.
Prices and availability of the Service(s) are subject to change at the sole discretion of the Company, without providing any notice to the users.
SERVICES
[Insert description of the services i.e., Self-Publishing, Ghost-writing, Editing, Illustration, Translation, Type-Setting & Layout etc. that would be offered on the Website]
ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website (as the case may be). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update your e-mail address, phone number and other contact details regularly (as and when required). If the Company is desirous of sending a communication by e-mail, it shall send it to your e-mail address available on its records and it shall be deemed to have been received by you once it is reflected as sent in the outbox of the Company’s relevant e-mail ID.
You agree and confirm:
That in the event that you are unable to receive the Service(s) on account of an inaccuracy or mistake by you (i.e., including but not limited to you providing us with a wrong name, number or email address, delivery address or any other wrong information) and any inconvenience or delay that ensues are a result of such mistake, the Company shall not be liable for any losses incurred by you as a result of such inaccuracy or mistake.
That you shall use the Service(s) rendered by the Company, its affiliates, consultants, and third-party service providers/vendors for lawful purposes only and comply with: (i) this Terms and Conditions document; (ii) any laws and regulations that may be applicable for availing the Services.
The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation, your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar you from using the Website without prior intimation whatsoever.
That you are accessing the Website and using the Service(s) at your sole risk and are using your best and prudent judgment before using any Service(s) or entering into any transaction through the Website.
That before using any Service, you will check the Service description carefully. By using a Service, you agree to be bound by the conditions of such Service that may be included in the Service’s description (including any terms and conditions that may be prescribed by Third-Party Service Providers).
The Company reserves the right to refuse delivery of Services if the place of delivery is not within the service area of the third party being used for delivering the Services.
The Company reserves the right to refuse provision of Services without assigning any reason whatsoever.
You shall not use the Website (or social media handles belonging to the publishing house ) for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
Transmitting material that encourages conduct that constitutes a criminal offence; results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan or other code with disruptive and/or destructive features;
Interfering with any other person’s use or enjoyment of the Website;
disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users’ ability to use the Website or the Services;
Violating any Applicable Laws. For the purposes of this Terms and Conditions, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms and Conditions or thereafter;
Interfering or disrupting networks connected to the Website;
Reproducing or distributing Content made available on the Website, accessing Content for unlawful use and/or selling the acquired Content made available on the Website. For the purposes of this Terms and Conditions document, “Content” shall include any content acquired from the Website, whether directly or through a link including intellectual property, whether protected under copyright, trademark or not, available and accessible on the Website;
Making, transmitting or storing electronic copies of materials protected by copyright without the written permission of the Company;
Accessing or trying to access any account other than your account;
You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Services, or obtain any services or information not intentionally made available to you by the Company on or through the Website;
You shall not attempt to gain unauthorized access to the account of any other user, or otherwise interfere with any other user’s or entity’s use of the Website.
User Submissions:
Where we have specifically requested User submitted content of any kind for availing the Services made available on the Website, we encourage members of the public to submit such content (e.g., user generated content, images, transcripts, etc.) to the Company that they have created for consideration in connection with the Services availed on the Website (“User Submissions”). All User Submissions are deemed non-confidential and the Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
By submitting any User Submissions, you consent to the following rules:
User Submissions must not infringe on the copyright, trademark, patent or other intellectual property right of any third party. If your User Submission is not your original work, you must obtain all necessary permissions from any persons who contributed to or otherwise may control rights in all or part of the User Submission to submit the User Submission in accordance with these Terms of Use.
User Submissions must not violate a third party’s right to privacy or publicity. You must obtain all necessary permissions from any individuals identified in or implicated by your User Submission, including those shown in photographic content, and, in the case of minors, also from their parents or legal guardians, as appropriate.
User Submissions should relate to the Services made available on the Website.
User Submissions must be respectful of others. Epithets or other language or material intended to intimidate or to incite violence are strictly prohibited. Your User Submission may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity through your User Submission.
Do not impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise expressly stated, copyright, database right and all other proprietary rights, title and interest in all material presented on the Website, including but not limited to the Content, graphical images, text, video clips, reprographics, sounds, demos, patches, graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company (“IP”) is owned by or licensed to the Company and/or its affiliates and is protected or covered under applicable intellectual property laws that are currently in force.
You shall not display, print or download extracts from the Website, whether for your personal or non-personal use, and you shall not commercialise any IP belonging to the Company in any which way.
You shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the Website.
Without obtaining our prior written permission, no part of the Website shall be reproduced or transmitted to or stored in any other website or mobile application, nor shall any of its pages or part thereof be disseminated in any electronic or non-electronic form.
Nothing on the Website or your use of the Service(s) shall be construed as conferring on you or any party, any licence or other rights under the intellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise.
The Company bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Service(s) and/or their content.
As between you and the Company, you own the information and User Submission you provide to the Company, and you may request its deletion at any time. Any information/User Submission you submit to us is at your own risk. By providing information to us, you represent and warrant that you are entitled to submit such information/User Submission and the same is not confidential and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights).
CHANNEL SUBSCRIPTION
As a condition of your use of the Website, the Website will require your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our Services and promotional offers. You can opt out of our promotional emails sent through third party distribution lists anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to you. The offers made in those promotional emails or SMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change.
LIMITATION AND DISCLAIMER OF WARRANTY
Except as specifically set forth for each of the Services made available on the Website, the Website, the Services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, we disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
the Company does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Website or the Services offered through the Website.
To the fullest extent permitted under Applicable Law, the Company, its directors, officers and employees shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Services offered through the Website. Without prejudice to the generality of the foregoing, the total liability of the Company to you for all liabilities arising out of you availing the Services (wherein such loss or damages are solely attributable to the Company) be it in tort or contract/ breach of contract is limited to the value of the Services purchased by you.
Under no circumstances, shall the Company be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third-party service providers empanelled by the Company for the purposes of rendering the Services made available on the Website.
If you are dissatisfied or harmed by this Website or anything related the Website, you may terminate these Terms and Conditions in accordance with Clause 16 below.
The Company does not guarantee that the Website will function without interruption or errors in functioning. In particular, the operation of the Website may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Website due to the aforementioned reasons, the Company shall inform the user of the same. the Company disclaims any and all liability that may arise with respect to the delay in provision of Services due to the aforementioned reasons
GOVERNING LAW AND JURISDICTION
The User Agreement shall be construed in accordance with the Applicable Laws of India. Subject to the below mentioned provisions on arbitration, the courts in Bengaluru shall have exclusive jurisdiction to determine any dispute arising under the User Agreement.
The parties to the User Agreement i.e., the Customer and the Company shall intend to discharge their obligations in utmost good faith. The Customer and the Company shall, at all times, act in good faith, and make all attempts to resolve any differences whatsoever arising out of or in connection with the User Agreement by discussion failing which, the dispute shall be referred to arbitration.
Such arbitration shall be in accordance with the rules framed under the provisions of the Arbitration and Conciliation Act, 1996 (which rules are deemed to be incorporated in this Agreement by reference herein) and shall be held in Bangalore. All proceedings of such arbitration shall be in the English language.
The Tribunal shall consist of a sole arbitrator agreed to by both the Customer and the Company. In the event the Parties are unable to agree on who the sole arbitrator will be, the dispute shall be finally settled by a sole arbitrator, appointed pursuant to Section 11 of the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English.
The arbitral awards rendered shall be final and binding and shall not be subject to any form of appeal.
Each Party shall bear their own costs and expenses, incurred in connection with the arbitration proceedings.
Nothing herein shall preclude either the Customer or the Company from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the parties to pursue any remedy for monetary damages through the arbitration described in this Clause 13.
REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through the Website or otherwise disclosed, submitted or offered in connection with your use of the Website or use of the Service(s) (collectively, the “Comments”) shall be and remain the Company’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Company is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; and/or (3) to respond to any Comments. You agree that any Comments submitted by you on the Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including the Company. You further agree that no Comments submitted by you on the Website shall be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. The Company may not regularly review your Comments. However, it reserves the right (but not the obligation) to monitor and edit or remove any Comments. You grant the Company the right to use the name that you submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make on the Website, and you agree to indemnify the Company, its affiliates, service providers and third parties, for all claims resulting from any Comments you submit. The Company and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
INDEMNITY
By accessing the Website, you agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the User Agreement or arising out of your violation of any Applicable Laws, regulations including but not limited to infringement of any intellectual property rights of the Company and/or any third party (including third party service providers), payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation, loss of service by other users of the Website and infringement of intellectual property or other rights or in relation to any claims arising due to providing your information.
The indemnification obligation stipulated in this Clause 15 shall survive the expiry or termination of the User Agreement.
TERMINATION
The Company may, at its sole discretion, terminate your registration or restrict your access to certain parts of the Service(s), if there is an indication that you have breached the User Agreement or if you have not signed into Your Account with your username in the past twelve (12) months. Such termination shall be without any liability to the Company. Upon any termination / expiry of the User Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Company’s right to any Comments and/or your information shall survive the any termination of the User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the Service(s) already availed or affect any liability that may have arisen under the User Agreement.
Upon termination, you shall not have access to the Website or the Service(s) unless otherwise agreed or permitted by the Company in writing.
FORCE MAJEURE
The Company shall in no event be liable for non-performance (either in whole or in part) or delay in its performance of its obligations, if caused by unpredictable adverse weather conditions, strikes/lockdowns (bandhs), industrial strikes, war, acts of God, acts of terrorism, floods, earthquakes or civil disturbance, or such other threatened or actual circumstance which in each case could not reasonably be foreseen and is beyond the reasonable control of the Company.
GENERAL DISCLAIMER
The Website is provided without any warranties or guarantees on an “As Is” basis. You hereby agree to bear any risks associated with the use of the Website and the Services made available therein. To the fullest extent possible pursuant to Applicable Laws of India, the Company disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. Company does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to the Website or the Services made available therein.
These disclaimers constitute an essential part of the User Agreement.
To the fullest extent permitted under Applicable Law, the Company shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, the Service(s), the use of the products / services or the User Agreement.
SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Company on the Website and other than generally available third-party browsers.
ENTIRE AGREEMENT
If any part of the User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, the User Agreement constitutes the entire agreement between you and the Company with respect to the usage of the Website and availing the Services made available therein, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Services made available on the Website. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
PERSONAL DATA
The Privacy Policy and additional provisions in these Terms and Conditions (if any) governs the use of your personal data.
GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
