Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name www.patentitech.com (the “Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”). Further, the Indian Contract Act, 1872 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”) shall be applicable.

The Platform is owned by Patenti Technology Solutions (OPC) Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at No.187/34 Beretana Agrahara 18 Bengaluru Bangalore, Karnataka – 560 100 (hereinafter referred to as "Company").

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Company and these terms and conditions including the policies constitute Your binding obligations, with Company.

For the purpose of these Terms of Use, wherever the context so requires:

1. The Term "User" shall mean any natural or legal person who has agreed to avail services on the Platform by providing Registration Data while registering on the Platform as registered User using the computer systems. Company allows the User to surf the Platform or making purchases without registering on the Platform. Further, the Terms “You”, “Your” shall mean the User.
2. The Terms "We", "Us", "Our" shall mean the Company.

When You use any of the Services provided by the Company through the Website/Platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. The Company reserves the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, the Company grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Company Policies (including but not limited to Privacy Policy available at [to be hyperlinked]) as amended from time to time.

1. ELIGIBILITY

1.1 Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
1.2 As a minor, if You wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Company reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to Company's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.


2. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

2.1 If You use the Website/Platform, You shall be responsible for maintaining the confidentiality of your display name and 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 the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, the Company shall have the right to indefinitely suspend or terminate or block access of your membership on the Website/Platform and refuse to provide You with access to the Website/Platform.
2.2 Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Website/Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Website/Platform at all times. You agree to notify the Company promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one- time password verification.
2.3 You agree that Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website/Platform.
2.4 If You share or allow others to have access to Your account on the Platform, by creating separate profiles under Your account, or otherwise, they will be able to view and access Your account information. You shall be solely liable and responsible for all the activities undertaken under Your account, and any consequences therefrom.


3. COMMUNICATIONS

3.1 When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with the Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. The Company may communicate with you by email or by such other mode of communication, electronic or otherwise.

4. TECHNOLOGY PLATFORM

4.1 The Platform is a medium that provides access to a web based tool for intellectual property (including – copyright, trademark, and patent) assessment. Henceforward:

• The purpose of this Terms of Use is to set out the terms and conditions under which we provide the Service to you, via a non-exclusive and non-transferable, limited and revokable right to use the Service. The web based tool is hereby provided via a software as a service (SaaS) model to Users.
• Service Description. Our Services are cloud-hosted SaaS, which enables you to extract relevant information from the content/documentation uploaded by the User.
• Service Access. You shall have the right to access the Services through the User Account.
• Service Availability and Support. The Service is available to the you 24 hours a day, 7 days a week during the tenure of the relationship with Us and within the limits set out in this Terms of Use. Support for the Services is only available in English, via email or via our website.
Disclaimer: Pricing on any Services as is reflected on the Platform may due to some technical issue, typographical error or may be incorrectly reflected and in such an event the Company may rectify such errors and the same shall be applicable to the User.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
5. TERMS APPLICABLE ONLY TO USERS

5.1 User Account and Data Privacy

• The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
• Company may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Company’s services and to build new services.
• The Website allows Company to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you Services in a streamlined and structured manner and for obtaining feedback.
• The Privacy Policy sets out, inter-alia: (i) the type of information collected from Users, including sensitive personal data or information; (ii) the purpose, means and modes of usage of such information; (iii) how and to whom Company will disclose such information; and, (iv) other information mandated by the SPI Rules.
• The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia: (i) the fact that certain information is being collected; (ii) the purpose for which the information is being collected; (iii) the intended recipients of the information; (iv) the nature of collection and retention of the information; and (v) the name and address of the agency that is collecting the information and the agency that will retain the information; and (vi) the various rights available to such Users in respect of such information.
• Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Company or to any other person acting on behalf of Company.
• The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Company of any actual or suspected unauthorized use of the User’s account or password. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or such other parties as the case may be, due to any unauthorized use of your account.
• If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to discontinue the Services to the User at its sole discretion.
• Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
5.2 Listing Content and Disseminating Information
• The Services provided by Company are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Company does not provide or make any representation, warranty or guarantee, express or implied about the Website/Platform or the Services. Company does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Company disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website/Platform, or any opinion or suggestion given or expressed by Company or any User in relation to any User or services provided by such User.
• The Website may be linked to the website of third parties, affiliates and business partners. Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Company endorses the linked site. User may use the links and these services at User’s own risk.
• Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
• If Company determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Company reserves the right to immediately suspend your access to the Website or any of your accounts with Company and makes such declaration on the website alongside your name as determined by Company for the protection of its business and in the interests of Users. You shall be liable to indemnify Company for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Company or its Users.
5.3 Reviews and Feedback
• By using this Website/Platform, you agree that any information shared by you with will be subject to our Privacy Policy.
• You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Feedback”). The role of Company in publishing Feedback is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Company disclaims all responsibility with respect to the content of Feedback, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Company shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
• You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Company, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with these Terms. You agree that Company may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of: (i) obtaining feedback in relation to Website or Company’s services; and/or (ii) resolving any complaints, information, or queries regarding your Feedback; and you agree to provide your fullest co-operation further to such communication by Company.
5.4 User's Arrangement with Issuing Bank.

All valid credit/debit/cash card and other payment instruments are processed using the relevant payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective issuing bank and payment instrument issuing company. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide the services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between User and the respective issuing bank.

5.5 Payment Facility For Users
• The User understands that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Company to avail the Services using the payment facility, and You shall pay the transaction price through your issuing bank to the Company using payment facility.
• The User understands that the payment facility may not be available in full or in part for certain category of Services and/or transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the transactions for those Services
• Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI). Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund. Refund shall be conditional and shall be with recourse available to Company in case of any misuse by User. The Company may also request you for additional documents for verification. Refund shall be subject to User complying with Policies.
• Company reserves the right to refuse to process transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
• The User acknowledges that Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of Company.
6. TERMS APPLICABLE TO SERVICE PROVIDERS

6.1 Listing Policy

• If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Company immediately to enable Company to make the necessary amendments.
• Company shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Company, where the User has expressly or implicitly consented to the making of disclosures or publications by Company. If the User had revoked such consent under the terms of the Privacy Policy, then Company shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Company prior to its actual receipt of such revocation.
• The User hereby represents and warrants that it will use the Website/Platform in accordance with applicable law. Any contravention of applicable law as a result of its use of Website/Platform is the User’s sole responsibility, and Company accepts no liability for the same.
• From time to time, the User shall be responsible for providing information relating to the Services availed from Us. In this connection, the User undertakes that all such information shall be accurate in all respects.
• You shall not engage in advertising to, or solicitation of, other Users of the Website/Platform to avail any services, including, but not limited to, the Services related to that being displayed on the Website/Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website/Platform. It shall be a violation of these Terms of Use to use any information obtained from the Website/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 the Company without the Company’s 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 Website/Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, the Company can (and You hereby expressly authorize the Company to) disclose any information about You to law enforcement or other government officials, as the Company in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
6.2 Account Ownership and Editing Rights.

The Company ensures easy access to the Services by providing a tool to update your profile information. However, the Company takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. The User hereby represents and warrants that it is fully entitled under law to upload all content uploaded as part of its profile or otherwise while using Company’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, the Company may modify or delete parts of your profile information at its sole discretion with or without notice to You.

6.3 Usage in Promotional and Marketing Materials.

In recognition of the various offerings and services provided by Company, the User shall: (i) allow Company to include a brief description of the Services provided to User in Company’s marketing, promotional and advertising materials; (ii) allow Company to make reference to User in case studies, and related marketing materials; (iii) serve as a reference to Company’s existing and potential clients; (iv) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (v) make presentations at conferences; and/or (vi) use the User’s name and/or logo, brand images, tag lines etc., e-mailers, press releases, social media and other advertising, marketing and promotional materials of the Company.

7. USE OF THE PLATFORM

7.1 You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

• You shall not host, display, upload, modify, publish, transmit, update or share any content/ information which:
• belongs to another person and to which You does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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 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", or 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];
• promotes an illegal or unauthorized copy of another person's copyrighted work (see below for instructions on how to lodge a complaint 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 video, 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 Website/Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website/Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, Company's prior written consent means a communication coming from Company's legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
• solicits gambling or engages in any gambling activity which We, in the Company’s sole discretion, believes is or could be construed as being illegal;
• interferes with another User's use and enjoyment of the Website/Platform or any other individual's use and enjoyment of similar services;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
• 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 in nature;
• 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 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
• shall not be false, inaccurate or misleading;
• shall not, directly or indirectly, offer, attempt to offer, trade or attempt 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.
• You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/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 Website/Platform, or any other systems or networks connected to the Website/Platform or to any server, computer, network, or to any of the services offered on or through the Website/Platform, by hacking, password "mining" or any other illegitimate means.
• You shall not probe, scan or test the vulnerability of the Website/Platform or any network connected to the Website/Platform nor breach the security or authentication measures on the Website/Platform or any network connected to the Website/Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website/Platform, or any other customer, including any account on the Website/Platform not owned by You, to its source, or exploit the Website/Platform or any service or information made available or offered by or through the Website/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 Website/Platform.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Company on the Website/Platform or otherwise tarnish or dilute any 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 not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website/Platform or any transaction being conducted on the Website/Platform, or with any other person's use of the Website/Platform.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to the Company on or through the Website/Platform or any service offered on or through the Website/Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
• You may not use the Website/Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company and/or others.
• 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 Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of the Company’s service and Your listing, purchase, solicitation of offers to purchase, and sale of Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
• Solely to enable the Company to use the information You supply the Company with, so that we are not violating any rights You might have in Your Information, You agree to grant the Company 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 Website/Platform.
• The Company reserves the right, but shall have no obligation, to monitor the materials posted on the Website/Platform. 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 WEBSITE/PLATORM. Please be advised that such content posted does not necessarily reflect Company views. In no event shall 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 Website/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 libellous, tortious, or otherwise unlawful information.
• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website/Platform, including payment and delivery of related 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 of any sort incurred as the result of any such dealings or as the result of 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 Website/Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website/Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website/Platform You acknowledge and agree that the Company is not responsible for the use of any personal information that You publicly disclose or share with others on the Website/Platform. Please carefully select the type of information that You publicly disclose or share with others on the Website/Platform.
8. CONTENTS POSTED ON PLATFORM

8.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Company has no control over such third party user generated content as Company is merely an intermediary for the purposes of this Terms of Use.
8.2 Except as expressly provided in these Terms of Use, no part of the Website/Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website/Platform or other medium for publication or distribution or for any commercial enterprise, without Company's express prior written consent.
8.3 You may use information on the Services purposely made available on the Website/Platform for downloading, provided that You (i) do not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such documents.
8.4 You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website/Platform (collectively, "Content"). Such Content will become the Company’s property and You grant the Company the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy as mentioned herein, and You are not entitled to any payment or other compensation for such use.
8.5 SOME CONTENT OFFERED ON THE WEBSITE/PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE WEBSITE/PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE WEBSITE/PLATFORM.

9. PRIVACY

9.1 We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at [to be inserted]. If You object to Your Information being transferred or used in this way please do not use Platform.
9.2 We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
9.3 We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
9.4 We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
9.5 We and our affiliates will share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.


10. DISCLAIMER OF WARRANTIES AND LIABILITY

10.1 This Website/Platform, all the materials and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Company does not warrant that: (i) this Website/Platform will be constantly available, or available at all; or (ii) the information on this Website/Platform is complete, true, accurate or non-misleading.
10.2 Company will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website/Platform. Company does not warrant that this site; information, Content, materials, or services included on or otherwise made available to You through the Website/Platform; their servers; or electronic communication sent from the Company is free of viruses or other harmful components.
10.3 Nothing on Website/Platform constitutes, or is meant to constitute, advice of any kind. All the Services availed via the Website/Platform are governed by applicable laws.


11. SERVICES AVAILED FROM THE WEBSITE/PLATFORM

11.1 While availing any of the payment method/s available on the Website/Platform, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (i) lack of authorization for any transaction/s, or (ii) exceeding the pre-set limit mutually agreed by You and between bank/s, or (iii) any payment issues arising out of the transaction, or (iv) decline of transaction for any other reason(s).
11.2 All payments made against the Services on Website/Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
11.3 Further:


• Transactions, transaction price and all commercial terms such as delivery, dispatch of Services are as per principal to principal bipartite contractual obligations between User and the Company and payment facility is merely used by the User to facilitate the completion of the relevant transaction. Use of the payment facility shall not render Company liable or responsible for the non-delivery, non-receipt, non- payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Services listed on Company's Website/Platform.
• You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Company’s Website/Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing the payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price, as the case may be.
12. COMPLIANCE WITH LAWS

12.1 The User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using any payment facility and the Website/Platform.

13. INDEMNITY AND LIMITATION OF LIABLITY

13.1 Indemnity. You shall indemnify and hold harmless Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
13.2 Limitation of Liability. In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website/ Platform or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/Platform, lost business, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for: (i) provision of or failure to provide all or any Services to the Users contacted or managed through the Website/Platform; (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website/Platform; (iii) any unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the Website/Platform or the Service. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Terms of Use or the User’s use of the Website/Platform exceed, in the aggregate INR 1000/- (Indian Rupees One Thousand Only).


14. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION

14.1 Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India.
14.2 Any dispute, claim or controversy arising out of or relating to this Terms of Use, including the determination of the scope or applicability of this Terms of Use to arbitrate, or your use of the Website/Platform or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bengaluru. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute. Subject to the above, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Terms of Use, your use of the Website/Platform or the Services or the information to which it gives access.
14.3 Jurisdictional Issues. Unless otherwise specified, the material on the Website/Platform is presented solely for the purpose of sale in India. Company make no representation that materials in the Website/ Platform are appropriate or available for use in other locations/countries other than India. Those who choose to access this site from other locations/countries other than India do so on their own initiative and Company is not responsible for supply of services/refund for the services ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.


15. TRADEMARK, COPYRIGHT AND RESTRICTION
15.1 This site is controlled and operated by Company. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website/Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
15.2 Trademark complaint. Company respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Company at [to be inserted].
15.3 Service Description. Company does not warrant that Service description or other content of this Website/Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

16. MISCELLANEOUS TERMS

16.1 Equitable Relief. You acknowledge that a breach of intellectual property rights & ownership or confidentiality may cause the Company immediate and irreparable harm, for which an award of damages would not be adequate compensation and agrees that, in the event of such breach or threatened breach, the Company will be entitled to equitable relief, including in the form of orders for preliminary or permanent injunction, specific performance and any other relief that may be available from any court. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available under this Terms of Use, at law or in equity, subject to any express exclusions or limitations in this Terms of Use to the contrary.
16.2 Entire Agreement. This Terms of Use, together with all Schedules, Policies and any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties to this Terms of Use with respect to the subject matter of this Terms of Use and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
16.3 Assignment. You shall not assign or otherwise transfer any of Your rights, or delegate or otherwise transfer any of its obligations or performance, under this Terms of Use, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the Company’s prior written consent. No delegation or other transfer will relieve You of any of Your obligations or performance under this Terms of Use. Any purported assignment, delegation, or transfer in violation of this clause is void. This Terms of Use is binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
16.4 No Third-Party Beneficiaries. This Terms of Use is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Terms of Use.
16.5 Severability. If any term or provision of this Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Terms of Use so as to affect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
16.6 Force Majeure. The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.


17. CONTACT US AND GRIEVANCE OFFICER

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform through the link: [to be inserted]. In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name: Mr./Ms. [to be inserted]
Designation: [to be inserted]
Company: [to be inserted]
Address: [to be inserted]
Email: [to be inserted]
Phone: [to be inserted]
Time: [to be inserted]
Customer Support: You can reach our customer support team to address any of your queries or complaints by clicking the link, selecting your order and choosing 'Need Help' option: [to be inserted]

POLICIES

1. Profanity Policy

Company prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within all its pages and all other areas of the Website/Platform that another User may view. If the profane words are part of a title for the item being sold, we will automatically 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***). Please report any violations of this policy to the correct area for review: (i) report offensive display names; (ii) report offensive language in a listing or otherwise. If a feedback comment; or any communication made between Users on the Website/Platform; or email communication between Users in relation to transactions conducted on Website/Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal. Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. Company will consider the circumstances of an alleged policy violation and the user's trading records before taking action. Violations of this policy may result in a range of actions, including: (i) limits placed on account privileges; (ii) loss of special status; (iii) account suspension. Company shall have the right to delete a Service review posted by the User at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Company shall also, at its sole discretion have the right to blacklist the User from posting any further reviews.

2. Reimbursement Policy

The Reimbursement Policy seeks to assist Users who have not been provided Services on the Website/Platform post payment, as the cased may be. If Company has suspicion or knowledge, that any of its Users are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Company may while reserving its rights to initiate civil and/or criminal proceedings against User, may also at its sole discretion suspend, block, restrict, cancel the display name of such User and /or disqualify that User and any related Users from availing protection through this Reimbursement Policy.

3. Disputes (Resolutions) Policy

Overview. Generally, transactions are conducted smoothly on the Company’s Website/Platform. However there may be some cases where both the Users and the Company may face issues. The Company has a Dispute Resolution process in order to resolve disputes.

What is a 'dispute'? A 'Dispute' can be defined as a disagreement between a User and the Company in connection with any Services on the Website/Platform.

How does a 'dispute' occur on the Website/Platform? Disputes are filed as a result of a disagreement between the User and the Company. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. It is important that before a User raises a dispute, they should attempt to solve the issue.

How is a 'dispute' created? Whenever there is a disagreement, the User can contact us through this link [to be inserted], in order to raise a dispute. Disputes can be raised at a particular transaction level.

User Protection Program. In case of a dispute where we are unable to provide a refund or a reimbursement, the Company will actively work towards reaching a resolution. The User can contact us through this link [to be inserted] if the issue is not resolved. Company's customer support (CS) team will look into the case to check for possible fraud and if the User has been blacklisted/blocked from making purchases on the Website/Platform. Only after verifying these facts, a dispute can be registered.

User Eligibility and Restrictions. Only the Users who have availed Services on Company’s Website/Platform are eligible for the User Protection Program. Users can file a dispute within 15 days from the date of availing the Service.Blacklisted and Blocked Users are not covered by the User Protection Program. Through the User Protection program, Company does not provide any guarantee/warranty to Users for Services availed on Company’s Website/Platform. Raising disputes does not automatically entitle the User to a refund for Services availed. Company shall verify the disputes so raised and may process only such claims that are valid and genuine. Company shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any User. Company reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Company may at its sole discretion suspend, block, restrict, cancel the display name of such User and/or disqualify that user and any related users from availing protection through this program. Decisions made by Company under the User Protection Program shall be final and binding on its Users. Company reserves the right to modify/discontinue User Protection Program without any prior notice period to its Users. Company Customer Support Team may seek additional information/clarification from User to facilitate resolution of the dispute. In the event User does not respond with information/clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Company.

4. Email Abuse and Threat Policy

Private communication, including email correspondence, is not regulated by Company. Company encourages its Users to be professional, courteous and respectful when communicating by email. However, Company will investigate and can take action on certain types of unwanted emails that violate Company policies. Such instances:

• Threats of Bodily Harm - Company does not permit Users to send explicit threats of bodily harm.
• Misuse of Company System - Company allows Users to facilitate transactions through the Company system, but will investigate any misuse of this service.
• Spoof (Fake) email - Company will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to the Company through 'Contact Us' tab.
• Spam (Unsolicited Commercial email) - Company's spam policy applies only to unsolicited commercial messages sent by Company Users. Company Users are not allowed to send spam messages to other Users.
• Offers to Buy or Sell Outside of Company - Company prohibits email offers to avail listed Services outside of the Company Website/Platform. Offers of this nature are a potential fraud risk for both Users and the Company.
Company policy prohibits user-to-user threats of physical harm via any method including, phone, email and on the Website/Platform.
Violations of this policy may result in a range of actions, including: (i) limits on account privileges; (ii) account suspension; (iii) cancellation of listings.
Other Businesses. Company does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to affiliates and/or third party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third party platforms of certain other businesses for which, Company assumes no responsibility for examining or evaluating the products and services offered by them. Company does not warrant the offerings of, any of these businesses or individuals or the content of such third party platform(s). Company does not endorse, in any way, any third party platform(s) or content thereof.