TERMS OF SERVICE
THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN THE FORM OF AN
ELECTRONIC CONTRACT FORMED UNDER APPLICABLE LAWS THE AMENDED PROVISIONS
PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES. THESE
TERMS OF SERVICES DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL
SIGNATURE.
PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY USING THE
WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE
TERMS OF SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF
SERVICES, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
These Terms of Service ("Terms”)of the website located at the URL https://edify.club on mobile sites or mobile application and the other
associated/ancillary applications, products, websites and services and all other variations of the same and as mobile applications
available on the Google Play store, App Store and WebApp and
[https://edify.club]respectively (collectively referred to as
“Platform”) is between Kuzagan Services Private Limited (referred as “Company” or “we” or “us” or “our"), a company incorporated under the Companies Act, 2013 with its
registered office situated at 4th Floor, FlexiHq, #7, 19th Main, Sector 4, HSR Layout, Bangalore -
560102, and the registered Users, defined to include any person who registers himself/herself/itself on the Platform and holds an Account on the Platform (referred as "you" or "your" or or “User”) describe the terms on which Company offers Services.
These Terms are a contract between you and Company. These Terms of Services shall be read together with the Privacy
Policy available on https://edify.club/privacy-policy or other terms and condition with all other notices, disclaimers,
guidelines appearing on the Platform from time to time (collectively
referred to as "Terms and Conditions") constitute the entire agreement upon which you are allowed to
access and use the Platform and avail the Services. By accessing this Platform, you are agreeing to be bound by these
Terms and Conditions, all applicable laws and regulations, and agree
that you are responsible for compliance with any applicable local laws.
Your continued use of the Platform shall constitute your acceptance to
the Terms and Conditions, as revised from time to time.
You and Company shall hereinafter be individually referred to as a
“Party” and collectively as the “Parties”
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CLICK TO ACCEPT
Before using certain areas of the Platform you may be asked to indicate
your acceptance of additional special terms and conditions by clicking a
button marked "I Accept" "I Agree" "Okay"
"I Consent" or other words or actions that similarly
acknowledge your consent or acceptance of a Click-Through Terms and
Conditions. Any consent so provided by you will be deemed to be valid
consent under all applicable laws.
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UPDATION OF TERMS AND CONDITIONS
Your use of the Platform is subject to the Terms and Conditions, which
may be updated, amended, modified, or revised by us from time to time.
To ensure that you are aware of any additions, revisions, amendments, or
modifications that we may have made to these Terms and Conditions, it is
important for you to refer to the Terms and Conditions from time to
time. The updated Terms and Conditions shall be effective immediately
and shall supersede these. We shall not be under an obligation to notify
you of any changes to the Terms and Conditions. You shall be solely
responsible for reviewing the Terms and Conditions from time to time for
any modifications. If you continue to use the Platform and/or Services
after the updated Terms and Conditions have been published, it shall be
deemed that you have read and understood and accept the updated Terms
and Conditions. Any reference to Terms of Service herein shall refer to
the latest version of the Terms of Service.
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WEBSITE SERVICES
You may access this Platform to purchase refurbished laptops
("Services").
Company reserves the right to update the Platform and /or Services, in
order to, inter alia, introduce new features or Services, enhance
existing features or Services, improve user experience and performance.
You hereby agree that Company will be able to provide support services
only if you install all the updates upon receiving notifications while
using the Platform and its Services.
The User avails the Services mentioned hereunder for receiving
coaching, insights, perspectives, and advices which enables the User to
achieve and sustain peak performance at work level and deal with
day-to-day challenges and/or issues involving conflict with team,
colleagues, managers, supervisors etc.
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ELIGIBILITY AND ACCOUNT REGISTRATION
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By using the Platform, you affirm that you are at least 18 years of
age and are fully able and competent to accept the Terms and
Conditions and the obligations, affirmations, representations,
warranties set forth in the Terms and Conditions, and to abide by and
comply with the terms stated therein. Registration of User in the
Platform is available only to persons who can form legally binding
contracts. Persons who are "incompetent to contract" within
the meaning of the applicable law including minors, un-discharged
insolvents, or person with unsound mind etc. are not eligible to use
the Platform.
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You must register an account on the Platform (an “Account”). When you register on the Platform and set up your Account, you must: (i) provide accurate and complete
information; (ii) promptly update your Account information with any
new information that may affect the operation of your Account; (iii)
authorize Company to make any inquiries we consider necessary or appropriate to
verify your Account information or the information you provide to us
via the Platform including document proofs or copies or any such information as
required mandatorily by applicable law that need to be provided to
us; and (iv) acknowledge and accept any applicable policies, including
but not limited to those pertaining to service quality,
confidentiality, User integrity, anti-harassment and conflict of
interest. You will not use false identities or impersonate any other
person or use another account that you are not authorized to use on
any computer, mobile phone, tablet, or other device (collectively
“Device”).
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You are responsible for safeguarding and maintaining the
confidentiality of your Account information. You agree not to disclose
your Account information to any third party and that you are entirely
and solely responsible for any and all activities or actions that
occur pursuant to the use of your Account on the Platform, whether or
not you have authorized such activities or actions. You will
immediately notify Company of any unauthorized use of your Account. You may be held liable
for losses incurred by Company due to authorized or unauthorized use of your Account as a
result of your failure in keeping your Account Information secure and
confidential.
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If you provide any information that is untrue, inaccurate, not
current or incomplete (or becomes untrue, inaccurate, not current or
incomplete), or Company has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse
any and all current or future use of the Platform / Services (or any
portion thereof).
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PLATFORM LICENSE
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Subject to your compliance with these Terms, Company grants you a
limited, non-exclusive, non-transferable license: (i) to view Platform
solely for your personal and non-commercial purposes; and (ii) to
access, modify, edit and download any content, to which you are
permitted access solely for your use. You have no right to sublicense
the license rights granted herein.
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You will not use, copy, adapt, modify, prepare derivative works based
upon, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast or otherwise exploit the Platform
and Services, except as expressly permitted in the Terms. No licenses
or rights are granted to you by implication or otherwise under any
Intellectual Property Rights owned or controlled by Company or its
licensors, except for the licenses and rights expressly granted in the
Terms. The Platform and the Intellectual Property Rights vested
therein is owned by Company.
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You agree that this Platform and its Services are made available to
you on a non-exclusive, non-transferable, non-sublicensable and on a
limited license basis and hence, you will not permit, enable,
introduce or facilitate other persons to participate in availing
Services from your Account, including others who may be subject to an
agreement that is the same or similar to this Terms and
Conditions.
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FEES AND PRICING
Fees and pricing shall be as displayed on the Platform.
The payment may be done through a third-party payment gateway. In doing
so any payment related information shared by you will not be stored and
collected by the Company but by the payment partner that the Company
uses to facilitate payments. By making such payment on the Platform, you
agree that the payments facilitated by the third-party payment
aggregator will be governed by the terms of service and privacy policy
of their platform.
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SHIPPING TIMELINE, CANCELLATION, RETURN AND REFUND
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CANCELLATION:
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You may cancel your order any time before the product gets shipped by
the Company. Cancellation requests shall not be accepted once the
product is shipped.
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For cancelling an order, please follow the process:
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Mail your concern at [email protected] with supporting documents and images
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Once our cancellation team goes through the process, and evaluates;
if the item is eligible for cancellation, you would receive a mail
from the team within 2-5 business days with the next steps.
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For any queries or information, please email us on [email protected] , with your order id.
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We may, in some unforeseen situations, raise an order cancellation
from the Company’s side, in events including but not limited to
products being out of stock, any restriction on the number of products
you can order, incorrect pricing or description of the product,
payment fraud suspicion, incorrect or incomplete address provided by
you, any other unavoidable and unforeseeable circumstances.
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RETURN:
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You may request for a return of products within fifteen (15) working
days from the date on which you received the product if the products
are dead on arrival or have a major technical problem, or is damaged
physically, or if a wrong product was delivered, if the product was
defective or damage, or if the product(s) received does not match with
the order placed.
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You shall record the unboxing video and share with us with the
request for return, for the Company’s internal review.
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A quality check shall be done by the Company or such person who shall
be authorised by the Company to check the product against the request
made by you.
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A return request shall not be processed if the there original packing
(price tags, labels and accessories) are missing, or if the serial
number is tampered or unclear.
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REFUNDS:
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The Company shall process your refund to the original form of payment
or in bank account of which details are provided by you to the
Company. The Company shall be free to decide the mode of payment of
the refund.
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Refunds shall be processed within 15 to 30 days from the date
of approving the refund request post a quality check verification is
conducted by the Company or a person authorized by the Company.
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You are responsible for and must prepay all return shipping charges
and you shall assume all risk of loss or damage to product while in
transit to the Company.
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SHIPPING TIMELINE:
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Shipping will happen within 2 days from the date of order. Delivery timeline would be 7 days from the date of order
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RULES AND CODE OF CONDUCT
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You shall not use the Platform for any purpose that is prohibited by the
Terms; or other rules or policies implemented by us from time to
time.
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You shall comply with all applicable local, provincial laws, and
regulations in connection with your availing of the Services.
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You shall keep Company informed of any technical issues or problems
with the Platform, as and when the issues develop.
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By way of example, and not as a limitation, you shall not (and shall
not permit any third party to) take any action (including without
limitation host, display, upload, modify, publish, transmit, store,
update or sharing of information) that: (i) would constitute a
violation of any applicable law, rule or regulation or belongs to
another person; (ii) infringes on any intellectual property or other
right of any other person or entity; (iii) is threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent; or (iv)
impersonates any person or entity (v) deceives or misleads the
addressee about the origin of the message or knowingly and
intentionally communicates any information which is patently false or
misleading in nature but may reasonably be perceived as a fact, (vi)
contains software virus or any other computer code, file or program
designed to interrupt, destroy or limit the functionality of any
computer resource or (vii) 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. The Company reserves the right to disable any
Account from the Platform at any time for any reason (including, but
not limited to, upon receipt of claims or allegations from third
parties or authorities; or if Company is concerned that you may have
violated the Terms of Use), or for no reason at all with or without
notice to the User/Users.
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Additionally, you shall not share any information that: (i) may be
harmful to minors or children below the age of 18 (eighteen) years;
(ii) threatens the unity, integrity, defence, security or sovereignty
of the country, friendly relations with foreign states or public order
or causes incitement to the commission of any cognisable offence or
prevents investigation of any offence or is insulting any other
nation; and (iii) is 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; (iv) harms minors in any manner; (v) infringes any
patent, trademark, copyright or other proprietary rights; (vi)
violates any laws for time being.
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Furthermore, you shall not (directly or indirectly): (i) take any
action that imposes or may impose an unreasonable or
disproportionately large load on Company’s (or its third party
providers’) infrastructure; (ii) interfere or attempt to
interfere with the proper working of the Platform or any activities
conducted on the Platform; (iii) bypass any measures we may use to
prevent or restrict access to the Platform (or parts thereof); (iv)
decipher, decompile, disassemble, reverse engineer or otherwise
attempt to derive any source code or underlying ideas or algorithms of
any part of the Platform, except to the limited extent applicable laws
specifically prohibit such restriction; (v) modify, translate, or
otherwise create derivative works of any part of the Platform; or (vi)
copy, rent, lease, distribute, or otherwise transfer any or all of the
rights that you receive hereunder.
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You will not access the Platform, and/or its services, or the
personal information of other Users, available on the Platform in
order to build a similar or competitive website, product, or
service.
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If are an Individual, you will not access the Platform and/or its
services for the purpose of hiring, recruiting or inviting any other
User to attend any program, event, function, seminar, conference,
talk, etc.
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You agree to immediately notify us of any unauthorised use, or
suspected unauthorized use of your Account, or any other breach of
security, in relation to your personal information on the
Platform.
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One Account shall not be used by more than one User. Any use of an
Account by a third-party would deem to be unauthorised usage. The
Company reserves the right to disable any such Account from the
Platform.
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USE OF YOUR INFORMATION
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You may provide only information that you own or have the right to
use. We may only use the information you provide as permitted by our
Privacy Policy and applicable law. For example, we will never share
your personally identifiable information without your prior
permission. Please closely review our Privacy Policy for more
information regarding how we use and disclose your personal
information. Our Privacy Policy is hereby incorporated into these
Terms of Service by this reference.
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We ensure easy access to the Users by providing an option to update
your Account information. We reserve the right to moderate the changes
or updates requested by you.
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We reserve the right to maintain, delete or destroy all information
and materials posted or uploaded through the Services, pursuant to our
internal record retention and/or destruction policies. We (may/may
not) make use of third-party cloud services providers or use our own
service infrastructure for hosting the servers and databases. While we
make commercially reasonable efforts to ensure that the data stored on
our servers is persistent and always available to the User, we will
not be responsible in the event of failure of the third-party servers
or any other factors outside our reasonable control that may cause the
User’s data to be permanently deleted, irretrievable, or
temporarily inaccessible.
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You acknowledge and agree that we may preserve your information and
may also disclose your related information if required to do so by
law; or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process, applicable
laws or government requests; (b) enforce these TOS; (c) respond to
claims that any of your usage of the Platform violates the rights of
third parties; (d) detect, prevent, or otherwise address fraud,
security or technical issues; or (e) protect the rights, property, or
personal safety of the Platform, its users, or the public.
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DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS
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Each Party hereby represents and warrants that it has the legal
right, power and authority to enter into, deliver and perform this
Terms and Conditions and any other documents executed in connection
with or pursuant thereto.
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Notwithstanding anything contained herein, the User does not have the
right to assign any of his/her rights under these Terms to any other
person or organization.
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The User understands and agrees that the Company shall not be
responsible for the parameters enumerated hereinunder and it is the
responsibility of the User to check factors of the laptops including
but not limited to the quality, compliances with applicable laws,
procurement of registrations, sanctions, approvals, licenses.
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The User shall under no circumstances discuss or share any sensitive
personal information with the Coach.
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THIRD PARTY SITES
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While availing Services, Users may connect with third-party service
providers. The Company is not responsible for, and does not endorse,
any third-party services mentioned on the Platform. It is hereby
stated that Company shall in no way be responsible for any acts or
omissions of third parties. Any transaction, dealings or communication
otherwise that the User may have with such third parties are at the
User’s own risk and we make no warranties, express or implied
regarding the quality or suitability of the services or products of
such third-party vendors. You may be redirected to a third-party
website upon clicking on such links, these websites will be governed
by its privacy policy and terms of use. We shall not be responsible
for any transaction or dissemination of information that may take
place while accessing these third-party websites.
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We attempt to be as accurate as possible. However, we do not warrant
those descriptions of our content or other content of this site is
accurate, complete, reliable, current, or error-free. Also, your
access to the Platform may also be occasionally suspended or
restricted to allow for repairs, maintenance, or the introduction of
new facilities or at any time without prior notice. We will attempt to
limit the frequency and duration of any such suspension or
restriction. We also provide links to other sites over which we have
no control. We are not responsible for the availability of such
external sites or resources and we do not endorse and are not
responsible or liable for any content, advertising, products or other
material on or available from such sites or resources.
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We cannot and will not assure that other Users are or will be
complying with the foregoing rules or any other provisions of these
Terms, and, as between you and us, you hereby assume all risk of harm
or injury resulting from any such lack of compliance.
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You acknowledge that when you access a link that leaves the services,
the site you will enter into is not controlled by us and different
terms of use and privacy policy may apply. By assessing links to other
sites, You acknowledge that we are not responsible for those sites. We
reserve the right to disable links to and / or from third-party sites
to the Services, although we are under no obligation to do so.
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INTERACTIVE SESSIONS
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Some parts of the Services are interactive, and Company is in no way
responsible for the content, information or actions of the User and/or
other third parties. You are solely responsible for your interactions
and communications with the Coach including any sensitive personal
information provided by you to the Coach, and any other parties with
whom you interact or communicate with through the Service.
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You shall not use the platform except strictly for the purposes
specifically laid down in this Terms of Service.
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INTELLECTUAL PROPERTY
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Company shall own all right, title and interest (including patent
rights, copyrights, trade secret rights, mask work rights, trademark
rights and all other rights of any sort throughout the world) relating
to any and all inventions (whether or not patentable), works of
authorship, mask works, designations, designs, know-how, content of
the Platform, video recordings, ideas and information, google text
chats which are subject matter of services (collectively referred to
as “Intellectual Properties”).
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Notwithstanding anything contained in this Terms and Conditions,
Intellectual Properties include all rights of paternity, integrity,
disclosure and withdrawal and any other rights that may be known as or
referred to as “moral rights,” “artist’s
rights,” “droit moral,” or the like.
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While rendering Services, Company directly or through its
representatives, may provide Users with certain materials relevant to
the Services, which may be in the form of audio, video, written and
oral content (“Company Materials”). Company Materials shall be the exclusive property of the
Company. User hereby agrees and acknowledges that he/she shall ensure
that the Company Materials are not shared with any third party,
without Company’s written consent and any breach of such nature
shall cause financial and irreparable injury to Company. Company
hereby provides User with a revocable, non-exclusive,
non-transferable, non-sublicensable, limited license to use the
Company Materials solely for its personal purpose and not for any
commercial use.
- CONFIDENTIALITY
The User agrees to keep all technical and non-technical information,
which Company may have acquired before or after the date of this Terms
and Conditions in relation to the technology, customers, business,
operations, financial conditions, assets or affairs of the other Party
resulting from negotiating this Terms and Conditions; or exercising its
rights or performing its obligations under this Terms and Conditions; or
which relates to the contents of this Terms and Conditions (or any
agreement or arrangement entered into pursuant to this Terms and
Conditions), including but not limited to business plans, business
forecasts, research, technology and financial information, procurement
requirements, purchasing requirements, manufacturing, customer lists,
sales and merchandising efforts, marketing plans, experimental work,
development, design details, specifications, engineering, copyrights,
trade secrets, proprietary information, know-how, processes, equipment,
algorithms, software programs, software source documents, and
information in any way related to the current, future and proposed
business, products and Services of Company confidential or any other
information designated as confidential from time to time.
Notwithstanding anything in the foregoing to the contrary, confidential
information shall not include information which: (i) was known by the
User prior to receiving the confidential information from Company; (b)
becomes rightfully known to the User from a third-party source not known
(after diligent inquiry) by the User to be under an obligation to
Company to maintain confidentiality; (c) is or becomes publicly
available through no fault of or failure to act by the User in breach of
this Terms and Conditions; (d) is required to be disclosed in a judicial
or administrative proceeding, or is otherwise requested or required to
be disclosed by law or regulation.
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RIGHTS AND OBLIGATIONS RELATING TO THE USAGE OF THE PLATFORM
Users shall be prohibited from carrying out the any illegal acts in the
Platform including but not limited to acts mentioned below:
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violating or attempting to violate the integrity or security of the
Platform;
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transmitting any information on or through the Platform that is
disruptive or competitive to the provision of our Services;
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intentionally submitting on the Platform any incomplete, false or
inaccurate information;
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making any unsolicited communications to other Users;
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using any engine, software, tool, agent or other device or mechanism
(such as spiders, robots, avatars or intelligent agents) to navigate
or search the Platform;
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circumventing or disabling any digital rights management, usage
rules, or other security features of the Platform.
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Any unlawful activities in the Platform which are prohibited by
applicable laws.
The Company shall, upon obtaining knowledge by itself or been brought
to actual knowledge by an affected person in writing or through email
signed with electronic signature about any such information as mentioned
above, be entitled to disable such information that is in contravention
of this Clause. We shall also be entitled to preserve such information
and associated records for at least 90 (ninety) days for production to
governmental authorities for investigation purposes. In case of
non-compliance with any applicable laws, rules or regulations, or the
Terms and Conditions (including the Privacy Policy) by a User, we shall
have the right to immediately terminate your access or usage rights to
the Platform and Services and to remove non-compliant information from
the Platform.
We may disclose or transfer User-generated information to our
affiliates or governmental authorities in such manner as permitted or
required by applicable law, and you hereby consent to such transfer. In
accordance with the applicable laws, we shall transfer sensitive
personal data or information including any information, to any other
body corporate or a person in India, or located in any other country,
that ensures the same level of data protection that is adhered to by us,
only if such transfer is necessary for the performance of the lawful
contract between Company or any person on its behalf and the User or
where the User has consented to data transfer.
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SUSPENSION AND TERMINATION
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These Terms of Services are effective unless and until terminated by
either you or Company. You may terminate these Terms of Services at
any time by notifying us that you no longer wish to use our Services,
or when you cease using our Platform.
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We have the right to temporarily suspend access to the whole or any
part of the Services for any reason whatsoever (including but not
limited to technical/operational reasons) and shall be under no
liability to you in such an event. Further, we may, but are not
obliged to, give you notice of any interruption of access to the
Service.
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We may temporarily suspend access to the whole or any part of the
Services for pre-scheduled maintenance. The intent to temporarily
suspend access for pre-scheduled maintenance shall be communicated to
you 48 hours in advance via phone number/email to the contact details
provided by you upon creation of your Account. If you choose to access
the Platform or avail Services during such pre-scheduled maintenance,
we cannot guarantee the availability of the Services and/or
functionality of the Platform.
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We may terminate your usage of the Platform at any time for any
reason, including breach of the Terms and Conditions. We have the
right (but not the obligation) to refuse to grant access to Platform.
Except for the rights and license granted in these terms, we reserve
all other rights and grant no other rights or licenses, implied or
otherwise.
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Once temporarily suspended, indefinitely suspended or terminated, the
User may not continue to use the Platform under the same account, a
different account or re-register under a new account. On termination
of an account due to the reasons mentioned herein, such User shall no
longer have access to data, messages and other material kept on the
Platform by such User. All provisions of the TOS, which by their
nature should survive termination, shall survive termination,
including, without limitation, warranty disclaimers, indemnity and
limitations of liability.
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In the event of any termination of this Terms and Conditions, the
User shall promptly and forthwith make payments accrued or due to
Company.
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Upon termination of this Terms and Conditions, any rights or
obligations of the User existing at the time of expiration or
termination, which, by their nature, survive the expiration or
termination of this Terms and Conditions and such other provision as
specifically identified in this Terms and Conditions, shall
survive.
- ALERTS
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The Company provides you with multiple automatic and/or customised
alerts while providing Services.
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You understand and agree that any alerts provided to you through the
Platform may be delayed or prevented by a variety of factors. We will
do our best to provide alerts in a timely manner with accurate
information. However, we neither guarantee the delivery nor the
accuracy of the content of any alert. You also agree that we shall not
be liable for any delays, failure to deliver, or misdirected delivery
of any alert; for any errors in the content of an alert; or for any
actions taken or not taken by you or any third party in reliance on an
alert.
- CONTACT YOU
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You agree that we may contact you through telephone, email, SMS, or
any other means of communication for the purpose of:
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Rendering Services
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Obtaining feedback in relation to Platform or our Services;
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Obtaining feedback in relation to any other Users listed on the
Platform;
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Any events or initiatives that you may be interested in as part of
the community of users
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Resolving any complaints, information, or queries by other Users
regarding your critical content.
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You agree to provide your fullest co-operation further to such
communication by Company.
- DISCLAIMERS
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THE SERVICE RENDERED ON COMPANY'S PLATFORM ARE PROVIDED "AS IS" AND “AS
AVAILABLE”. COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS
AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OF THE
PRODUCTS SOLD HEREIN OR FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE
ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS
OR PRODUCTS ON ITS PLATFORM OR OTHERWISE RELATING TO SUCH MATERIALS OR
ON ANY SITES LINKED TO THIS SITE.
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THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS
AND PARTNERS DO NOT WARRANT REGARDING THE PERMITS, CERTIFICATES, APPROVALS, LICENSES OF THE PRODUCTS SOLD
HEREINUNDER.
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COMPANY DOES NOT WARRANT THAT THE USER WILL BE ABLE TO USE THE
PLATFORM/PLATFORM AT ALL TIMES OR LOCATIONS ON THE PLATFORM/PLATFORM
OR THAT THE PLATFORM AND THE SERVICES PROVIDED THROUGH THE
PLATFORM/PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
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THE MATERIALS AS APPEARING ON THE PLATFORM MAY CONTAIN TYPOGRAPHICAL
ERRORS, INACCURACIES OR OMISSIONS. COMPANY RESERVES THE RIGHT,
ALTHOUGH IT IS UNDER NO OBLIGATION TO DO SO, TO CORRECT ANY ERRORS,
INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR
MATERIAL AS APPEARING ON THE PLATFORM AT ANY TIME WITHOUT PRIOR
NOTICE.
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WE DON’T PROMISE TO STORE OR KEEP SHOWING ANY INFORMATION AND
CONTENT THAT YOU’VE POSTED. THE COMPANY DOES NOT PROVIDE A
STORAGE SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION TO STORE,
MAINTAIN OR PROVIDE YOU A COPY OF ANY CONTENT OR INFORMATION THAT YOU
OR OTHERS PROVIDE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND
AS NOTED IN OUR PRIVACY POLICY.
-
INDEMNITY
You shall defend, indemnify, and hold harmless the Company, its
affiliates/subsidiaries/joint venture partners and each of its, and its
affiliates’/subsidiaries/joint venture partners’ employees,
contractors, directors, suppliers and representatives from all
liabilities, losses, claims, and expenses, including reasonable
attorneys’ fees, that arise from or relate to (i) your use or
misuse of, or access to, the Services and Platform; or (ii) your
violation of the Terms; or any applicable law, contract, policy,
regulation or other obligation; or (iii) your failure to check and
conduct a due diligence with respect to the quality, registrations,
licenses and approvals for the laptops. We reserve the right to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate
with us in connection therewith.
-
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL COMPANY BE
LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY
DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR (I) ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS
OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING
FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER
FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR
CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR
LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION
WITH THESE TERMS, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR
ANY DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL,
EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF
SUCH DAMAGES.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT
CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service
providers will have no liability of any kind under this Terms and
Conditions. Unless such restriction is prohibited by applicable law, you
may not bring any claim under this Terms and Conditions more than twelve
(12) months after the cause of action arises.
-
EXEMPTIONS TO LIMITATION OF LIABILITY
You further agree and confirm that Company shall not be responsible, in
any manner whatsoever, for any delay/unavailability of Services or
failure to meet its obligations under the Terms and Conditions, which
may be caused, directly or indirectly, due to:
I. your failure to
cooperate;
II. your unavailability
and/or unresponsiveness;
III. your failure to
provide accurate and complete information;
IV. your failure to
provide or facilitate the submission of information in timely
manner;
V. any event beyond
Company’s reasonable control.
- UPDATES
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these
Terms of Services, at any time without any prior written notice to you. We suggest that
you regularly check these Terms of Services to apprise yourself of any
updates. Your continued use of the Platform following the posting of changes will mean that you
accept and agree to the revisions. As long as you comply with these Terms of
Services, we grant you a personal, non-exclusive, non-transferable, limited privilege to
enter and use the Platform.
-
SEVERABILITY AND WAIVER
If any of these terms should be determined to be illegal, invalid or
otherwise unenforceable by reason of the laws of any state in which
these terms are intended to be effective, then to the extent and within
the jurisdiction which that term is illegal, invalid or unenforceable,
it shall be severed and deleted and the remaining Terms of Services
shall survive, remain in full force and effect and continue to be
binding and enforceable. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights
hereunder.
-
FORCE MAJEURE
If the performance of the Party’s obligations hereunder is
prevented, restricted or interfered with by reason of fire, or by
epidemic or pandemic, or other casualty or accident; strike or labour
disputes; war or other violence; or any act or condition beyond the
reasonable control of the Parties, or an act of God (each a
“Force Majeure Event”), then the Parties shall be excused from such performance to
the extent of such prevention, restriction or interference; provided,
however, that the Parties shall give prompt notice within a period of
three (3) days from the date of occurrence of the Force Majeure Event
and providing a description to the other Party of such Force Majeure
Event in such notice, including a description, in reasonable
specificity, of the cause of the Force Majeure Event and the likely
duration of the impact or delay cause by the Force Majeure Event; and
provided further that the Parties shall use reasonable efforts to avoid
or remove such cause of non-performance and shall continue performance
hereunder whenever such causes are removed.
If the Party’s performance of its obligations under this Terms
and Conditions is suspended due to the occurrence of a Force Majeure
Event for a period in excess of thirty (30) business days, the Parties
may terminate this Terms and Conditions without incurring any
charges.
-
RELATIONSHIP BETWEEN THE USER AND COMPANY
Nothing in this Terms and Conditions shall be construed to create any
relationship between Company and you other than that of a service
provider and user. you do not have the authority to bind Company in any
manner whatsoever.
- NON-ASSIGNMENT
These Terms are personal to you and you shall not assign or transfer or
purport to assign or transfer the contract between you and us to any
other person.
-
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms of Use are governed by the laws of India. Any action, suit,
or other legal proceeding, which is commenced to resolve any matter
arising under or relating to this website, shall be subject to the
jurisdiction of the courts at Bangalore, India.
-
ENTIRE AGREEMENT
The Terms and Conditions are the entire agreement and understanding
between you and Company with respect to the Services and usage of
Platform.
-
GRIEVANCE REDRESSAL OFFICER
In furtherance of the Information Technology Act, 2000 (“IT
Act”) and the Information Technology (Intermediary Guidelines and
Digital Media Ethics Code) Rules, 2021 (“Intermediary
Guidelines”) a grievance officer is appointed to ensure compliance
with the IT Act and the Intermediary guidelines.
Any discrepancies or grievances with regard to content and or comment
or breach of the Terms of Service shall be taken up with the designated
grievance officer as mentioned below in writing or through email signed
with the electronic signature to:
Any discrepancies or grievances with regard to content and or comment
or breach of the Terms and Conditions shall be taken up with the
designated Grievance Officer as mentioned below via in writing or
through email signed with the electronic signature to:
Attention: Chetan Modani
Email ID: [email protected]
The grievance officer shall revert to every complaint within 24 hours
of receipt of the complaint. Further, the Company shall take best
possible efforts to redress the complaint within 15 days of receipt of
the complaint. Any suggestions by Company regarding use of the Services
shall not be construed as a warranty.
- SUPPORT
The Company offers an email, calling and in-app-based support system.
In case you require any assistance or support, you may access support
resources or contact our support by calling at +91-95312 45671 or use
the “Help and Support” function on the Platform or email at [email protected] . The Company provides Support on Monday – Friday between
the hours of 10 a.m. – 6:30 p.m. IST (except public holidays).
The User agrees and acknowledges that the Company shall address and
attempt to resolve the complaint received in accordance with the
standard policies and procedures adopted by the Company, the
User’s disapproval/discontent with the outcome/mode of redressal
shall not be deemed to mean non-redressal of the complaint by the
Company. Any suggestions by Company regarding use of the Service shall
not be construed as a warranty.
In furtherance of the Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E- Commerce) Rules 2020
(“E-Commerce Rules”) a nodal officer is appointed to ensure compliance with the
Consumer Protection Act and the E-Commerce Rules.
The details of the grievance officer to which consumer grievances can
be redressed are as follows;
Name: Chetan Modani
Contact Details: [email protected]
Designation of such officer: Head of Operations
The Company shall revert to every complaint within 48 hours of receipt
of the complaint. Further, the Company shall take best possible efforts
to redress the complaint within 30 days of receipt of the complaint. Any
suggestions by Company regarding use of the Services shall not be
construed as a warranty.
The User agrees and acknowledges that the Company shall address and
attempt to resolve the complaint received in accordance with the
standard policies and procedures adopted by the Company, the
User’s disapproval/discontent with the outcome/mode of redressal
shall not be deemed to mean non-redressal of the complaint by the
Company. Any suggestions by Company regarding use of the Service shall
not be construed as a warranty.
- CONTACT
If you have any questions regarding the Services or usage of the
Platform, please contact Company at [email protected] . Please note that for the purpose of validation, you shall be
required to provide information (including, but not limited to contact
number or registered mobile number, etc.) for the purpose of validation
and taking your service request.