Terms and Conditions

TERMS OF USE

These terms of Use (“Terms”) are created and set out by Indkal Technologies Private Limited, a company registered under the Companies Act, 2013 and having its registered office at C-102, Hinduja Lake Front Estate Opp – Hulimayu Police Station, Bangalore, Karnataka – 560076 and/or its affiliates, (hereinafter referred to as “Company”, “We”, “Us”, “Our”). The Company is a Licensee of Acer Incorporated, a Taiwan R.O.C Company (“Licensor”) and is using Licensor’s Trademark under a license. These Terms are intended to make You aware of Your legal rights and responsibilities with respect to Your access to and use of the Platform. These Terms govern the use of the website www.acertvindia.com and any related mobile or software applications (“Platform”) owned and operated by Us, by ‘You’ as a User (hereinafter defined) in relation to the Services (hereinafter defined) provided by Us. You are requested to read and understand these Terms before You proceed to use Our Services.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the 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.

1. Acceptance of terms

By agreeing to use the Services of the Company, You agree to be bound by these Terms and such conditions which the Company may, from time to time, require You to comply with for the purposes of using the Services. To the extent applicable, You also agree to be bound by the terms of use issued by any third party, whose services may be used by Us in connection with Our Services. However, the Company shall not be liable in any manner to You in relation to the terms of use issued by such third parties. These Terms constitute a valid, binding and enforceable legal contract between You and the Company. You have the discretion not to use the Services, and accordingly use of the Services by You, despite having the right and power to not use, shall be construed as Your unconditional acceptance of the Terms

Please read these Terms carefully. By accessing, browsing or otherwise using the Platform indicates Your agreement to these Terms and concluding a legally binding contract with Us. In order to use the Services, You must first agree to the Terms. You can accept the Terms by:

• Clicking to accept or agree to the Terms, where it is made available to You by Us in the user interface for any particular Service; or
• Actually, using the Services and/or purchasing the Products on the Platform. In this case, You understand and agree that We will treat Your use of the Services as acceptance of the Terms from that point onwards.

By impliedly or expressly accepting these Terms, You also accept and agree to be bound by the Company’s policies (including but not limited to Privacy Policy (www.acertvindia.com/privacy) as amended from time to time.

1. Changes to these Terms:

The Company may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Platform after any such amendment or change in the Terms shall be deemed as Your express acceptance to such amended/changed Terms and You also agree to be bound by such changed/amended Terms.

III. Definitions

1. “User” or “You” or “Your” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User. You may surf the Platform without registering on the same, but the User should register themselves in order to make purchases.
2. “Products” shall mean the products listed on the Platform for sale.
3. “Services” Your access to and use of the Platform including but not limited to delivery of information via the Platform whether existing now or in the future that link to the Terms.
4. Eligibility to use the Platform
5. You hereby represent and warrant that You are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Platform or shall not transact on or use the Platform. As a minor, if You wish to use or transact on Platform, such use or transaction may be made by Your legal guardian or parents on the Platform. We reserve the right to terminate Your membership and/ or refuse to provide You with access to the Platform if it is brought to Our notice or if it is discovered that You are under the age of 18 years and/ or are incompetent to contract.
6. Compliance with Laws- You are in compliance with all laws and regulations in the country in which You live when You access and use the Platform. You agree to use the Platform only in compliance with these Terms and applicable law, and in a manner that does not violate Our legal rights or those of any third party(ies).
7. Use of Platform by User
8. You confirm that use of the Platform shall be for Your personal purpose and not for any commercial purpose. You confirm that Your right to access, use, deal with or transact at the Platform cannot be assigned to any other person and custody of User Id and Password to access, deal with or transact at the Platform shall be sole responsibility of You and You shall be responsible and liable for any misuse of User Id and Password assigned to You.
9. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Platform, or portions thereof (including upgrades or updates designed to correct issues with the Platform). Any updates or upgrades provided to You by Us under the Terms shall be considered part of the Platform.
10. You agree that any use of the Platform is at Your own risk. If You use the Platform, You shall be responsible for maintaining the confidentiality of Your display name and password and for restricting access to Your computer/password and You shall be responsible for all activities that occur under Your display name and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms, the Company shall have the right to indefinitely suspend or terminate or block access of Your account on the Platform and refuse to provide You with access to the Platform.
11. You acknowledge and agree that if the Company disables access to Your account, You may be prevented from accessing the Platform, Your account details or any files or other content, which is contained in Your account.
12. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Octroi, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service.
13. The Company reserves the right to charge subscription and/or membership fees from a User, in respect of any Product, Services or any other aspect of the Platform anytime in the future.
14. We reserve the right, but have no obligation, to monitor the materials posted on the Platform. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Our views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious or otherwise unlawful information.
15. Restrictions on Use of Platform by User

You agree that You will not engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

Without limiting the generality of these Terms, in using the Services, You specifically agree not to post, upload, modify or transmit any content (including review) or engage in any activity that, in Our sole discretion which:

1. Violate Our Guidelines and Policies;
2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
3. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business You are reviewing.
4. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
5. Accuses others of illegal activity, or describes physical confrontations;
6. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
7. Attempts to impersonate another person or entity;
8. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
9. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
10. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
11. Asserts or implies that Your Content is in any way sponsored or endorsed by Us;
12. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
13. Falsely states, misrepresents, or conceals Your affiliation with another person or entity;
14. Accesses or uses the account of another customer without permission;
15. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
16. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
17. “Hacks” or accesses without permission Our proprietary or confidential records, records of another Customer, or those of anyone else;
18. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of Your employer or client in breach of any employment, consulting, or non-disclosure agreement);
19. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
20. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
21. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
22. Collects, accesses, or stores personal information about other Customers of the Services;
23. Is posted by a bot;
24. Harms minors in any way;
25. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
26. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise, commercialize any rights to the Services or Our Content;
27. Attempts to do any of the foregoing.
28. 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

You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password ‘mining’ or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the Terms, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or sellers on platform or otherwise tarnish or dilute Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Company’s systems or networks, or any systems or networks connected to the Company.

You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

VII. Content

Ownership of Company’s Content and IP Rights

We are sole and exclusive copyright owners of the Platform and Our content posted on the Platform (“Content”). We as well as Licensor owns the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Platform and Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Platform contains original works and have been developed, compiled, prepared, revised, selected, and arranged by Us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of Us and such others. You further acknowledge that the Platform may contain information which is designated as confidential by the Company and that You shall not disclose such information without Our prior written consent.

You agree to protect the Company’s proprietary rights and the proprietary rights of all others having rights in the Platform during and after the term of these Terms and to comply with all reasonable written requests made by Us or Our suppliers and Licensor of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Platform. You acknowledge and agree that Company and its Licensor own all legal right, title and interest in and to the Platform, including any IP Rights which subsist in the Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless You have agreed otherwise in writing with the Company nothing in the Terms gives You a right to use any of Company/Licensor’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Company/Licensor or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against You at the appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Platform’s Content in whole or in part except as expressly authorized by the Company.

To the fullest extent permitted by applicable law, We neither warrant nor represent that Your use of materials displayed on the Platform will not infringe the rights of third parties not owned by or affiliated with Us.

Your License to Content

We grant You a personal, limited, non-exclusive and non-transferable license to access and use the Platform only as expressly permitted in these Terms. You shall not use the Platform for any illegal purpose or in any manner inconsistent with these Terms. You may use the information made available through the Platform solely for Your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Content in whole or in part except as expressly authorized by Us. Except as otherwise expressly granted to You in writing, We do not grant You any other express or implied right or license to the Platform, Content or Our IP Rights.

Any violation by You of the license provisions contained in this Section may result in the immediate termination of Your right to use the Platform, as well as potential liability for IP Rights infringement depending on the circumstances.

Company’s License to Your Information

Solely to enable Us to use the information You supply Us with so that We are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.

VIII. Privacy Policy

Your privacy is very important to Us. The information/ data provided by You on the Platform including any sensitive financial information (as defined under the Information Technology Act, 2000) will be governed by the terms of the Privacy Policy. The terms of the Privacy Policy form part of this Terms, and will be binding on you at all times. The Privacy Policy can be viewed at www.acertvindia.com/privacy

1. Disclaimer of warranties, limitation of liability, and Indemnification

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND THE PRODUCTS AND SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS GROUP COMPANIES, LICENSOR, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BRANCHES AND SUBSIDIARIES (“COMPANY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE PLATFORM AND THE PRODUCTS AND SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SAME AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF PLATFORM AND/OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM THROUGH THE ACTIONS OF ANY THIRD-PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE PLATFORM AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE COMPANY PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY US, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE PLATFORM, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PLATFORM, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

Indemnification

You agree to indemnify, defend, and hold harmless the Company Parties from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your unauthorized use of the Platform, or Products or Services included or advertised in the Platform; (ii) Your access to and use of the Platform; (iii) Your violation of any rights of another party; or (iv) Your breach of these Terms, including, but not limited to, any infringement by You of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without Your prior consent, any and all claims or causes of action which are brought against Us. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter in which We are named as a defendant and/or for which You have indemnity obligations without Our prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

1. Termination of Your access to the Platform

We may terminate Your use of the Services and deny You access to the Platform at Our sole discretion for any reason or no reason, if We believe You violate these Terms or other Policies. You agree that any termination of Your access to the Platform may be affected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your account and all related information and/or bar any further access to Your account or the Platform. If You use the Platform in violation of these Terms, We may, in Our sole discretion, retain all data collected from Your use of the Services. Further, You agree that We shall not be liable to You or any third party for the discontinuation or termination of Your access to the Platform.

You may terminate these Terms at any time, provided that you discontinue any further use of the Platform.

1. Cookies

In order to improve Our Internet service to You, We will occasionally use a “cookie”. A cookie is a small amount of data that Our web server sends to Your web browser when You visit certain parts of Our Platform. We use cookies to assist Our understanding of Your interest in Our Platform and to store and maintain User preferences. A cookie is not a computer program — it cannot read data from Your computer, perform any action on Your data, or embed any commands in Your computer. While cookies are used to identify repeat visitors to a website, they do not contain any personally identifying information about You, such as Your name, e-mail address, User ID, or password.

Cookies cannot gather any personal information about You other than information You provide voluntarily, such as the information You enter if You choose to register on the Platform.

Most browser software lets You decide whether or not You want to allow cookies to be created. You can set Your browser to notify You when a website sends a cookie to Your computer. Most browsers also provide a way for You to remove cookies from Your computer. If You tell Your browser to deny cookies while You are visiting the Platform, the visit will be terminated for Your protection.

XII. General terms

Interpretation:

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver:

The Terms, together with the Privacy Policy and other Policies, shall constitute the entire agreement between You and Us concerning the Services. No failure or delay by Us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability:

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Force Majeure:

Any delay in or failure of performance by the Company under this Terms will not be considered a breach of this Terms of Use and will be excused to the extent caused by any occurrence beyond its reasonable control, including, but not limited to, acts of God, power outages, failures of the Internet, failures of banking or any other unforeseeable event.

Typographical Errors:

The Platform may contain any typographical error including pricing and if a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, We shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and User has been charged. If User has already been charged for the purchase and User’s order is canceled, We shall issue a credit to User’s account with the equivalent amount.

Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between You and Us and You shall have no authority to bind Us in any form or manner, whatsoever.

Governing Law/Waiver:

These Terms shall be governed by the laws of India. The Courts of law at Bengaluru shall have exclusive jurisdiction over any disputes arising under this agreement.

For all Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

Carrier Rates may Apply:

By accessing the Platform through a mobile or another device, You may be subject to charges by Your Internet or mobile service provider, so check with them first if You are not sure, as You will be solely responsible for any such costs incurred.

Linking and Framing:

You may not frame the Platform. You may link to the Platform, provided that You acknowledge and agree that You will not link the Platform to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in Our sole discretion, result in termination of Your use of and access to the Platform effective immediately.

GRIEVANCE OFFICER:

You may contact Grievance Officer at the following email address:

[email protected]

91-7669610805