Terms Of Service
Welcome to Deallab Inc. These terms/ conditions/ stipulations enumerated hereunder intend to outline the rules and regulations that govern, manage and regulate User’s or Visitor’s access/ availment/ enjoyment/ use/ browse/ visit (hereinafter referred as"Use", “Used”, “Using”) to/ of our website and/ or services/ features/ provisions of facilities provided/ made available thereon, including but not limited to its application but excluding any third-party websites, ("Platform") in order to ensure such Use being fair, ethical, legitimate and constitute a legally binding contract between you, as a User/ Visitor and Deallab Inc. along with its affiliates/ associates/ assignees, if any ("Company","We", "Our","Us").
By having, continued or otherwise, used our Platform, you will be deemed to have acknowledged, agreed and accepted unconditionally and absolutely these Terms of Service ("Terms"), which are subject to change/ modification/ alteration/ amendment/ upgradation ("change") by the Company at its sole discretion and/ or with absolute right, with/ without seeking any suggestion/ consultation/ feedback or likewise from any of the stakeholders.
Should you, as a User/ Visitor, not agree with any of the stipulation/ condition/ term/ covenant of/ in Agreements, or in any manner or for any purpose cannot comply/ adhere thereto, then you have been provided the option not to Use the Platform. However, in case you have any reservation(s) with respect to any of the stipulations/conditions/ covenants of/ in Agreements, you are encouraged to please let us know about such reservation(s)via writing to us at our dedicated email:firstname.lastname@example.org enabling us to address your concerns. These Terms apply to all Users/ Visitors, without any exception, who wish/ intend to Use the Platform.
Thank you for your time, patience and for being a responsible User/ Visitor.
USE OF SERVICE
In order to Use the Platform, you acknowledge, agree and accept that, subject to these Terms, such Use to the Platform is exclusively granted by the Company on a non-exclusive basis for the User/ Visitor. The application of these Terms extrapolates to the User's internal business purposes, or in case of an organization, you acknowledge, agree and accept the Terms on behalf of the concerned/ respective organization and hold out to represent that you have the due authority to bind the concerned organization to these Terms. You represent that: (a) all data/ information published/ posted/ uploaded/ submitted on/ over the Platform by you, as a User/ Visitor, is true and accurate to the best of your knowledge; (b) you will maintain correct and accurate credentials at all times such as contact, registration information, etc.; (c) you have attained the age of legal major and so have the ability to enter into the contracts; (d) your Use of the Platform does not contravene any applicable provisions of law, rules, regulations, or third party obligations; and (e) you will comply with and adhere to all the applicable provisions of laws, regulations, rules and Terms throughout the Use of the Platform.
When you register an account, via signing-up through Google or Company specific registered domain and/ or through other domains, with us, you guarantee, warrant and represent that you have attained the legally competent age of permissibility in relation to such registration, as applicable in your respective jurisdiction, and that the data/ information/ document/ record you provide to us is accurate, complete, true, correct and current, to the best of your knowledge, at all times. Any inaccurate, mendacious, incomplete, incorrect or obsolete data/ information/ document/ record may, at exclusive and sole discretion with absolute right of the Company without any prior notice to such effect, result in the immediate termination/ deletion and/ or suspension of your account on/ over the Platform.
You are exclusively, solely and wholly responsible/ liable/ accountable, in legal or other terms, for maintaining the confidentiality of your account, its password and other personal credentials, including but not limited to allowing restricted access to your device and/ or account. You hereby agree to accept the responsibility/ liability/ accountability for any and/ or all activities or actions that you undertake in the name of your account and/or password, whether your password is with us or a third-party. You must notify us promptly upon discovery of any breach/ infringement/ contravention/ infraction, in any manner whatsoever, of security and/ or unauthorized use/ access of/ to your account.
You will not use, as a username and/ or other details required for such signing up and/or otherwise, the name/ e-mail address/ trademark or any other credentials duly belonging to any other individual or person, natural or juristic or otherwise, that is not lawfully available to you for such employment, that are subject to any rights/ title/ interest of such other individual and/ or person other than you, without appropriate authorization/ license/ permission, if any. You will not use as a username or profile name, any name that is offensive, vulgar, obscene or of like nature or kind.
We hereby unconditionally reserve the right to deny Use to the Platform, terminate and/ or suspend your account, remove, obviate or edit Content, or cancel orders in our sole discretion, if it is found to be offensive, vulgar, obscene or of like nature or kind, or infringes third-party rights, or is prohibited by any applicable law.
FEATURES AND CONTENT
The Platform allows and permits such features of interactions and communications so as to enable you to provide, post, upload, share, endorse, link, save, store and otherwise make available/ demonstrate/ display/ exhibit information, images, files, materials, data, text, graphics, visuals, icons, audios, videos or any other material of any kind/ nature capable of being perceived by any biologically-endowed sensory faculty (“Content”). With respect to such Content, you represent and warrant that you absolutely own or have due rights to post, publish, share and upload your Content on/ over/ through the Platform, and you are solely, exclusively and wholly responsible/ liable/ accountable, in terms of legality, mendacity, ethicality, trueness, reliance, aptness, correctness, for the Content that you post/ publish/ share/ upload/ endorse, directly or indirectly, voluntarily or otherwise, on/ through/ via the Platform.
You will not copy, download, make extracts, or share Content that you do not own or do not have rights in respect thereto. You will not upload or publish or endorse or post Content that is unlawful, hateful, obscene, threatening, violent, harassing, pornographic, fraudulent, stolen, unauthorized, or any Content that contravenes or infracts any provisions of applicable laws, rules, and regulations.
Without prejudice to any legal action, the Company, absolutely, unqualifiedly and unconditionally, absent any prior notice thereto, hereby reserve and possess due rights to terminate and/or suspend temporarily/ permanently the account of any registered User found to be infringing/ contravening/ infracting a copyright. The Company maintains and retains the right to remove, suspend, or permanently delete any Content submitted or uploaded by you without any prior notice or reason thereof, and has no obligation to accept, display, or maintain any Content.
In pursuance of Using the Platform, it is possible that others may obtain personal data about that has been made available through Content on your account. At the outset, it is reiterated that the Company shall not be responsible/ accountable/ liable for such unauthorized use of any personal data that you disclose on the platform through any Content. You duly acknowledge and thereby accept that all perils related to the disclosure of personal data through Content on/ over the Platform is solely and exclusively yours.
You retain any and all of your rights/ title/ interest, whether partial or full, to/ in any property pertaining to the Content, that you submit, post, publish, advertise, endorse, share or display on/ through/ via Platform, and you are exclusively, solely and wholly responsible/ liable/ accountable for protecting/ securing/ safeguarding such rights/ title/ interest therein. We, at the outset, affirm to assume/ have/ take no responsibility/ liability/ accountability, in legal or other terms, for the Content you or any third party posts/ publishes/ shares/ advertises/ endorses/ displays/ demonstrates on/ over our Platform. You, nonetheless, by having posted/ published/ advertised/ endorsed/ shared/ displayed/ demonstrated the Content via/ through/ over accessing/ Using our Platform, unconditionally and absolutely grant/ assign/ convey/ transfer us the right and license to use, modify, amend, rectify, share, transfer/ convey/ assign/ publicly perform, publicly display, reproduce, and distribute, in any manner we wish, such Content on/ through/ over our Platform. You unconditionally and absolutely agree and affirm that this license, among others, comprehends the right for us to make "your" Content available to other Users of Platform, who may also use your Content, subject to these Terms.
The Company has the unconditional and absolute discretionary right, but not the saddling/ binding obligation/ duty as such, to monitor/ overlook/ supervise and/ or edit/ modify/ alter/ amend/ change the Content posted/ published/ shared/ advertised/ endorsed/ displayed/ demonstrated by the Users on/ through/ over the Platform. Additionally, the Content found on/ through/ over the Platform are the property of Deallab Inc. You may distribute, modify, transmit, reuse, download, repost, copy, use or exploit only such Content that is posted/ published/ advertised/ endorsed/ shared/ displayed/ demonstrated by you only; and no such other Content which may be posted/ published/ advertised/ endorsed/ shared/ displayed/ demonstrated by other Users/ Visitors whether in whole or in part, be used in any manner whatsoever for commercial purposes or for personal gain(s), without a written express advance written permission and/ or approval from us.
You may Use the Platform for lawful purposes only and in strict accordance with these Terms. You, inter-alia agree, affirm and undertake not to Use the Platform:
(a) In a manner that may/ shall constitute any violation/ infringement/ contravention/ infraction of any applicable national or international laws or regulations;
(b) For the purpose of/ with an intent to exploit, harm and/ or attempting to exploit or harm minors in any manner by exposing them to inappropriate/ malicious content or otherwise;
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
(d) To impersonate or attempt to impersonate the Company, a Company's employee/ representative, another User, or any other individual or person, whether natural or juristic or otherwise;
(e) In any way that infringes and/ or impinges upon the rights of others, or in any way amounts to illegal, threatening, fraudulent, illicit, prohibited, proscribed, unwarranted or harmful act/ omission, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; or
(f) To engage in any other conduct/ act/ omission that amounts to unauthorised impede/ restriction/ inhibition/ limitation of anyone’s Use of Platform, or which, as determined periodically by us, may harm or offend the Company or Users of Service or expose them to any responsibility/ accountability/ liability, of any nature whatsoever.
Additionally, you unconditionally agree and undertake not to:
(a) Use any of the service in any manner that could disable, overburden, damage, or impair services, or interfere and/or impede with any other party’s use of Platform, including their ability to engage in real time activities through service;
(b) Use any robot, spider, or other automatic device, process, or means to Use the Platform, including monitoring/ analysing or copying any of the material/ Content on/ over Platform;
(c) Use any manual process/ procedure to monitor or copy any of the material/ Content on/ over the Platform for any other unauthorized purpose without our prior express written consent;
(d) Use any device, software, or routine that interferes with and/ or impedes the proper working of any Platform;
(e) introduce and/ or attempt to introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the Use of the Platform;
(f) attempt to gain or gains any unauthorized access to, interfere with, impede, damage, or disrupt any parts of Platform, the server on which Platform is stored, or any other server, computer, or database connected in any manner to the Service;
(g) attack provision of Platform in any manner, via a denial-of-service attack and/ or a distributed denial-of-service attack;
(h) take and/ or attempt to any action that may damage or falsify Company rating and/or image;
(j) reverse-engineer, decipher, alter, disassemble, encrypt or likewise in respect of any software or code, related or associated, directly or indirectly, with the Platform, without any prior express written consent or authorization to that effect being duly obtained/ acquired from the Company;
(k) by-pass or circumvent, disable, or interfere in any manner whatsoever with the code/ software/ programming files that may have an impairing effect on use of/ to the Platform;
(l) attempt to impair, impede, maim, or otherwise compromise any security and safety related features;
(m) access or use another users account sans prior permission from such User; or
(n) otherwise attempt to interfere with the proper working and/or operationalization of service.
By registering an account with our Platform, you hereby agree to become a registered User, and subscribe and allow us to communicate/ send our informational/ promotional newsletters and/ or marketing/ other advertising materials/ information, with a view to keep you updated, by dint of any reasonably standard means/ modes of communication. You may, however, opt out to receive any, or all, of such communications from us by unsubscribing the same or by writing an e-mail to that effect at: email@example.com
We hereby reserve, and so possess an unconditional and absolute right, albeit not to be considered/ regarded as an obligation/ duty in any manner whatsoever, to reach out to the potential/ probable buyers in order to, among other things, recommend/ suggest/ promote suitable products/ services, posted/ published by the Users, who are the sellers, on/ over the Platform, as per their desired proclivities, predilections and preferences, after strategically programming the preferential analytics of the Users, i.e., the sellers and the buyers.
Unless expressly specified otherwise, any notices/ intimation or other communications addressed to/ by the Users, in accordance with these Terms, will be provided/ conveyed/ communicated electronically to/ by the Company via a designated and declared e-mail/ through a dedicated modus operandi on/ over the Platform/ an instant-messaging facility, operated either by algorithmically-designed bot or otherwise.
The Platform and its original content (excluding Content provided/ produced/ published/ generated/ posted/ advertised by Users), features and functionalities are and will invariably remain the sole and exclusive property of the Company, as an absolute proprietor. The Platform stands absolutely protected by copyright, trademark, and other applicable laws of every foreign nation enacted and in effect with an object/ purpose to secure the intellectual property rights of any kind of the proprietor thereof, wherein the Platform is/ was being Used. Our trademarks and trade dress, among other intellectual property marks/ rights of the Company, shall not be used in connection with any product and/ or service, without our prior express written consent/ approval / permit.
You hereby acknowledge, agree and unconditionally accept, in legal terms, that the name “Deallab”, and other Company logos, designs, features, wordmark and the like, and the services availed through the Platform are the intellectual properties of the Company, and are absolutely owned by Us, solely or jointly, and you will not use, demonstrate, exhibit or display, in any manner, such trademarks in any advertising, publicity or in any other commercial adventure or otherwise without the Company’s prior express written permission to that effect. Any third-party trademarks or service marks displayed/ demonstrated/ exhibited on/ over the Platform are the property of their respective proprietors. Your Use of the Platform grants you no right to reproduce, license or otherwise use, in any possible manner, any such trademarks, logos, other proprietary marks, or any other related or associated intellectual property of the Company.
No intellectual property rights owned by the Company have been granted/ assigned to you in any manner, except the ones expressly granted in these Terms, and such rights are hereby unconditionally and absolutely reserved and retained by the Company only.
Furthermore, you acknowledge and agree to the effect that in the event of any third-party claim against you, the Platform and/ or your Use thereto infringes any third-party’s intellectual property rights, you (and not the Company) will exclusively, solely and wholly be responsible/ liable/ accountable for the investigation, defence, settlement and discharge of any such claim of intellectual property right infringement. You will, however, undertake to promptly notify us in writing, vide proper communication conduit, about such a claim.
NO USE BY MINORS
The Platform is intended to be Used by individuals who have attained the legally competent age of permissibility in accordance with the applicable and pertinent laws applicable in the respective jurisdiction. By Using the Company’s Platform, you hereby warrant and represent that you, having been attained such legally competent age of permissibility, are not a minor, and possess and carries full authority, right, and capacity to enter into Agreements, and so unconditionally abide by and complies with all of the terms/ conditions/ stipulations/ provisions/ covenants of these Terms. If you are a minor, you are straightforwardly forbidden from Use of Platform in any manner.
OTHER/ THIRD-PARTY LINKS
The Platform may comprise/ embody links to third-party websites that are in no manner owned/ operated/ regulated/ governed/ controlled by the Company. The Company hence exercises no control/ supervision/ regulation over, and assumes no accountability/ liability/ responsibility for, the data, information, content, privacy policies, or practices observed by any such third-party websites. We do not, in any manner, warrant the offerings of any of these entities/ persons or their respective websites.
YOU HEREBY ACKNOWLEDGE IN ENTIRETY AND AGREE UNCONDITIONALLY AND ABSOLUTELY THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE OR ACCOUNTABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS OR HARM OF ANY NATURE WHATSOEVER CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, INFORMATION, DATA, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH OR OVER ANY SUCH THIRD-PARTY WEBSITES.
WE STRONGLY ADVISE AND RECOMMEND YOU TO READ THE TERMS, CONDITIONS AND PRIVACY POLICIES AS APPLICABLE THERETO OF ANY SUCH THIRD-PARTY WEBSITES THAT YOU INTEND TO USE.
- Where we are obligated to do so under the applicable laws/ judicial orders/ due dictates of governmental authorities such as regulators or otherwise; or
- For business purposes and to enhance the User experience; or
- Where User/ Visitor has provided his/her prior written requisite authorization to do so; or
- Where it is in the public interest to do so.
User(s)/ Visitor(s) shall not use, export or re-export any data/ information or make any copy or adaption thereof as available on the Platform in contravention of any applicable provisions of laws or regulations, including export laws and regulations for the time being in force from time to time.
DISCLAIMER OF WARRANTY
ALL THE SERVICES ARE BEING PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE DATA, INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE SERVICES OFFERED OR MADE AVAILABLE THEREON, THEIR CONTENT, AND ANY SERVICES OBTAINED FROM US IS AT YOUR OWN EXCLUSIVE AND SOLE RISK.
NEITHER COMPANY NOR ANY PERSON, WHETHER NATURAL OR JURISTIC OR OTHERWISE, ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED OR ACQUIRED OR ACCESSED OR AVAILED THROUGH OR VIA OR OVER THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE RECTIFIED/ CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED OR ACQUIRED OR ACCESSED OR AVAILED THROUGH OR VIA OR OVER THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OR ASSURANCES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, RECTITUDE, AND FITNESS FOR ANY PARTICULAR OR GENERAL PURPOSE WHATSOEVER.
THE COMPANY HEREBY CLARIFIES TO THE REGISTERED USERS, WHO ARE SELLERS THAT IT DISCLAIMS ALL SORT/ KIND OF WARRANTIES/ GUARANTIES/ ASSURANCES, VERBAL OR NON-VERBAL, EXPRESS OR IMPLIED, HAVING LEGAL OR OTHER EFFECT, TO THE EFFECT THAT THE BUYER, POTENTIAL OR ENGAGED, WILL ABIDE BY AND COMPLY WITH ANY AGREEMENT/ CONTRACT, IF ANY, ENTERED BETWEEN SUCH SELLER AND BUYER WHETHER THROUGH THE PLATFORM OR OTHERWISE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER ANY PERTINENT PROVISIONS OF THE APPLICABLE LAW.
INDEMNIFICATION ANDLIMITATION OF LIABILITY
EXCEPT AS PROHIBITED BY THE APPLICABLE PROVISIONS OF LAW, YOU WILL ABSOLUTELY AND UNCONDITIONALLY HOLD AND INDEMNIFY US AND ALL OUR OFFICERS, DIRECTORS, GROUP COMPANIES, AFFILIATES, EMPLOYEES AGENTS AND REPRESENTATIVES HARMLESS FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, ASSOCIATED OR CONSEQUENTIAL DAMAGE AND/ OR HARM OF ANY NATURE WHATSOEVER AND HOWSOEVER IT ARISES OR APPEARS OR EMERGES (INCLUDING, BUT NOT LIMITED TO, ALL COSTS AND EXPENSES INCURRED ON ACCOUNT OF ATTORNEYS’ FEES, LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, (WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION OR ANY OTHER LEGAL OR NON-LEGAL ACTION, OR ARISING OUT OF OR IN CONNECTION WITH OR IN RELATION TO THE AGREEMENTS, INCLUDING, BUT WITHOUT LIMITATION TO, ANY CLAIM FOR PERSONAL INJURY/ COMPENSATION/ DAMAGES, WHETHER PECUNIARY OR OTHERWISE, OR PROPERTY DAMAGE, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT OR INTERESTS THEREIN OF THE COMPANY, INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR INTERESTS THEREOF, ARISING FROM OR IN RELATION TO OR IN CONNECTION WITH THE AGREEMENTS AND ANY VIOLATION OR CONTRAVENTION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS AS APPLICABLE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY THE PERTINENT PROVISIONS OF LAW, IF THERE IS ANY LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES OFFERED OR MADE AVAILABLE BY THE COMPANY ON/ OVER THE PLATFORM, AND UNDER NO CIRCUMSTANCES, HOWSOEVER EXCEPTIONAL OR EXTRAORDINARY, WILL THERE BE ANY CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION/ TEMPORARY SUSPENSION/ DELETION
The Company may, at its sole and exclusive volition, terminate and/ or suspend your registered account and may bar your Use of the Platform forthwith, without any limitation of time, and without any prior notice/ intimation or otherwise to the concerned User, for any reason whatsoever, including but not limited to breach of these Terms.
If you intend/ wish to terminate/ delete/ suspend your registered account with us, you may simply discontinue using/ accessing/ availing/ enjoying such account on/ over the Platform by deactivating your account in a manner provided at the Platform. In the event the yearly/ monthly subscription of the registered account, to Use the services over the Platform is not renewed by the User, such registered account shall automatically stand expired/ deactivated.
All conditions/ stipulations/ terms/ covenants/ provisions of these Terms, which by their nature should survive termination shall survive such termination/ suspension/ deletion, including but not limited to ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be exclusively governed and construed in strict accordance with/ adherence to/ in conformity with/ in consonance with the applicable laws of the State of California, or the case may be, the United States of America, without having regard to its conflict/ inconsistency with any of the legal provisions thereof, if such supersession is permitted in the applicable laws. Our failure, for any reason whatsoever, to enforce/ effectuate any right/ term/ condition/ stipulation/ provision/ covenant described and enumerated in these Terms shall not in any manner be construed as a waiver of such right/ term/ condition/ stipulation/ provision/ covenant.
In case any term/ condition/ stipulation/ provision/ covenant of these Terms is/ are held to be invalid or unenforceable by a court/ tribunal/ any other authority of competent jurisdiction, the remaining provisions of these Terms will remain intact and carry an effect as if such severance has no effect on any of the other term/ condition/ stipulation/ provision/ covenant of these Terms.
These Terms constitute and comprise the entire agreement between you, as a User/ Visitor, and the Company, regarding the Use of the Platform, and hereby supersedes and replaces/ supplants any prior agreements that we might have had betwixt us regarding thereof.
CHANGES TO PLATFORM
We absolutely and unconditionally, at our sole and exclusive discretion, without any notice/ approval/ suggestion from any User/ Visitor and/or stakeholder, reserve the right to withdraw/ amend/ alter/ change/ modify/ upgrade/ tweak our Platform. We shall not be held accountable/ liable/ responsible if, for any reason whatsoever, all or any part of Platform is unavailable at any point of time/ for any period of time, either continuously or intermittently. From time to time, the Company may, at its sole and exclusive discretion without any notice/ approval from any User/ Visitor and/or stakeholder, restrict and/ or limit Use to some parts/ portions/ sections of Platform, or the entire Platform, to Users only, including registered Users.
AMENDMENTS TO THESE TERMS
The Company may, at its sole and exclusive discretion and/ or with absolute right, amend/ alter/ change/ modify/ upgrade, in any manner whatsoever, any of the provisions/ conditions/ stipulations/ terms/ covenants enumerated here in these Terms at any point of time, without seeking/ inviting any prior notice/ permission/ approval/ suggestion from any of the Users/ Visitors/ stakeholders, by simply posting/ publishing such amended/ altered/ changed/ modified/ upgraded Terms on the Platform. It is your exclusive responsibility/ liability/ accountability to review these Terms periodically. Your Use of the Platform, after having such revised Terms been posted/ published on the Platform, shall be deemed to have always meant that you unqualifiedly and unconditionally acknowledged, agreed and duly accepted such revised/ amended Terms. You are expected to visit/ access the Platform periodically so as to keep yourself updated of such revisions, since they would have a binding force and enforceable effect on you with effect from the time you first Used our Platform, post such revision.
WAIVER AND SEVERABILITY
No waiver by the Company of any condition/ provision/ stipulation/ term set forth or posited in the Terms herein shall be deemed to be a further or continuing waiver of such condition/ stipulation/ term or a waiver of any other condition/ provision/ stipulation/ term, and any failure of the Company to assert/ affirm a right or provision/ condition/ stipulation/ term hereunder the Terms shall not comprise/ constitute a waiver of any such right or provision/ condition/ stipulation/ term.
If any provision/ condition/ stipulation/ term of these Terms is held/ pronounced by a court/ tribunal/ any other authority of competent jurisdiction to be invalid, illegal or unenforceable for any reason whatsoever, such provision/ condition/ stipulation/ term shall be eliminated or severed only to such extent of invalidity/ illegality/ unenforceability, and the remaining provision/ condition/ stipulation/ term of these Terms will continue to have full force and effect.
YOUR RELATIONSHIP WITH THE COMPANY
By virtue of these Terms, including the Use of our Platform, no joint venture, partnership, employment or agency relationship/ association shall be deemed to have been concluded or ever existed betwixt you and the Company. Neither shall you nor shall any of your agent/ partner/ employee/ assignee/ representative, if any, hold/ represent/ impersonate, in any manner whatsoever, as an agent, employee, partner or representative of the Company, failing which such person/ individual will be held liable/ accountable/ responsible in legal, financial and other terms.
HEADING & INTERPRETATION
The references provided in the headings herein are referential in nature and so to be used exclusively for convenience/ ease of reference purposes only, and shall not be deemed to have ever constituted/ comprised a part of these Terms, and shall not be deemed to have restricted or limited the gamut/ ambit of any stipulations/ conditions/ terms/ covenants posited hereof.
In case there arises any dilemma related to interpretation/ implication arising thereto, the Company hereby states, affirms and declares to the effect that it absolutely, solely and exclusively, reserves the right to interpret/ elucidate/ clarify the meaning, implication, significance and effect of any expressions/ words/ terms/ stipulations/ conditions/ terms/ covenant specified/ mentioned either expressly or impliedly under/in these Terms.
You are hereby proscribed to assign/ transfer/ convey/ delegate these Terms, and/ or any of your rights and/ or obligations specified/ arising hereunder and/ or consequential hereto, without our prior written express permission/ approval/ consent. We may, however, without restriction assign, transfer, convey or delegate these Terms and/ or any rights and obligations specified/ arising hereunder and/ or consequential hereto, on our sole and exclusive discretion.
ERROR REPORTING/ COMPLAINTS/ GRIEVANCES AND FEEDBACKS
In case you face any error/ glitch or have any complaint/ grievance in relation to Use of our Platform, you may report us directly firstname.lastname@example.org mentioning the nature of error(s) or any suggestion(s) in respect thereof. The Company may by all possible efforts, endeavour to entertain and resolve such grievance/ complaint within a reasonable time, however no assurance or warranty or likewise to be arrogated to have been given herein by the Company for such redressal.
You may also write any suggestions for improvements, ideas, and other matters related to our Platform (“Feedback”) in the e-mail provided above.
Upon receipt by the Company, such Feedback shall constitute absolute property of the Company, by virtue of you having been communicated to the Company with an intention to have assigned/ conveyed/ transferred all rights/ title/ interests to/ in such feedback(s) to the Company without any consideration in return thereof. In pursuance thereof, you hereby unconditionally and unqualifiedly acknowledge and agree that:
(i) you shall not retain, acquire or assert any kind of intellectual property right or other right, title or interest of any nature or kind in or to the Feedback;
(ii) the Company may have development ideas similar/ identical to the Feedback;
(iii) Feedback does not contain any confidential information or proprietary information of such a kind that would on such reporting to us amount to a breach/ infringement/ contravention of any nature; and
(iv) Company is not/ will not be under any kind of obligation of confidentiality with respect to the Feedback.
In case the transfer of ownership to/in the Feedback is not possible due to applicable mandatory laws, you unconditionally and absolutely grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use, in widest possible manner, (including but not limited to copy, modify, create derivative works, publish, distribute and commercialize) Feedback for any purpose whatsoever.