TERMS AND CONDITIONS
Last revised on July 22, 2022
- For these Terms, ‘User’ and wherever the context may require, ‘You’ (or any variation thereof including in smallcase), shall mean any natural or legal person (including any legal heirs, administrators, or successors) who has agreed to become a user of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.
- Unless the context otherwise requires, “SORTD,” “We,” “us,” “our,” or “Company” shall mean SORTD, whether now or in the future.
- The Company enables transactions on its Platform between publishers and customers, dealing in paid articles and Services. The readers (“Buyers”) can choose and purchase individual articles (“Orders”) from a variety of articles listed offered by various publishers (“Merchants”) on the Platform.
- These Terms contain rules, regulations, policies, terms, and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time.
- Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms, and conditions set forth or included by reference in these Terms.
- Please read these Terms carefully before using or registering on the Platform, listing any item, accessing any material, Information, or Services, or posting any information at or through the Platform.
- As a User, the User Agreement shall be effective and binding upon your ‘acceptance.’ ‘Acceptance’ shall mean Your affirmative action is on entering Information as requested on the sign-up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement and our Policies (defined below), please do not enter Information as requested on the sign-up page and click the “Accept” button, or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.
- By impliedly or expressly accepting these Terms, you also acknowledge and agree to be bound by Policies communicated to the Users by publication on the Platform.
- The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from taking any action based on the content on the Platform.
- The Company reserves the right to modify the Platform and/or alter these Terms and/or Policies at any time. It retains the right to deny access at any time, including the termination of membership and deletion of the account, to anyone the Company believes has violated the provisions of the User Agreement.
- You are advised that any amendment to the User Agreement incorporated herein by reference will only be notified on the Platform on publicly accessible links, and You agree by accessing, browsing, or using the Platform that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/ terms shall be effective from when the Company publishes the same on the Platform.
- The Company shall not be liable to give any prior notice to the Users for any amendments to the User Agreement, which in the opinion of the Company, has the effect of diminishing the User’s existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the Company at its sole discretion.
- “Affiliate” shall mean any Person who directly or indirectly controls, is controlled by or is under the common control of the Company. The term “Control” is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.
- “Authority” shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory, or self-regulating AuthorityAuthority, agency or instrumentality having jurisdiction over the relevant matter.
- “Grievance Redressal Officer” means the grievance redressal officer appointed by the Company following applicable Law from time to time.
- “Information” means and shall include any confidential and/or personally identifiable Information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information.
- “Internal Service Provider” shall mean logistics or any back-end service providers of the Platform appointed by the Company that will provide various services that the Company may require to run operations of the Platform, for example, to facilitate or outsource one or more aspects of the business, product and service operations provided on the Platform, including search technology, discussion boards, payments, affiliate and rewards programs, co-branded credit cards, maintenance services, database management, etc.
- “Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any government and or any Authority.
- “Losses” shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.
- “Pay Facility” means the automated electronic payment or collection and remittance facility provided by the Company to the Buyers to facilitate payments for paid services on the Platform directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.
- “Person” shall include any individual, legal entity, Company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership, or proprietorship, whether incorporated or not.
- “Services” shall mean the services rendered by the Platform as may be specifically notified by the Company on the Platform or by other means of communication from time to time, following the applicable Law, and currently includes acting as an intermediary or a facilitator for providing a platform web and/or mobile application for enabling the users to sell their products or services online.
- “User(s)” shall mean a user of the Platform.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any existing or future use of the Services (or any portion thereof).
- User registration
- You are required to register with the Services. You agree to keep your password confidential and will be responsible for all your account and password use.
- We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- You agree to keep Yourself updated with all data, Information, and communication pertaining to You made available on the Platform by the Company. You further consent that Your use of the Platform or provision of any data or Information, including any correspondence (by email or otherwise) to or by the Company, is through electronic records, and You consent to receive communication from the Company via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/ electronic record.
- You understand You may have to bear/pay any charges associated with such access (including text messaging charges for messages from Your mobile device). Our communications to You may include communication that would inform Users about various features of our services. The Company may also send You promotional Information unless You have opted out of receiving such Information.
- We may need to provide You with certain communications/notifications, such as service announcements and administrative messages. These communications are considered part of the Services and Your account, and You may not be able to opt-out from receiving them. If You added Your phone number to Your account and You later change or deactivate that phone number, You must update Your account information to help prevent us from communicating with anyone who acquires Your old number.
- All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to the services being provided by the Merchants. The commercial/contractual terms include price, applicable taxes, payment terms, date, period and mode of delivery, and any other terms related to services. The Company does not have any control or does not determine or advise or in any way or involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. The Company may, however, offer support services to Merchants for Order fulfillment, logistics, mode of payment, payment collection, and other ancillary services, according to the understanding between the Company and the Merchants. The Merchant itself solely determines the price of the products and services offered, and the Company has no role to play in such price determination in any way whatsoever.
- The Company does not make any representation or warranty regarding the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that You choose to deal with on the Platform and use Your best judgment in this regard. All Merchant offers/promotions and third-party offers/promotions are subject to respective party terms and conditions, and the Company takes no responsibility for such offers or promotions.
- The Company neither makes any representation or warranty as to specifics (such as quality, value, etc.) of the services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties (including the Merchants).
- The Company is not responsible for any non-performance or breach of any contract between Buyers and Merchants. The Merchant agrees to indemnify the Company for any Losses suffered by the Company due to Merchant’sMerchant’s use of the Platform and interactions with Buyers. The Company cannot and does not guarantee that the concerned Buyers and Merchants will perform any transaction concluded on the Platform. The Company is not responsible for unsatisfactory or non-performance of services.
- The Company assumes the role of facilitator and does not, at any point during any transaction between Buyer and Merchant on the Platform, come into or take possession of any of the products or services Merchant. At no time shall the Company hold any right, title, or interest over the products, nor shall the Company have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.
- The Company only provides a platform for communication, and it is agreed that the contract for the sale of services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer on efficacy, quality, or any other such issues, the Company’s sole responsibility shall be to notify the Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be solely liable for redressing Buyer complaints. In the event You raise any complaint on any Merchant accessed using our Platform, we shall assist You to the best of our abilities by providing relevant information to You, such as details of the Merchant and the specific Article to which the complaint relates, to enable satisfactory resolution of the complaint.
You agree, undertake and confirm that The following binding principles shall strictly govern your use of the Platform:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
- belongs to another person and which You do not have any right to;
- is grossly harmful, harassing, profane, defamatory, obscene, pornographic, paedophilic, libelous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading or misrepresentative in any way;
- is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number), or rights of publicity or any other proprietary rights;
- promotes an illegal or unauthorized copy of another person’s copyrighted work (see “copyright complaint” below for instructions on how to complain about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- contains photographs or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- interferes with another user’s use and enjoyment of the Platform or any third party’s User and enjoyment of similar services;
- refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
- harm minors in any way;
- infringes any patent, trademark, copyright, or other intellectual property rights of third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen articles;
- violates any Law for the time being in force;
- deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing;
- impersonate another person;
- contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or insulting any other nation;
- is false, inaccurate, or misleading;
- directly or indirectly, offers attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law, rule, regulation, or guideline for the time being in force; or
- creates liability for us or causes us to lose (in whole or part) the services of our internet service provider or other suppliers.
In case any action, omission, transaction, or attempted transaction which is violative of these Terms or applicable Laws comes to Your knowledge, You shall immediately take all steps to inform the Company of such violation.
- 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 prohibit 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 Buyer, 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 Information, as provided for by the Platform.
- You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by the User Agreement or to solicit the performance of any illegal activity or other activity that infringes the rights of the Company and/or others.
- You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable Laws; and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, general sales tax, central excise, customs duty, local levies) regarding Your use of our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. Furthermore, You shall not engage in any transaction in an item or service prohibited by the provisions of any applicable law, including exchange control laws or regulations, for the time being in force.
- To allow us to use the information supplied by You without violating Your rights or any laws, 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, concerning Your Information. We will only use Your Information following these Terms and Policies applicable to the use of the Platform.
- From time to time, You shall be responsible for providing information about the products or services proposed to be sold by You. In this connection, You undertake that all such Information shall be complete, accurate, and not misleading in all respects. You shall not exaggerate or overemphasize the attributes of such products or services to mislead other Users in any manner.
- 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 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 violate the User Agreement to use any information obtained from the Platform to harass, abuse, or harm another person or to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. 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, solicitation of unlawful 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 any 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.
- 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 the spirit or letter of these Terms. 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 does not reflect the Company’s 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 the use of content and/or appearance of the 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 intellectual property or other rights of third parties or contain any defamatory, tortious, or otherwise unlawful information.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage incurred due to such transactions or the presence of such advertisers on the Platform.
- It is possible that other Users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal Information about You due to Your use of the Platform, and the recipient may use such Information to harass or injure You. We disapprove of such unauthorized uses, but by using the Platform, You acknowledge and agree that we are not responsible for using any personal information that You publicly disclose or share with others on the Platform. Therefore, please carefully select the type of Information that You publicly disclose or share with others on the Platform.
- The Company respects the intellectual property rights of others and expects Users of the Services to do the same. We reserve the right to remove content alleged infringing without prior notice, at our sole discretion, and without any liability to You. We will respond to notices of alleged infringement that comply with applicable Law and are properly provided to us. If You believe that Your content has been copied in a way that constitutes copyright infringement, please report this to the Company at firstname.lastname@example.org
- The Company may, in the future, charge a fee or charges, as intimated from time to time, for registration on the Platform as Users, especially for maintaining an official account, for availing services provided by the Company through the Platform. Currently, the Company does not levy any charges/fees for registration, access, or maintaining an account on the Platform. The Company reserves the right to introduce new services, including any premium or paid services, or modify or discontinue any existing services provided on the Platform. Changes to the Terms or any of the Policies shall be published on the Platform, and such modifications shall automatically become effective immediately after they are published on the Platform. You are requested to visit the Terms and various Policies links on the Platform often to keep abreast of any amendments.
- You confirm that these Terms hereunder (and the User Agreement) will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions or provisions of any other agreement or instrument to which You are a party or by which You are bound or to which any of Your property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of Your duties hereunder. You have obtained any consent, approval, or authorization of AuthorityAuthority required for the execution, delivery, and performance of its respective obligations hereunder. If the Company suffers any Loss or damages or any Person makes a claim against the Company or the Platform as a result of a breach or default or contravention on Your part of the User Agreement, You agree to, immediately upon delivery of notice by the Company, make good such Losses or damages or claim amounts suffered by the Company.
- You confirm that there is no action, suit, or proceeding pending against You or, to Your knowledge, threatened in any court or by or before any other Authority which would prohibit Your entering into or performing obligations under the User Agreement.
- You confirm that You shall not transfer Your account and shall not assign any rights and obligations under the User Agreement to any third party without the specific written permission of the Company.
- In case of any violation by You of the User Agreement, the Company has the right to immediately terminate the access or usage rights of the User to the Platform without any notice, and any such violative information that is displayed or submitted on the Platform may be removed immediately and completely and/or report to investigating authorities under applicable Law.
- If the Company terminates Your access to the Platform, the Company may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers, and You agree and acknowledge that the Company or the Platform shall not in any manner be responsible and/or liable for removing or deleting such Information.
- We neither endorse any Merchant nor the products/services offered by them. In addition, although these Terms require You to provide accurate information, we do not attempt to confirm and do not confirm its purported identity. We will not be responsible for any damage or harm resulting from Your interactions with Merchants.
- By using the Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of Merchants or other third parties will be limited to a claim against the particular Merchant or other third parties who caused You harm, and You agree not to attempt to impose liability on or seek any legal remedy from us for such actions or omissions.
- The Platform may be under constant upgrades, and some functions and features may not be fully operational.
- Due to the vagaries that can occur in the electronic distribution of Information and the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in the functionality of the Platform. As a result, we do not represent that the information posted is correct in every case.
- We expressly disclaim all liabilities that may arise from any unauthorized use of credit/ debit cards.
- The Company disclaims all liability that may arise due to any violation of applicable laws, including the Law applicable to products and services offered by the Merchant.
- While the articles provided on the Platform were prepared to provide accurate information regarding the subject discussed, the Information contained in these articles is being made available with the understanding that we make no guarantees, representations, or warranties whatsoever, whether expressed or implied, concerning professional qualifications, expertise, quality of work or other Information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to You or any third party for any decision or action taken in reliance on such Information.
- The Information provided hereunder is provided “as is.” We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness, or completeness of any information or data furnished hereunder or that the Information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources, and it is left to the judgment of Users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, Affiliates, business partners and employees from any professional liability.
- We shall not be liable to You or anyone else for any Losses or injury arising from or relating to the Information provided on the Platform. In no event will we or our personnel be liable to You or any third party for any decision made or action taken by Your reliance on the content contained on the Platform.
- In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential, or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data, or business interruption), resulting from any services provided by any third party or Merchant accessed through the Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
- We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason whatsoever; (b) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; or (c) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Intellectual Property Rights
- You agree to pay all charges or fees at the prices then in effect for your Subscription, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. In addition, if your Subscription is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until you notify us of your cancellation per the cancellation information described in this section below.
- We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services. In such a case, we will notify you by email and refund you any Subscription Fees that you have paid.
To the extent that the Platform contains links to advertisement banners, Information about outside services, and resources offered by third parties, we do not give any express or implied warranties or guarantees regarding the content, services, and Information provided on such linked websites. Any concerns regarding such services or resources, or any link to it, should be directed to the particular service or resource provider. We provide these links only for the convenience of visitors to the Platform. You can visit any of the linked websites entirely at your discretion; however, we shall assume no responsibility for the outcome of any such interactions.
Limitation of Liability
- In no event shall the Company or its personnel or its suppliers, service providers, and internal service providers be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible Losses arising (in any manner whatsoever) out of or in connection with the Platform, the Pay Facility, services provided by internal service providers on behalf of the Platform or the Company or any other services.
- The Company’s liability under all circumstances is limited to the amount of charges/ fees paid by You to the Company. The Company, its personnel, and internal service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any information or communication provided on or through the use of the Platform or that of the operation of the Platform or Pay Facility will be error free and/or uninterrupted. The Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of (a) the delay, failure, interruption, or corruption of any data or other Information transmitted in connection with the use of the Platform or Pay Facility; or (b) any delay, failure, interruption or errors in the operation of the Platform or Pay Facility.
Indemnity for non-compliance or breach
You shall indemnify and hold harmless the Company, subsidiaries, its personnel, Affiliates, internal service providers, and their respective officers, shareholders, directors, agents, and employees, from and against any Losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys’ fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement or resulting from untrue, inaccurate, misleading not current or incomplete Information provided or verified by You.
- The Company views protecting Users’ privacy as a fundamental community principle. The Company clearly understands that You and the personal information provided by You is one of the most important assets to the Company. The Company stores and processes the information provided by You that are protected by physical and reasonable technological security measures and procedures in compliance with the applicable Law.
Breach and Termination
- We may terminate your use or participation in the services or delete your account and any content or information you posted at any time, without warning, in our sole discretion if we consider that you have breached, or are likely to breach, any of the above.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
Grievance Redressal Mechanism
- In case of any grievance, objection, or complaint on Your part concerning the Platform, other Users, or the Company, including any complaints or enquiry about suspension, termination, or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at email@example.com and provide the Grievance Officer with all necessary Information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.
- The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 24 working hours of receiving them. The Grievance Officer may request such information as he may be required to look into the grievances/ complaints to resolve the same. The Grievance Officer shall attempt to resolve the grievance/ complaint within 7 business days of having received it. You acknowledge that if you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the Terms herein, you hereby consent and authorize the Grievance Officer to contact you based on the Information provided by You for the grievance/ complaint.
- All communications between You and the Company and all confidential information given to or received by You from the Company, and all information concerning the business transactions of the Company with any entity or Person with whom it may or may not have a confidentiality obligation concerning the matter in question, shall be kept confidential by You (whether or not such Information or data has been marked as confidential) unless permitted explicitly to the contrary in writing to the Company.
- Further, the Company may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial partners, or service providers other than other Users of the Platform.
- This confidentiality obligation shall survive the termination of the agreement with and the User account of the concerned User.
If any provision of the User Agreement or the application thereof to any person or circumstance is determined to be invalid, unlawful, void, or unenforceable to any extent for any reason, including by reason of any applicable Law, the remainder of the User Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby. Each provision of the User Agreement shall be valid and enforceable to the fullest extent permitted by Law. Any invalid or unenforceable provision of the User Agreement shall be replaced with a valid and enforceable provision that most nearly reflects the original intent of the invalid and unenforceable provision.
Governing Law and Jurisdiction
The User Agreement and documents incorporated by reference shall be governed and construed per the laws of India. If any dispute arises between You and the Company during Your use of the Platform or the Pay Facility or any service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of the Terms and/or any other agreement between the Company and You in addition to the User Agreement and any other documents incorporated therein by reference, the dispute shall be referred to the senior management of the Company for conciliation. If the dispute has not been resolved, then such a dispute shall be subject to the exclusive jurisdiction of the courts in Delhi, India, and You hereby submit to the jurisdiction of such courts.