TERMS AND CONDITIONS
By accessing this website / portal / platform: Tecblic (www.tecblic.com), and any other website, portal, sub-domain or application of the Company as may be launched from time to time (hereinafter referred to as "Website", "Platform" and/or "Application", which shall mean and be used interchangeably having the same meaning), is developed, operated and maintained by Tecblic Private Limited ("The Company"), a company, having registered office510/511 Shivalik Shilp2, Opp. ITC Narmada, Judges Bunglow Road, Ahmedabad, Gujarat - 380015, you agree to be legally bound by following terms and conditions and other incidental or related aspects for use.
Before you use the platform, you must read all of the terms and conditions (''Terms") herein and the Privacy Policy provided on the Website. Please also refer the additional legal information as may be applicable to you. You must be at least [18] years of age to use our platform / website; by using our platform and agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age; Audience less than 18 years of age should register with credentials of Parent(s) and/or Legal Guardian. Platform shall not be responsible to validate and authenticate your age, however, platform reserves the right to optionally / randomly conduct checks to verify the correctness of legal age of your's / your legal guardian's age registering on platform on your behalf.
"we", "our" and "us" means "the company"; "you", "user" and "your" means any person and/or the institutions / organizations etc., but not limited to, who accesses and uses this Platform along with updating their users on this platform;
It is strongly recommended to you to visit this page periodically to review the most current version of the Terms and Conditions. The company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this platform signifies your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the platform in any way, you should immediately terminate use of the platform.
PART A: GENERAL TERMS AND CONDITIONS OF USE
This Terms and Conditions is an Electronic Record published in terms of Information Technology Act, 2000 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 issued under the aforesaid Act.
Before you further use this Platform, you must read all of the terms and conditions specified (all sections of this Platform including but not limited to the General Terms and Conditions of Use, the Special and Additional Terms and Conditions of use and Privacy Policy provided on this Platform) collectively hereinafter referred to as the Agreement.
By using these Products, Software, Services and the Platform (hereinafter referred to as Services), you hereby confirm to having accepted the Agreement, with immediate effect.
If you do not agree to the aforesaid paragraph, please do not proceed to further on this Platform.
If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.
A. GENERAL
To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts at Ahmedabad shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Headings are for reference purposes only and do not limit the scope or extent of such section.
The failure of the company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The company does not guarantee it will take action against all breaches of this Agreement.
Except as otherwise expressly provided in this Agreement there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and the company and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the company with respect to the Platform and/or the Services.
B. DESCRIPTION OF SERVICES / PURPOSE:
Tecblic is a software and product engineering company that provides, inter alia, website design and development, mobile application development, enterprise and IoT solutions, artificial intelligence and machine learning solutions, data engineering and analytics, blockchain development, digital marketing and related consulting services (collectively, the "Services"). The Platform provides information regarding the Company’s Services, solutions, case studies and offerings, and enables prospective and existing clients to request consultations, submit enquiries, and engage the Company for the provision of the Services on terms to be separately agreed in a statement of work, service agreement, or engagement letter (each, an "SOW") executed between the User/client and the Company. Where any conflict arises between the terms of this Agreement and an executed SOW, the SOW shall prevail solely in respect of the specific engagement to which it relates.
The User shall be bound by the Terms of Use and all copyright policies and other applicable laws for any purpose regardless of whether the User is availing any paid services or not. Content hosted on the platform is licensed, and not sold to the User. Company reserves the right to introduce additional terms in future as may be mandated by compliant authorities and/or otherwise. User may use company's Applications /portal only on Supported Devices (as may be conveyed from time to time by company) that are compatible with the software. To access the application, User may be required to download, install and run certain software, and updates and upgrades thereto, owned or controlled by company and/or its service provider(s). Such software shall be governed by the accompanying software or end-user license agreement, and User shall comply with the terms thereof, the terms of which are incorporated herein.
While using and accessing this platform, user provides consent to store various information of user like login information, name, address, email, phone number, user's option to register through Gmail/Facebook, geographical location etc. User understands that some or all of these may be specified under personal information and user unconditionally provides Company their consent to store, use, process, transmit etc., this information. Additionally, user provides consent to company allowing company to use various analytics tools like google / web analytics etc., over such data of user. Company further collects and stores other information that may include, users name, number, email etc., but not limited to, to which user completely provides their consent hereof.
In course of providing user-friendly and hassle-free service/experience to the user and to provide end services, the company may be using third-party services. In such case, direct or indirect integrations will be made with such associated third-party service providers to render certain services.
Any data provided by you shall be used preliminary for this purpose or any other purpose connected to fulfill the above purpose or to enhance the user experience.
C. DISCLAIMER – INFORMATIONAL PURPOSE ONLY:
The information provided on the Platform, including but not limited to descriptions of the Company’s Services, case studies, blogs, technology capabilities and product offerings, is intended solely for general informational and marketing purposes. Such information shall not be construed as, nor is it intended to constitute, technical, legal, financial, or professional advice of any kind, and shall not be relied upon as a substitute for a formal proposal, SOW, or professional consultation with the Company.
Users are expressly advised to obtain a formal proposal, quotation, or SOW from the Company, and/or to consult the Company directly, before making any business, technical, or investment decision based upon information obtained through the Platform. The Company expressly disclaims any and all liability arising out of or in connection with any reliance placed by any user on the general information, descriptions, or content made available through the Platform in the absence of a duly executed SOW.
D. THIRD-PARTY TOOLS, INTEGRATIONS AND LINKED SERVICES:
In the course of designing, developing, or delivering the Services, the Company may use, integrate, or recommend third-party software, cloud infrastructure, APIs, open-source components, plug-ins, or platforms (collectively, "Third-Party Tools"), and the Platform may contain links, references, or redirections to such Third-Party Tools or to other third-party websites (collectively, "Third-Party Platforms"). The Company does not own, operate, manage, or control any such Third-Party Platforms and does not warrant the availability, security, or performance thereof.
Upon redirection to, or use of, a Third-Party Platform, the user’s access to and use of that Third-Party Platform shall be solely governed by the terms and conditions and privacy policy of the respective Third-Party Platform. The Company makes no representations or warranties with respect to the accuracy, quality, security, availability, pricing, or legality of any Third-Party Tools or Third-Party Platforms.
The Company expressly disclaims any and all liability, whether direct, indirect, incidental, consequential, or otherwise, arising out of or in connection with any transaction, interaction, malfunction, downtime, or dispute involving any Third-Party Tool or Third-Party Platform. Users are strongly advised to review the terms and conditions and privacy policies of any Third-Party Platform before sharing any personal or confidential information thereon.
E. REGISTRATION:
Registration with the Platform is by way of creating user ID. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you as well as for authentication of all documents uploaded by you at the time of registration with the Platform and afterwards.
You hereby agree that the company may contact you either electronically, through phone or through its online and offline centers or associates, to understand your interest in the selected products and services and to fulfill your demand. You also agree that the company /the platform reserves the right to make your details available to its partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone, SMS and/or any other mode of communication.
You hereby specifically grant a consent to receive, Transactional or Service Explicit/Implicit communications, promotional materials and/or special offers from the company through email, SMS and/or any other mode of communication.
F. PROPRIETARY RIGHTS:
You acknowledge and agree that the company owns all legal rights, titles and interests in and to the Platform and the Services offered herein, including any intellectual property rights which subsist in the Platform, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). All the content displayed on the application is the sole property and is in the exclusive right, title and ownership of the Company. The copyright exists in the content on the Site as well as the Site itself is and shall always remain in the sole custody, possession, control and ownership of the Company. Copyright for this purpose includes registered as well as any unregistered copyright. You further acknowledge that the Platform/Services may contain information which is designated confidential by the company and that you shall not disclose such information without the company's prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform and/or the Services.
The trademarks, logos, designs and service marks ("Marks") displayed on this Site are the property of the Company and shall always remain the sole property of the Company. Trademarks and domain name of the Site also vests with the Company. Trade marks that have been applied for registration and the unregistered trademarks shall also be the sole property of the Company. You do not have the right to use any of the company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Platform. You will not copy or transmit any of the Services, components of service, data, details or information. You are strictly prohibited to modify, copy, alter, change, distribute, display, publish, transform, transfigure and/or mutate any part of the Platform and/or the Services outside the platform and/or in any manner apart from the one permissible on the platform from time to time.
Company's websites (current as well as any other launches of future) respect the intellectual property rights of our users, Content Providers, organizations, institutes, publications and other third parties and expects our users to do the same when using the Services.
G. PLATFORM ACCESS / USAGE OF THE PLATFORM:
The company grants you a limited access and make use of the Platform, the Products/Services offered purely for personal, non-commercial purposes only.
This access does not include any copying of any kind of information or in any forms such as extract or reformatted for the benefit of another individual, vendor or any other third party who have not subscribed for the platform's services; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party) outside the application; uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the company's sole discretion) an unreasonable or disproportionately large load on the company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not bypass any measures used by the company to prevent or restrict access to the Platform and/or the Services. Any unauthorized use by you shall terminate the permission or the limited license granted to you by the company and shall entail charges of compensation to be paid by you as may be determined by the company.
By using the Platform, you (user) agree not to:
Use this Platform or its contents for any purpose other than as defined in the Platform;
Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
Access, monitor or copy any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
Violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Platform;
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
Deep link to any portion of this Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
"Frame", "Mirror" or otherwise incorporate any part of this Platform into any other Platform without our prior written authorization.
Use, post etc., any content which is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
Is harmful to child and/or impersonates any other person
Infringes any patents, trademarks, copyrights, Proprietary rights and /or violates any law for the time being in force
Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact
Threatens the unity, integrity, defense, 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 other nation
Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
Breach any restrictions, guidelines that may be imposed by competent authorities from time to time
Remove any proprietary notices or labels on the Site or Site Content.
Use the Site, Site Content or Service, or any portion thereof, for any purposes which are unlawful in any nation or jurisdiction in the world or for any commercial purpose whatsoever.
Use the Site, Site Content or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction
H. YOUR ACCOUNT
You represent and warrant that you/ user on whose behalf this account is being created /to be created and used (Parent or Legal Guardian; shall be jointly, severally and interchangeably used as "You", "Your" etc.), are of legal age and not a minor, competent to contract, having a sound mind, and under no coercion or undue influence of any person or substance or incapacitated in any manner whatsoever to form a binding contract and are not a competitor of the company or in any way or manner associated with competitor or potential competitor or a person barred from receiving the Services offered by the company under the laws of India or other applicable jurisdiction. You will use the Platform to make legitimate use for you or for any another person for whom you are legally authorized to act (and will inform such other persons about the Agreement and/or Privacy Policy) that apply to the use of the Platform and the Services on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as required by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the company has the right to refuse and/or deny access of any and all existing or future use by you of the Platform (or any portion thereof).
Notwithstanding the above, the company retains the right at its sole discretion to deny access to anyone to the Platform and/or the Services it offers, at any time and for any reason, including, but not limited to, for violation of the Agreement or Privacy Policy or any other policy that maybe in force with or without reason.
User shall be responsible for creation and saving of their own user Id and password (Strong password containing alpha numeric usage along with special character should be used) and company recommends the same to be changed at regular periodic intervals.
I. DIGITAL PERSONAL DATA PROTECTION (DPDP) AND CONSENT:
In compliance with the Digital Personal Data Protection Act, 2023 ("DPDP Act") and the rules framed thereunder, the Company is committed to processing the personal data of users in a lawful, transparent, and purpose-limited manner.
(i) Consent as Basis of Processing: The Company shall collect, store, use, process, and share the personal data of users solely on the basis of free, specific, informed, and unambiguous consent obtained from the user prior to or at the time of such collection. By registering on and using the Platform, you hereby expressly consent to the collection and processing of your personal data as described herein and in the Privacy Policy of the Company. You acknowledge that you have been provided with a clear and intelligible notice regarding the purpose of data collection prior to granting such consent.
(ii) Purpose Limitation: Personal data collected by the Company shall be processed only for the specific purposes for which it has been collected, as communicated to the user at the time of collection. Such purposes shall include but not be limited to account creation and management, provision of the Application's services, personalization of user experience, product scanning and analysis, recommendation of alternative products, compliance with applicable law, and for purposes incidental or ancillary thereto.
(iii) Rights of the Data Principal: In accordance with the DPDP Act, users (as Data Principals) are entitled to the following rights with respect to their personal data:
The right to obtain information about the personal data being processed and the purposes thereof;
The right to correction and erasure of inaccurate, incomplete, or outdated personal data;
The right to nominate another individual to exercise rights in the event of the user's death or incapacity;
The right to withdraw consent at any time, provided that such withdrawal shall not affect the legality of processing carried out prior to such withdrawal; and
The right to grievance redressal as set out in the grievance mechanism established by the Company.
(iv) Withdrawal of Consent: You may, at any time, withdraw your consent for the processing of your personal data by writing to the Company at the contact details specified in the Contact Us / Support segment of the Platform. Upon receipt of such request, the Company shall cease processing your personal data, subject to its obligations under applicable law and the retention requirements mandated thereunder. It is clarified that withdrawal of consent may result in the inability of the Company to provide certain Services or features of the Application.
(v) Data Retention: The Company shall retain personal data only for so long as is necessary to fulfill the purposes for which it was collected, or as required by applicable law, whichever is longer. Upon the expiry of the applicable retention period, personal data shall be deleted or anonymized in a secure manner.
(vi) Data Fiduciary Obligations: The Company, acting as the Data Fiduciary under the DPDP Act, shall ensure the completeness, accuracy, and consistency of personal data processed by it and shall implement reasonable security safeguards to prevent personal data breaches. In the event of a personal data breach, the Company shall notify the Board and affected Data Principals in accordance with the provisions of the DPDP Act.
(vii) Cross-Border Data Transfers: To the extent that personal data is transferred outside the territory of India, such transfers shall be conducted in compliance with the applicable provisions of the DPDP Act and any rules or restrictions notified by the Central Government in this regard.
(viii) Children's Data: The Company shall not knowingly process the personal data of a child (i.e., a person below the age of eighteen years) without obtaining verifiable parental or guardian consent, in accordance with the provisions of the DPDP Act. The Platform is not directed at children, and users below the age of eighteen must register through and with the consent of their parent or legal guardian.
(ix) Data Processor Obligations: Where the Company processes personal data of a client’s customers, employees, or other data principals on the client’s behalf and pursuant to its instructions, in the course of rendering the Services (e.g., software development, hosting, data engineering, or analytics engagements), the Company shall act as a Data Processor/service provider, and shall process such personal data strictly in accordance with the written instructions of the client (as Data Fiduciary), the terms of the applicable SOW or data processing agreement, and the DPDP Act, and shall implement reasonable technical and organisational security safeguards to protect such personal data against unauthorised access, use, or disclosure.
J. LOCAL LAWS
The company controls and operates this Platform from its headquarters in Ahmedabad (Gujarat), India and makes no representation that the Services offered on the Platform are appropriate or available for use in other locations or jurisdictions. If you use this Platform from other locations/jurisdiction, you are responsible for compliance with applicable local laws (including the taxation aspect, Fiscal and Economic Laws) and regulations including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Platform are solely directed to individuals, companies or other entities interested to getting on boarded onto platform for the services as may be enlisted therein from time to time. By agreeing to these terms and conditions of use, you confirm and undertake that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as more specifically set out herein and/or in Part B (Special and Additional Terms and Conditions) as the case maybe.
K. SUBMITTED CONTENT
The company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials ("Materials") of any kind made available by you through the Platform. At the company's sole discretion, such Materials may be included in the Services in whole or in part or in a modified form. With respect to such Materials, you submit or make available for inclusion on the Platform, you grant the company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials or any part thereof (as well as use the name that you submit in connection with such submitted content) unless specially agreed otherwise by the company.
You hereby represent, warrant and covenant that any Material you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. In case any liability arises on the company then you shall be solely liable and shall indemnify the company. We take no responsibility and assume no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for genuineness, veracity and authentication of the Material and content you submit.
You are prohibited from posting or transmitting, including but not limited to the following, to or from this Platform:
Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services) unless specifically required by the company;
Any unauthenticated or manipulated data (in any form) leading to forgery or business deal failures.
Any noncompliance/breach/infringement of the above shall entitle the company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.
L. LIMITATION OF LIABILITY
The company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers (hereinafter referred to "The company's Associates") will not be responsible or liable for:
(a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
any failure or delay (including without limitation the use of or inability to use any component of the Platform), or
any use of the Platform or content or Services, or
the performance or non-performance by us or the company's Associates, even if we have been advised of the possibility of damages to such parties or any other party, or
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
user content or the defamatory, offensive, or illegal conduct of any third party
(b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service/content from the Platform.
(c) any unanticipated, unforeseen damages, risk and/or claims that may arise due to usage of this platform
In no event shall company, its affiliates, directors, employees, advisors, service providers and/or licensors etc., be liable to user for any claims, proceedings, liabilities, obligations, damages, losses and/or costs in an amount exceeding the amount user / client has paid to company hereunder.
M. INDEMNITY
You agree to indemnify, release and hold harmless the company and the company's Associates, employees, advisors, third party service providers from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to breach of this Agreement, violation of any law or the rights of a third party, or use of the Platform/Services.
N. ELECTRONIC COMMUNICATION
When you use the Platform, you are communicating with the company electronically. You consent to receive communications from the company electronically. The company may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to visit our terms and condition & Privacy policy on company's website periodically (at least once in a year) and in case you do not agree to the same, kindly cease the usage of the platform immediately.
O. BLOGS
The Company may post blogs on its Platform, which may be written by the Company or its contributing authors. The Company Blogs and their contents are made available for informational and educational purposes only, and do not provide any legal, business, professional or tax advice. You agree and understand that your use of the company's Blogs does not create an attorney-client relationship, and the contents of the company's Blogs do not constitute legal advice. Information provided through Blogs may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. The company and all contributing authors to Blogs expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of Blogs, and you agree that by visiting and viewing Blogs, the company, the company's Associates and the contributing authors to Blogs are not liable or responsible for the contents of the blogs.
The information provided and comments posted in Blogs are exclusively the personal views of the authors, unless otherwise attributed. Information and comments provided through Blogs do not necessarily represent the views of the company or Blog editors and should not be attributed to them unless expressly indicated. The posting of an item on Blogs does not mean that the company or Blog editors approve or disapprove of the selection or contents of that item.
No articles on the Blog may be reproduced without the express written permission of the company. To obtain a permission to reproduce the article and/or in case of any queries pertaining to functioning of the platform, kindly write to the email id as may be mentioned in Contact Us / Support Segment of Platform, from time to time.
P. LINKS AND BROWSER EXTENSION
The Platform or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. As the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such third party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third party content, advertisements, products or other materials on or available from such third party sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such third party site or resource. Company reserves the rights to store and process the browsing history as may be required for internal analysis purposes.
R. ACCESS TO PASSWORD PROTECTED / SECURE AREAS
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.
S. MODIFICATION AND NOTIFICATION OF CHANGES
The company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, this Agreement (all sections) and the Privacy Policy at any time. If the company makes a material modification to this Agreement, you are advised to refer this Agreement from time to time. If you choose to continue using the Platform, you agree that by doing so you will be deemed to accept the Agreement.
T. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
U. YOUR TELEPHONE CALLS
Telephone calls that you make to our customer service help line on the numbers mentioned in the Contact Us section of the Platform or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our services to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the Contact Us section of the Platform. Your telecom provider will charge you at local rates for calls made to non-toll-free numbers. Any solicitation talks shall not be entertained and you as a user of the Platform are bound to maintain the dignity as a tele-talker. All rules and regulations as applicable to telephone calls/Tele Talks in this regard shall apply and you as a user are bound to comply with the same.
V. FEEDBACK
Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future the company programs. Please do not reveal trade secrets or other confidential information in your messages to the company. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Platform to the extent possible.
W. ADDITIONAL TERMS AND CONDITIONS ON CERTAIN SECTIONS OF THE SITE
In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Platform for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/sections. By accessing these categories/ sections, you agree to be bound by any such special and additional terms and conditions. In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence.
PART B: SPECIAL AND ADDITIONAL TERMS AND CONDITIONS
[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to a service applicant. In Case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.]
All registered users shall ensure compliance with the following terms and conditions at all times through the Platform of the company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires):
PLATFORM ENGAGEMENT, TESTIMONIALS AND REFERRAL POLICY
To maintain fairness and prevent misuse of the Platform, the following rules shall apply to all registered users in relation to enquiries, testimonials, content submission, and referrals made through the Platform:
1. Enquiry Submission
Users may submit an unlimited number of enquiries or consultation requests through the Platform.
Submission of an enquiry does not obligate the Company to accept the same, and does not, by itself, create any engagement, contractual relationship, or obligation on the part of the Company.
Duplicate or repeated enquiries in respect of the same requirement shall be consolidated and addressed by the Company at its discretion.
All engagements shall be formalised only upon execution of a separate SOW, service agreement, or written confirmation by the Company.
2. Client Testimonials and Reviews
Users/clients may submit testimonials, feedback, or reviews regarding the Services from time to time.
The Company reserves the right, but not the obligation, to feature, publish, or reproduce such testimonials on the Platform or in its marketing materials, with appropriate attribution.
Testimonials and reviews shall be subject to verification by the Company prior to publication.
The Company may edit testimonials for length, clarity, or grammar without altering their substantive meaning, and may decline to publish any testimonial at its sole discretion.
Fraudulent, defamatory, or misleading reviews shall not be published and may be removed by the Company at any time.
3. Content and Data Submission
Users/clients may submit content, data, specifications, or other materials to the Company for the purpose of availing the Services.
There shall be no limit on the volume of content or data that may be submitted, subject to the terms of the applicable SOW.
Only accurate, complete, and lawfully owned content and data shall be accepted by the Company for use in connection with the Services, in accordance with the Company’s applicable policies, where relevant,
CONFIDENTIALITY
The provisions of this Section are in addition to the provisions of the Privacy Policy required to be accepted by the user. All information shared by the user as a registered account holder with the Platform and/or the company shall deem to be confidential information and the Platform has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected.
However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality of the same as per the applicable laws and shall be liable in case of any breach.
The Platform shall have the right to share the user information with the 3rd parties, service provider, regulatory and/or statutory authorities and/or any other agency as maybe required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need to know basis.
All information shared by third parties with the user on the Platform shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the user's end leading to any third party claims on the user, the company and/or the Platform shall be handled and settled by the user at its own cost and expense and the company shall not be responsible or liable for the same.
INDEMNITY
A breach or noncompliance of these Special Terms and Conditions by the user can cause severe and irreparable loss and damage to the company, the Platform and/or a third party. The company and the Platform reserve their right to recover all losses, costs and expenses incurred in case the users breaches or fails to comply with any of the provisions of this Part B.
DISPUTE RESOLUTION
Amicable Settlement
If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use, Part A, B and Disclaimers) the disputing Parties hereto shall endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.
Arbitration
If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.
The arbitration shall be conducted and managed by the Arbitration and Conciliation Act 1996 as amended by the Arbitration and Conciliation (Amendment) Act 2015 as in force. All disputes and questions whatsoever which shall arise either during the currency of this Agreement or afterwards, between the Parties concerning this Agreement to a single Arbitrator in case the Parties agree upon one. Otherwise each party will appoint one Arbitrator within fifteen (15) days and both the arbitrators shall jointly appoint the presiding arbitrator within a period of ten (10) days. The panel of the three arbitrators shall attempt to resolve the Dispute within a period of thirty (30) business days from reference. The decision of the arbitrators shall be final and binding on the Parties.
The place of arbitration shall be Ahmedabad (India) and all arbitration proceedings shall be conducted in the English language. Judgment upon any arbitral award rendered hereunder may be entered in court, having the above jurisdiction at Ahmedabad, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
The Courts at Ahmedabad, India shall have sole and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing interpretation of these arbitration provisions.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a ZERO COMPLAIN (from any jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein.
GOVERNING LAWS AND JURISDICTION
This Agreement (Terms of Use-including part A and B) and the relationship between you and the company will be governed by the laws of India without regard to its conflict of law provisions. Subject to the above, the courts located in Ahmedabad (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a Zero Complain/ Zero FIR (from any Jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein and/or in the Special and Additional Terms and Conditions as the case maybe.
WARRANTIES
The company reserves the right to discontinue or alter any or all of website services, and to stop publishing website, at any time at company's sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
No warranty: The company sites, services, and software are provided "as is," with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The company disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the solutions & services, including information or advice obtained through the company.
Other than as expressly set out in these terms or additional, in no event shall Company, its officers, directors, employees, advisors, vendors, service providers and/ or agents, be liable to the user for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from users access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via the Company's client, whether based on warranty, contract, tort, or any other legal theory, and whether or not company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy.
Although the Application may link to other websites ("External Sites"), company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless otherwise specifically stated herein. By accessing company's portal/application/website, User acknowledge and agree that company has not reviewed the External Sites and is not responsible for the content contained on any External Site. User access and use of any External Site is at Users own risk, damages and consequences.
TERMINATION
In addition to any other rights of the parties set forth herein, Company may in its sole discretion, restrict, suspend or terminate User access to the Content and Service, in whole or in part and without notice, even if the end client / customer continues to offer access to the services of portal Content and Service to its other members or representatives. If User terminates User access to the Application and/or Service based on a breach of any portion of these Terms, Company reserves the right to refuse to provide other services to User in the future, even if User subscribes to such services and offers the benefits of such subscription to its other members or representatives.
FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
You hereby accept the above Special and Additional Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the company, the Platform and/or its representatives to take necessary action against me/us. You hereby declare that you are of major age and an individual or an entity legally capable and compatible to enter into this Agreement / contract.
You hereby confirm by clicking on "I Accept" [ ] for having read and understood the Agreement (Terms of Use, all sections - Part A & Part B, Privacy Policy, Refund Policy and Disclaimers, are construed to make total and complete agreement) and accept the same in its entirety. You agree to be bound by all the provisions and sections of this Agreement (as applicable to you). Any breach, violation or non-compliance of the same shall entitle the Company, its representative and/or the Platform to take necessary action including legal action against me/us.
You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.
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