Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms").1. General:
1. RankUpturn (hereinafter referred to as or “Service” or “Platform”) is developed and operated by Appsplug Software India Pvt. Ltd. (hereinafter referred to as “Company”) having its office at 715A, 7th Floor, Suite No. 180, Spencer Plaza, Mount Road, Anna Salai, Chennai, Tamil Nadu, India 600002.
2. By subscribing to or using the Platform, you agree that you have read, understood and are bound by the Terms of Service [hereinafter referred to as “Terms”], regardless of how you subscribe to or use the services. If you do not agree to the Terms, you must not subscribe to or use our services.
3. You must be at least 18 years old and capable of entering into a binding contract in your jurisdiction to register as a member or use the Services. If you are under 18 years of age, you must obtain the prior consent of your parent or legal guardian, as well as the respective class teacher/admin in order to use the Services. By using the Service, you represent and warrant that you have the right, authority, competency and capacity, or the consent of your parent or legal guardian and the respective class teacher/admin, to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.
4. At the time of registering for use or using our service the user may be asked to enter the user’s name, the user’s age, gender, e-mail address, phone number or other information.
5. Certain sections or pages of the Platform may contain additional terms of service. In the event of any conflict, the additional terms of service will govern for those sections or pages.
6. In these Terms, references to:
1.6.1.Commercial/contractual terms shall include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services.
1.6.2."we", "us" and "our" shall mean Company, its franchisees, affiliates or partners.
1.6.3.“Listing”, shall mean any Independent third party Service Providers or Seller who in their individual capacity list the information/service.
1.6.4.“User” shall mean and include all those who access and utilize the Platform and/or the Services.
1.6.5.“User Account” or “Your Account” shall mean your user account created in the Platform.
1.6.6.“Paid Subscriber” shall mean any user who has subscribed to or purchased any plan available on the Platform for the respective subscription fees as indicated on the Platform.
1.6.7.“Associated User Account” shall mean any user account which is created under your user account or created by the Paid Subscriber.
1.6.8.“Associated User” shall mean any user to whom you or your entity provided the access credits (username and password) to access or use the Platform under your subscribed account.
1.6.9.“Student” shall mean any user who has been registered, subscribed, created or assigned to the role as student under your user account or classroom with the Platform.
1.6.10.“Teacher” shall mean any user who has been registered, subscribed, created or assigned to the role as Teacher in the Platform.
1.6.11.“Classroom” shall mean the virtual classroom which allows limited teachers and students who has the privileges to create, maintain, modify, remove, access or use the classroom resources.
1.6.12.“Classroom Admin” shall mean any teacher who has been assigned to an additional role as Admin for the corresponding classroom. Classroom admin can add, remove or block the students access to the corresponding classroom for which the student has been associated. In addition, classroom admin has the privilege to securely generate new or update existing login credentials for the students of the corresponding classroom.
1.6.13.“Curriculum” shall mean the set or sequence of learning objectives for a specific course or program.
1.6.14.“Curriculum Admin” shall mean the teacher or user who has the privilege to create, add, modify, delete and update the set of curriculum objectives and/or align (linking) the learning resources. In addition, such user can assign or remove the curriculum to the corresponding classrooms.
1.6.15.“School” shall mean the virtual school which allows limited teachers and students who has the privileges to create, maintain, modify, remove, access or use the school resources on the Platform.
1.6.16.“School Principal” shall mean the user who has been registered, subscribed, created or assigned to the role as school principal under the corresponding school account with the Platform.
1.6.17.“School Admin” shall mean the user who has been assigned to the role as school admin under the school account with the Platform. School admin can add and/or remove the classrooms, teachers and students under the corresponding school account; add, remove and/or block the teachers and students access to the school and classroom under the corresponding school account with the Platform.
1.6.18.“School user” shall mean any user who is registered, subscribed, created or assigned, including all corresponding teacher and student accounts under the school account with the Platform.
1.6.19.“School District” shall mean the virtual school district which allows limited schools, principals, teachers and students who has the privileges to create, maintain, modify, remove, access or use the school district resources on the Platform.
1.6.20.“District Education Officer” or “School Superintendent” shall mean the user who has been registered, subscribed, created or assigned to the role as District Education Officer or Superintendent of Schools with the Platform.
1.6.21.“School District Admin” shall mean the user who has been registered or assigned to the role as school district admin under the corresponding School District account with the Platform. School admin can add, remove and/or block the schools under the corresponding school district account; add, remove and/or block the corresponding school district users access to the corresponding school district.
1.6.22.“School District User” shall mean any user who is registered or created including all school and user accounts under the corresponding school district account.
1.6.23.“Guest User” shall mean any user who is not associated with any classroom, school or school district accounts with the Platform, and accessing or using our publicly available resources including but not limited to worksheets, challenges, calculators, instant solvers, school finders, communication interfaces and other materials of the Platform.2. Services Offered:
RankUpturn is a Learning Management System to automate entire classroom & curriculum activities, to help traditional educational institutes scale-up digital transformation journey to always stay informed of real-time performance trends, systematically amplify the personalized learning, automate the content delivery and validation, find and fix performance gaps in real time and reuse the resources to ensure the exceptional teaching and learning experience at all times. Its Services include but are not limited to website, mobile apps, downloadable software, functionalities, calculators, tools, worksheets, challenges, collaboration module, email and SMS communications modules, logo, text and graphical content, user interfaces, forms, widgets, desktop applications, information, e-commerce services, trademarks, and intellectual property of application, services, software and support. The rights, title and interest in the Services, information, content, data, software, copyrights, trademarks, and other rights are the property of the Company, its affiliates or partners.3. Platform System Requirements:
1. Platform's services shall be availed by person(s) who have created a User Account on the Platform.
2. In order to use the Platform, the User is required to have a compatible internet access and the necessary minimum specifications.
3. The version of the Platform may be upgraded from time to time to add support for new functions, software or Services.
4. The user shall accept and agree that the Company shall not be responsible for any electronic or mechanical defect, data failure or corruption, viruses and bugs or related problems that may be attributable to the User's telecommunication equipment and/or the Services provided by any third party.4. Eligibility:
The user shall not, now or in the future, be in violation of any terms and or any active suspension in force by the Platform. The Platform may, at its sole discretion, deny any user registration if the Platform is not satisfied with the information and KYC documents furnished by the user at any time.5. No Guarantee of Business or Fitness for a Purpose:
1. Company disclaims all implied warranties and similar obligations including but not limited to those of fitness for a particular purpose, merchantability, free from error or omission, whether otherwise arising by law, custom, usage, trade practice, course of dealing, or course of performance. There are no warranties, which extend beyond those express warranties contained herein.
2. User affirms that it has not relied upon Company’s skill nor judgment to select or furnish the Goods/Service for any particular purpose beyond the specific express warranties contained herein. Company does not warrant the Goods/Service will comply with the requirements of any safety or environmental code or regulation of any federal, state, municipality or other jurisdiction beyond the specific express warranties contained herein.
3. The Company makes no guarantee, nor does it take any responsibility for the content including its quality, copyright compliance or legality, or any resulting loss or damage. The content not limited to the availability of any product or service or any feature thereof, is subject to change without notice.
4. We reserve the right, at our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platform.6. Company’s Rights and Obligations:
The Company reserves the right to change any policies from time to time without providing reasons for the same. In particular, we may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event the Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Company reserves the right to, at all times, monitor User Accounts to ensure compliance with these terms and conditions.7. User Account:
1. The User may be required to create his/ her own User ID and Password in order to register and/ or use the services on Platform. By accepting these Terms, the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
7.1.1.Choose a new password, whenever required for security reasons.
7.1.2.Keep his/ her User ID & Password strictly confidential.
7.1.3.Be responsible for any transactions made by User under such User ID and Password.
2. Company may verify at the time of creation of the user account, including but not limited to phone number, email address, bank account, credit card details, etc.8. General Obligations of User:
User represents and warrants that they will abide by the terms and conditions. It is User’s duty to verify the information/data or services provided or listed in the Platform before subscribing to the Services on the Platform. Company shall not guarantee or warrant the information/data or services provided or listed in the Platform. Users are advised to independently verify the bona fides of any particular User that the user chooses to deal with on the Platform and use the user's best judgment in that behalf.9. Specific Obligations:
9.1.1.For all registered users except Students, the Company uses different algorithms to encrypt and store User’s personal information including username and password (hereinafter referred to as “login credentials”). Login credentials are confidential and private, and each User is responsible for maintaining the confidentiality of their Username and Password. If such details stolen or exposed to someone else, the User agrees that the same shall be changed using the change password interface of the Platform, and to keep it confidential to prevent the unauthorized use of the User account and any information in connection with the User account.
9.1.2.For Student Users, the login credentials will be generated and provided to the Student User by the class teacher or admin. Login credentials are confidential and private, and each User as well as the respective class teacher or admin is responsible for maintaining the confidentiality of their Username and Password. If such details stolen or exposed to someone else, the same must be informed to the class teacher or admin to block or change the login credentials to safeguard the Student account in such scenarios.
9.1.3.For Classroom Admin, the school or classroom admin has is responsible to securely generate, maintain and store the login credentials for the associated student user accounts with the Platform. Login credentials are confidential and private, and the Classroom Admin is responsible for maintaining the confidentiality of their Username and Password and must not be shared to anyone other than the respective Student. Newly assigned classroom admins are advised to regenerate, maintain and distribute the login access securely for all students in the respective classroom. If such details stolen or exposed to someone else, the Classroom Admin may block or change all or any of the students’ login credentials from the classroom dashboard immediately to safeguard the student account(s) in such scenarios. The Classroom Admin can securely regenerate and distribute such details to the corresponding student(s) in the classroom at any time.
9.1.4.Users acknowledge and agree that User and their associated users shall be responsible for all activities that occur under the respective User account and/or its associated account(s) if any. In no event shall the Company expose such details to any third party and/or take any obligation, and does not accept liability for any loss, damage, information theft, omission and/or dispute arises out of any unauthorized access to the user account and/or any unauthorized activities under the User account due to user’s failure of keeping confidential information secure and private.
The Platform requires the User, whether individual or representing an entity, to furnish the relevant Know-Your-Customer (KYC) documents in accordance with the applicable laws and regulations, in order to ensure that the Services and the Platform are utilised by the User only for legitimate purposes. The Platform may limit, suspend or terminate the User’s account and/or any associated accounts any time if, in the Platform’s sole discretion, the KYC documents are found insufficient.10. Subscriptions
10.1.Paid Subscriptions: School District, School/Institute and Teacher/Tutor are the types of accounts available with different subscription periods on the Platform. School District, School, Institute, Teacher or Tutor may choose and subscribe to any plan and enjoy the Platform to the extent permitted for the plan subscribed. Users agree that they shall not attempt to create or subscribe to user account in any other person or entity name(s) to which the User has no authority to do so.
10.2.Free Plan: Users may subscribe to the Free Plan on the Platform, which provides the Platform and/or Services with certain restrictions and limitations. Users may upgrade at any time by subscribing to any paid plan on the Platform, in order to byoass the limitations to the extent specified in each plan. Users agree that the Company may, at its sole discretion, modify, withdraw, cancel, extend, or deny the Free Plan for any reason at any time with or without any reasonable prior notice to User.11. Accounts
11.1.Teacher or Tutor Account: If the User is a Teacher/Tutor account subscriber, the User may add as many classroom and student accounts as mentioned in the pricing page for a corresponding plan at the time of purchase, but cannot add another Teacher or Tutor account under the existing Teacher or Tutor account.
11.2.School or Institute Account: If the User is a School/Institute account subscriber, the User can add as many Classroom, Teacher and Student accounts as mentioned in the pricing page for a corresponding plan at the time of purchase, but cannot add another School/Institute account under the existing School or Institute account.
11.3.School District Account: If the User is a School District account subscriber, the User can add as many School, Classroom, Teacher and Student accounts as mentioned in the pricing page for a corresponding plan at the time of purchase, but cannot add another School District account under the existing School District account.
Users agree that certain features such as SMS for instant messaging and digital storage space to store all User uploaded files are available as ADD-ON. These add-on features may be available in very limited volume or may not be included with the User’s subscription. If these features are not included in the User’s subscription or the provided limit is not enough for the User’s requirement, the same can be purchased at any time from the payment dashboard based on the requirements. The pricing may vary for these features based on the User’s geographical location, network availability and other related factors.13. Account Type, Plan and Subscription:
13.1.The Company requires certain amount of consideration from Users when newly subscribing, upgrading existing subscription or renewing subscription to any one of our account types such as School District, School/Institute and Teacher/Tutor, based on the subscription plan (BASIC, STANDARD and Premium) and period (Quarterly, Half Yearly or Yearly). The additional payment is required when Users upgrade their plan or increase the limitations of certain features of their subscription or purchasing add-on components of our services.
13.2.Users agree to use or access the features to the extent permitted for their account until the end of their subscription tenure on the Platform, At the end of subscription tenure, the User’s usage of or access to all features under the corresponding paid plan shall be stopped, prohibited or limited.
13.3.Users may continue access or use such features or avail the features again by renewing the subscription period and by paying the Company in advance.
13.4.Users must renew the subscription period for the subsequent subscription period by paying the Company in advance or within ten (10) days the from the end date of the active or last subscription period.14. Conditions of Use:
14.1.The user will not, nor allow third parties on the user’s behalf to (i) make and distribute copies of the Platform (ii) attempt to copy, reproduce, distribute, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Platform; or (iii) create derivative works of the Platform of any kind whatsoever.
14.2.The Service wherever made available to the user free of charge is for the user's personal, non-commercial use. We reserve the right to amend or withdraw the Service, or charge for Platform or service provided to the user in accordance with these terms, at any time and for any reason.
14.3.The user acknowledges that the terms of service with the user's respective network provider will continue to apply when using the Platform. As a result, the user may be charged by the network provider for access to network connection services for the duration of the connection while accessing the Platform or availing of the Services or any such third party charges as may arise. The user accepts responsibility for any such charges that arise.15. Payment:
15.1.Paid Subscription to the services on the Platform shall be as per the plans and the respective charges outlined on the pricing page of the Platform. The User’s Paid subscription shall activate immediately after clicking on the “SUBSCRIBE NOW” button. The User must make the payment for their subscription within ten (10) days of the date of activation of the subscription. If Users fail to do so, the Platform may suspend the User account until the successful completion of payment. If such delay exceeds
15.2.The Company may, at its sole discretion, provide discounts/offers on the subscription or add-on charges, and may require the fulfilment of certain conditions for availing the same. Discounts/offers may or may not be available everyone. Discounts/offers cannot be transferred to another User, and may not be exchanged for consideration. Privately shared discounts/offers must not be made available to public. The Company reserves the right to change or remove such discounts/offers at any time.
15.3.The Company accepts payment through IMPS, NEFT, RTGS, Bank Cheque and Demand Drafts. IMPS, NEFT and RTGS payments must be made online in accordance with the payment information provided in the pro-forma invoice or the Billing section on the Platform. Bank Cheque or Demand Draft payments must be sent to the Company through Registered Post to the Company’s address provided in the pro-forma invoice or the Billing section on the Platform. All payments must be made in the name of the Company “APPSPLUG SOFTWARE INDIA PRIVATE LIMITED”, and payments made to any third party, affiliate or representative shall not be valid.
15.4.Users would be charged additionally the applicable Payment Gateway Charges/Convenience Charges/Collection Charges/Internet Handling Charges, etc by Company.
15.5.Transaction response time would depend on the respective Third-Party Service Provider and Company does not provide any guarantee or is not responsible for the transactions.
15.6.Payments shall be deemed successful when completely realised in the Company’s bank account.16. Information/Data:
The User shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
1. belongs to another person and to which the User does not have any right to;
2. 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;
3. harm minors in any way;
4. 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 items;
5. violates any law for the time being in force.17. Communication:
The user will be required to provide a valid phone number and Email ID at the time of using the service through the Platform. By registering the user's phone number and Email ID with us, the user gives consent to be contacted by us via phone calls and/or SMS and /or email notifications, in case of any service related updates. We will not use the user's personal information to initiate any promotional phone calls or SMS.18. Warranty:
1. The user warrants and represents that all details and information provided to the Platform by the user are true and accurate and are not false, misleading or deceptive and the information contained on the Platform will be kept accurate and up to date and compliant with these terms and conditions.
2. We do not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. The user is advised to independently verify the bona fides of any particular User that the user chooses to deal with on the Platform and use the user's best judgment in that behalf.19. Third-Party Platform listing:
The Platform may contain links to the Platform of third parties, affiliates and business partners. Company has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such Platform made available by/through our Platform. Inclusion of any link on the Platform does not imply that the Platform endorses the linked Platform. User may use the links and these services at the User’s own risk.20. Advice:
The contents of this service do not constitute advice and should not be relied upon in making or refraining from, making any decision.21. Complaints:
Any complaints regarding the Services and/or the Platform must be raised by email to email@example.com within forty-eight (48) hours from the time of receipt of the Services or issue on the Platform, as applicable. The Company shall endeavour to address complaints within 30 days of receipt of the same.22. Refund and Cancellation Policy:
If there are any deficiencies in the Services, and complaints for the same are raised as per the procedure outlined herein with valid proof of the deficiency, the Company may at its sole discretion offer cancellation/refund of the charges (not inclusive of transaction related charges) on a pro rata basis.23. Liability:
1. Company has made the Services available to the User as a matter of convenience, and expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Company reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
2. Company shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or content, or (b) the transmission or delivery of any such data, information or content; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or content. Under no circumstances shall the Company, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services. The Company’s liability for any claim arising under or relating to the Services and/or Platform shall be limited to direct damages and shall not exceed the subscription charges paid by the User under the respective plans on the Platform.
3. Company assumes no liability whatsoever for any monetary or other damage suffered by the User on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services in connection thereto.
4. The User shall indemnify and hold harmless Company and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
5. The User agrees that Company or any of its employees will not be held liable by the User for any loss or damages arising from the user's use of, or reliance upon the information contained on the Platform, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Company’s reasonable control.24. Reviews, ratings & comments by users:
24.1.The user is solely responsible for the content of any transmissions made through Platform or any transmissions made through any mediums offered by Platform and any materials the user adds to Platform or add to any mediums offered by Platform, including but not limited to transmissions like the Reviews, Ratings & Comments posted by the user (the "Communications"). We do not endorse or accept any of the user's communications as representative of our views. By transmitting any public communication to the Platform, the user grants us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Services now known or later developed.
24.2.The user confirms and warrants that the user has the right to grant these rights to us. The user hereby waive and grant to us all rights including intellectual property rights and also "moral rights" in the user's Communications, posted on Platform through any of mediums of the Platform. We are free to use all the users Communications as per its requirements from time to time. The user represent and warrant that the user own or otherwise control all of the rights to the content that the user post as Review, Rating or Comments; that the content is accurate; that use of the content the user supplies does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by the user's friend's tagged by the user. Also we reserve the right to mask or unmask the user's identity in respect of the user's Reviews, Ratings & Comments posted by the user.
24.3.We have the right, but not the obligation to monitor and edit or remove any content posted by the user as Review, Rating or Comments. We cannot review all Communications made on and through any of the mediums provided by us. We reserve the right, but have no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which we at our sole discretion deem inappropriate, offensive or contrary to any Service policy, or that violate these terms.
24.4.We reserve the right not to upload or distribute to, or otherwise publish through the Platform or any other forums any Communication which is (a)obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive; (b)constitutes or contains false or misleading indications of origin or statements of fact; (c)slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party; (d)causes injury of any kind to any person or entity; (e)infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party; (f)violates any applicable laws, rules, or regulations; (g)contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h)impersonates another person or entity, or that collects or uses any information about the Platform visitors.
24.5.It is also clarified that, if there are any issues or claims due to the user's posts by way of Reviews, Ratings and Comments, then we reserve the right to take appropriate legal action against the user. Further, the user shall indemnify and protect us against such claims for damages or any issues, due to the user's posting of such Reviews, Ratings and Comments. We take no responsibility and assume no liability for any content posted by the user or any third party on the Platform.
24.6.The user further acknowledge that conduct prohibited in connection with the user's use of Services includes, but is not limited to, breaching or attempting to breach the security of the Platform.25. Indemnity:
The user agrees to defend, indemnify and hold harmless Company, its employees, directors, officers, agents, representatives and their successors and assigns from and against any and all claims, liabilities, damages, losses, demands, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the user's access to and use of Services, which may result in any loss or liability to Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of the user's obligations herein or arising out of the user's violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive expiry or termination.26. Disclaimer and Limitation of Liability:
The Services are made available or provided on an "as-is" basis without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.27. Intellectual Property Rights:
1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all Intellectual Property Rights to and into the Platform and the Services, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
2. Company is not responsible for the content of any third party Platforms and does not make any representations regarding the content or accuracy of material on such Platform. If the user decides to link to any such third party websites, the user does so entirely at the user's own risk.
3. Notwithstanding the foregoing, it is expressly clarified that the user will retain ownership and shall solely be responsible for any content that the user provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which the user may upload, transmit or store when making use of our various Service. However, with regard to the product customization service (as against other services like blogs and forums) the user expressly agree that by uploading and posting content on to Platform for public viewing and reproduction/use of the user's content by third party users, the user accept to grant a non-exclusive license for the use of the same.28. Term & Termination:
Company may suspend or terminate the user's use of the Platform or any Service if it believes, in its sole and absolute discretion that the user may have breached any of the Terms. Company may delete any content or other materials relating to the user's use of the Service and Company will have no liability to the user or any third party for doing so. The user shall be liable to pay for any Service that the user has already availed/ordered till the time of Termination by either party whatsoever.29. Confidentiality:
29.1.The user shall keep all and any information regarding the Services and the Platform confidential, during the period of usage of this Platform and after. The user shall not, without prior written consent of the Company, transfer (whether for consideration or otherwise) such information to any third-party for any reason whatsoever. This does not include trusted third parties who assist us in operating our Platform, conducting our business, or servicing the user, so long as those parties agree to keep this information confidential [Internal Purpose].
29.2.We may also release the user's information when we believe release is appropriate to comply with the law, enforce our Service or protect others or our rights, property, or safety.
29.3.The user is specifically prohibited from using the confidential information for purposes of seeking any commercial gain out of the said information. In the event Company is made aware of any such practice of such violation of the terms and/or conditions of this terms, Company shall be entitled to terminate the Services and/or access to the Platform, as well as initiate legal proceedings against the user, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
29.4.We may include or offer third party products or services on our Platform. These third party products/services have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked products/services.
29.5.We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this policy at any time.30. Governing Law:
The laws of India shall apply and courts in Chennai shall have jurisdiction in respect of all the terms, conditions and disclaimers. Company reserves the right to make changes to the Platform/service and the terms, conditions and disclaimers at any time and without information to the users of the services/Platform of Company.31. Arbitration:
If any dispute arises between the user and Company during the user's use of the Platform or services, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms or any our policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Company. The place of arbitration shall be Chennai. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.32. Miscellaneous:
1. Any waiver of any rights available to Company under these terms shall not mean that those rights are automatically waived.
2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Company have no control over such matters.
3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Company does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
4. Company and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Platform.33. Customer Services:
If the user has any query, please e-mail us at firstname.lastname@example.org.