This document contains terms and conditions (“Terms/Terms of Use”), and is an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the IT Act. This document is published in accordance with the provisions of Rule 3 (1) of the IT Act (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Platform.
1.1
The platform is owned, managed and operated by Mbook Technology Private Limited, a private limited company duly incorporated under the provisions of the Companies Act, 2013 and having its registered office at 24, Killa No. 21, UGF Right Side Tower- A, Village Mehrauli Delhi 110030, India (“Metalbook”, “Company”, “We”, “Us”, or “Our”).
1.2
For the purpose of these Terms, wherever the context so requires the term “You”, “you” “Your”, “your”, or “User”, shall mean any person who visits, uses or accesses the domain name https://www.metalbook.co.in (“Website”), and https://www.metalbook.app (hereinafter referred to as “Platform”) including the related mobile site and mobile application or avails Services (as defined below).
1.3
Metalbook is engaged in the business of facilitating sale and purchase of metal and related merchandise and services by Users registered with the Company (“Services”). We are not responsible for the behavior, actions or inactions, accuracy, efficiency of any User, quality of service or product which you may use or procure through us or otherwise.
1.4
When You use any of the services provided by Us through the Platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
1.5
The Terms contained in this electronic record read with the Privacy Policy (as defined below) of the Platform, as available and uploaded on the Platform, or any other specific terms and conditions, as applicable or relating to the Services which are incorporated herein by reference, shall constitute the entire legally and binding agreement between you and the Metalbook in connection with your access, visit or usage of the Platform for availing the Services on the Platform in any manner. You are requested to read these Terms carefully before accepting the same and moving forward to using and accessing the Platform or availing the Services. Our Privacy Policy explains the way we collect and use your information. By using the Service, you agree to be bound by these Terms and our Privacy Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.
1.6
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. BY IMPLIEDLY OR EXPRESSLY ACCEPTING THESE TERMS OF USE, YOU ALSO ACCEPT AND AGREE TO BE BOUND BY METALBOOK POLICIES ((INCLUDING BUT NOT LIMITED TO PRIVACY POLICY AS AMENDED FROM TIME TO TIME. IN CASE YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE REFRAIN FROM USING AND ACCESSING THE PLATFORM AND AVAILING SERVICES ON THE PLATFORM.
1.7
It is further clarified that by availing the Services on the Platform, and/or visiting, viewing, accessing or otherwise using the Services or information created, collected, compiled or submitted to the Platform, you are deemed to have agreed to these Terms and all the policies of the Platform.
1.8
You acknowledge and agree that by using, browsing or otherwise accessing the Platform/ Services, you agree to be bound by these Terms and our Privacy Policy. You acknowledge that we provide use and access to our Platform services to you subject to these Terms. You agree and acknowledge that you have completely read and understood these Terms and the Privacy Policy, incorporated herein by reference, as amended from time to time.
1.9
It is hereby clarified that We may, from time to time, change provisions related to the Services which also include changing the extent and scope of Services and/ or include any other category of service or facility within the term ‘Services’, at the sole discretion of the Company. You can determine when these Terms were last revised by referring to ‘Last updated’ at the top of these Terms. Your continued use of the Platform shall be deemed to signify your acceptance of these provisions or amended provisions of these Terms.
1.10
We reserve the right to change, modify, amend, or update the Terms, at our discretion, from time to time and such amended provisions of the Terms shall be effective immediately upon being posted/ uploaded on the Platform.
2.1
Please note that in order to avail the Services, the User is required to create a user account (“Account”) on the Platform and become a registered user (“Registered User”). The User can have his/ her own Account and become a Registered User on the Platform by following a signing-up process (“Sign-up”) as provided and detailed herein these Terms which includes filling up of the required information, as mentioned below in a sign-up form (“Sign-up Form”) and agreeing to the Terms as provided hereinbelow. Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e., under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian. We reserve the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Our notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
2.2
To create an Account and complete the Sign-up process, a User is required to provide the information, which such User recognizes and expressly acknowledges is personal information allowing others, including Us, to identify the User which includes but is not limited to name, User ID, gender, address, ZIP/postal code, age, phone number, password chosen by the User, the details of entity, GST number etc.
2.3
It is clarified that by Sign-up you agree to all the Terms herein, Privacy Policy and all other polices of Platform which may be posted at an appropriate location of the Platform. If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password verification. You agree that Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website/ Platform. If You share or allow others to have access to Your Account, by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
2.4
The Platform shall not be liable for any loss of the Registered User caused by any unauthorized use of the Account and, in this respect, the Registered User shall indemnify the Company for losses that the Company may incur from any other party on account of such unauthorized or fraudulent use of the Account.
2.5
You agree that you shall provide accurate and correct information at the time of Sign-up for filling up of the Sign up Form and you shall also update such information and data, from time to time, in case of any change thereto and/ or as and when required and asked by the Platform in this regard.
2.6
You shall log-out from your Account at the end of each session in order to ensure complete security and secrecy of your data and Platform/ Company’s data.
2.7
You are solely responsible for maintaining the confidentiality of your account, display name and password and you are fully responsible for all activities that occur under the same and the Company shall not be liable or responsible whatsoever in this regard. You expressly agree that you will immediately notify us about any actual or potential unauthorized use of your account, display name and password or any breach of security or any breach of the Terms by a third party.
2.8
It is clarified that upon receiving a notification/ intimation/ apprehension of any actual or potential unauthorised use of your Account, we may, at our discretion, take action to block access to such Account, display name and password at the earliest and take all other actions as required under the applicable laws.
2.9
The Registered User shall only be responsible for safeguarding the Account, password and all the information and data associated with such Account. For the safety of the data, and information in such Account and prevention of any possibility of any unauthorised use thereof, it is suggested to the Registered User to use a strong password and not disclose the password to any third parties.
2.10
In the event of the Registered User becoming aware of any breach of security or unauthorised use of the Account, such Registered User shall take all the reasonable steps to inform the Company with respect to such unauthorized use of the Account and, in this regard, the Company shall not be responsible for any liabilities that such Registered User may incur from the misuse of the Account or password or any data and information contained therein.
2.11
You agree that the Company cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms.
3.1
Metalbook provides independent, dynamic and anonymous online platform for the purchase and sale of metal and related products. We are strictly a business-to-business platform. Sellers interested in increasing sales or finding the highest, best use for excess, obsolete, or secondary material sign up through the website or contact us. Sellers complete the basic know your customer (KYC) to provide key relevant information such as what material they wish to sell, the price they would like to receive, and the location and condition of the material.
3.2
Metalbook may, then list the material on the Platform and uses its marketing program and experienced sales team to find a buyer and vice versa. Buyers and sellers on the platform remain anonymous to each other throughout the process, allowing them to take advantage of the power of the Platform without fear of channel conflict or of disclosing sensitive inventory information to competitors.
3.3
Metalbook doesn’t charge any listing fees and generally makes its money by utilising the reach of the Platform and the experience of its sales team to find buyers willing to pay more than the seller’s asking price. Buyers on the platform can buy with confidence knowing that Metalbook stands behind the material for sale on the site. In turn, sellers on the site are responsible to Metalbook to provide quality material and remedy any defects. To preserve anonymity and provide a simple, one-stop solution, Metalbook arranges transportation of the material where necessary.
3.4
Buyers are responsible for paying all invoices promptly. Unless otherwise specified, all sales on the site are cash in advance. Buyers who sign up for commercial credit through the site agree to separate Terms of Use and acknowledge that credit may be provided by a third party.
3.5
Return & refund policy:
3.5.1
Metalbook shall not entertain any return request for full or partial shipment except when such return request is in relation to:
i)
Product(s) / goods / merchandise being damaged;
ii)
There being a manufacturing or inherent defect in the product delivered;
iii)
Product delivered is not the product for which the order has been placed.
3.5.2
The Buyer shall be required to place the return request within 24 hours of delivery of the product by following the return procedure on the Website by contacting user support on the Website.
3.5.3
Once the return request has been made, Metalbook will designate a quality check team or inspector to determine the condition of the product and only after such officer confirms that the Product falls under any of the categories listed herein above, Metalbook shall initiate the return and refund process. In the event only a part of the order is damaged/ defective/ wrong the same will be replaced by the Seller.
3.5.4
The wrong-doing party or the party who will be at fault as per the quality check inspector shall be liable to bear the logistics costs with respect to returning the products to the relevant User and the fees payable to the quality check inspector.
3.5.5
Metalbook shall intimate the Buying User regarding the return and refund by way of an e-mail or voice call from Metalbook’s user support representative.
3.5.6
Any refund against any return request shall be processed only upon receipt of the product by Metalbook / the Seller along with the original invoice/s.
3.5.7
The refund process may take up to 30 (thirty) business days from the date of receipt of the product along with the invoice. The actual time taken for refund or for the credit of the payment into the Buyer’s bank account will depend on the mode by which payment was made and the procedures adopted by various financial service providers.
3.5.8
In the event of the Buyer requesting return after 24 hours of delivery, Metalbook will not be liable to accept such request or refund any amount paid by such User.
3.6
Cancellation and Amendment of order:
3.6.1
The cancellation and amendment process will be an offline process whereby the Buyer will be required to contact the Metalbook user support if such User wishes to cancel or amend the order.
3.6.2
A request for cancellation or amendment of an order can be made only within 24 (Twenty Four) hours of placing the order and before the Buyer is notified of the confirmation of receipt and processing of order by the Seller.
3.6.3
All cancellation and amendment requests shall be entertained only in special circumstances and solely at Metalbook’s discretion. It is hereby clarified that the requests will be received and processed by Metalbook only if the applicable products/goods have not been dispatched at the time of receipt of the requests.
3.6.4
Upon Metalbook’s acceptance of the cancellation request, Metalbook will intimate the Buyer via an email and will refund the payment amount, if any, received from the Buyer. The refund process may take up to 30 (thirty) business days from acceptance of the cancellation request. The actual time taken for refund or for the credit of the payment into the Buyer’s bank account will depend on the mode by which payment was made and the procedures adopted by various financial service providers.
3.7
Seller Responsibilities. Sellers utilizing the Metalbook Platform are responsible for the following:
a.
Providing accurate information to Metalbook on material available for sale and maintaining the accuracy of that information;
b.
Payment of any applicable seller subscription fees on a timely basis;
c.
Compliance with all laws;
d.
All selling transactions on the Platform are a firm commitment to sell. You are obligated to complete the transaction;
e.
Promptly releasing sold material for pickup;
f.
Timely and accurately providing Metalbook relevant information on material pickup limitations (pickup hours, appointment requirements, etc.);
g.
Promptly and professionally working with Metalbook to resolve any disputes related to any defect in material sold;
h.
The Seller shall be responsible for the overall quality and quantity of the products. At no time, Metalbook takes title or ownership of any product or inventory.
i.
Completing the purchase of any bid/auction material for which you have submitted a bid that was accepted by the seller. If you fail to complete any such purchase then You agree to reimburse Metalbook all costs and expenses incurred as a result thereof, including attorney’s fees;
j.
Shall not host, display, upload, modify, publish, transmit, update or share any content, information and/or material on the Platform which:
i)
is false, inaccurate or misleading and violates any law for the time being in force;
ii)
belongs to another person and to which the User does not have any right to;
iii)
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
iv)
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
v)
harasses or advocates harassment of another person;
vi)
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vii)
infringes upon or violates any rights of third party/ies including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
viii)
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated files;
ix)
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
x)
exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
xi)
provides instructional information about illegal activities such as making or buying, or selling, illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
xii)
contains video, photographs, or images of another person (with a minor or an adult);
xiii)
solicits gambling;
xiv)
interferes with the use and enjoyment of the Platform by another User;
xv)
refers to any website or URL that, in Metalbook’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
xvi)
deceives or misleads the addressee and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
xvii)
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
xviii)
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
xix)
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and / or
xx)
creates liability for Metalbook or cause Metalbook to lose (in whole or in part) the services of its internet service provider or other suppliers;
k.
Completing the sale of any bid/auction material for which you have accepted a bid. If you fail to complete any such sale then You agree to reimburse Metalbook all costs and expenses incurred as a result thereof, including reasonable attorney’s fees;
3.8
Buyer Responsibilities. Buyers utilizing the Metalbook Platform are responsible for the following:
a.
Prompt payment of invoices;
b.
All purchases on the Platform are a firm commitment to purchase. You are obligated to complete the transaction;
c.
By purchasing an item, You agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful.
d.
Providing accurate information for delivery and accepting delivery of purchased material. If you refuse to accept delivery of the material you ordered, you agree to pay Metalbook liquidated damages in an amount equal to twenty percent (20%) of the total cost of the material refused, as reflected by the Metalbook invoice for said material;
e.
Compliance with all laws;
f.
Assuring you are purchasing the correct material for your needs;
g.
Promptly and professionally working with Metalbook to resolve any disputes related to any defect in material purchased. Claims must be brought as soon as practicable, must be supported with appropriate evidence (photos, etc.), and must be pursued in compliance with these Terms of Use;
h.
Shall not host, display, upload, modify, publish, transmit, update or share any content, information and/or material on the Platform which:
i)
is false, inaccurate or misleading and violates any law for the time being in force;
ii)
belongs to another person and to which the User does not have any right to;
iii)
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
iv)
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
v)
harasses or advocates harassment of another person;
vi)
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vii)
infringes upon or violates any rights of third party/ies including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
viii)
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated files;
ix)
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
x)
exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
xi)
provides instructional information about illegal activities such as making or buying, or selling, illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
xii)
contains video, photographs, or images of another person (with a minor or an adult);
xiii)
solicits gambling;
xiv)
interferes with the use and enjoyment of the Platform by another User;
xv)
refers to any website or URL that, in Metalbook’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
xvi)
deceives or misleads the addressee and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
xvii)
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
xviii)
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
xix)
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and / or
xx)
creates liability for Metalbook or cause Metalbook to lose (in whole or in part) the services of its internet service provider or other suppliers;
4.1
You agree that during your use and access of the Platform and/or availing of the Services offered by the Platform, you will provide us with certain information and other data as mentioned under the Terms which may or may not be otherwise publicly available. Please note that we respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by you under these Terms are governed under Platform’s privacy policy (“Privacy Policy”) which is available on the Platform and can be accessed by (“Privacy Policy”). By using and visiting the Platform and availing the Services on the Platform, you agree to the terms and conditions of our Privacy Policy.
4.2
Regarding your private information and data, we will only collect, use, disclose or process such information and data in accordance with our Privacy Policy, which you accept by your use and access of the Platform and/or availing the Services on the Platform. Please note that we may share such data and information with third parties as required to be shared in terms of and in the manner as set out under the Privacy Policy.
4.3
You agree that the measures and procedures regarding storing and securing the data and information on the Platform as stipulated in the Privacy Policy, you acknowledge, accept and agree that the Company/ Platform utilizes the standard security configurations for securing data and information on the Platform which is reasonable and sufficient security practice and procedure as per the industry standard and for the purposes of the Information Technology Act, 2000, and the rules and regulations made thereunder.
4.4
By accepting these Terms, you also agree to the terms and conditions as provided under our Privacy Policy.
5.1
For the use and access of the Platform, whether or not for provisions of availing any of the Services on the Platform, you must be 18 (eighteen) years of age or older to use or visit the Platform, in any manner. For this purpose, you agree that by visiting the Platform or accepting these Terms, you represent and warrant to the Company that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Platform and agree to and abide by the Terms as provided herein.
5.2
Further, the use of and access to the Platform can be availed only by such individuals who can form and enter into a valid ‘contract’ as per the conditions as provided under the Indian Contract Act, 1872. It is hereby expressly clarified that the persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the Platform.
5.3
While individuals under the age of 18 may use or visit the Platform or avail the Services of the Platform, they shall do so only with the involvement and/ or guidance of their parents and/ or legal guardians, under such Parent/legal guardian’s supervision and control. We reserve the right to deny the use of/ access to and/or exclude from our Platform, any person at our absolute discretion and we also reserve the right to suspend, revoke or amend your use/membership at our absolute discretion.
5.4
You agree that you will act lawfully, diligently and honestly at all times when you access and use the Platform and/or avail the Services and will comply with all laws, rules, regulations, legislations, notifications, circulars, guidelines, standards, codes, policies, orders, approvals, ordinances, judgments, decrees, injunctions, writs, arbitral award, bye-laws, or any similar form of decision, determination, or adjudication having the force of law, as amended from time to time, applicable to your use of the Platform and/or availing the Services.
5.5
You agree that you will not interfere with, jeopardize, disrupt or harm the Platform and/or Services and that you will not intercept, expropriate, re-use, steal or re-utilize any system, data, photographs or information comprised in or provided to you via the Platform and/or Services and at all times comply with the Terms and other policies of the Platform.
5.6
We will provide you with any help you may reasonably require to access the Platform but we shall not be responsible if you are unable to access any section of the Platform or any of the Services for any reason. We do not guarantee you access to the Platform at any time and all times. We do not guarantee that while you are accessing the Platform, your access will be uninterrupted, without delay/interference, secure and/or error-free or operate as set out and anticipated in these Terms. Accordingly, we reserve the right, at any time, to suspend or discontinue the Platform and/or any of the Services for any reason without incurring any lia
5.7
You agree that the information you provide to the Company on the Platform at the time of registration and any time thereafter and any information displayed under your account at all times will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms herein and the other policies of Platform, we shall have the right to indefinitely suspend or terminate your account or block your access on the Platform.
5.8
If We reasonably believe that an account and password is being used/misused in any manner, we reserve the right to cancel rights to access the Platform immediately without notice and block access to all Users from that particular IP address. You agree to notify us and the Platform immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or Account. However, you could be held liable for all the losses, claims, and liabilities incurred by the Company/ Platform due to someone else using your Account or password.
5.9
Further, by using the Platform, you consent to receive communications via electronic records from us periodically and as and when required.
5.10
We may, at Our sole discretion, suspend the User’s ability to use or access the Platform at any time while We investigate complaints or alleged violations of these Terms, or for any other reason.
6.1
Under these Terms, the User agrees not to host, display, upload, modify, publish, transmit, update or share any information that: (a) belongs to another person and in relation to which it does not have any right of use; (b) infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person; (c) is false or misleading in any way; (d) violates any law for time being in force; (e) harasses or advocates harassment of another person; (f) involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing or “spamming”; (g) promotes illegal activities or abusive, obscene, defamatory or libellous conduct; (h) any activity which is or could be construed as being illegal; (i) harms minors in any way; (j) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating 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; (k) deceives or misleads the other Users of the Platform about the origin of messages or communicates any information which is grossly offensive or menacing in nature; (l) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (m) promotes an illegal or unauthorized copy of another person's copyrighted work; (n) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; (o) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (p) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and (q) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, application, software contains content that would be prohibited or violates the letter or spirit of these Terms.
6.2
The User agrees not to (a) reveal/disclose confidential or proprietary information of other Users, the Company/ Platform or any third party when the User receives or comes in possession of such confidential or proprietary information; (b) incorporate any computer contaminant, software virus or any computer code or file or program on the Platform designed to interrupt, destroy or limit the functionality of the Platform; (c) incorporate or introduce any program on the Platform that might infringe the intellectual property rights of any other User and/or of the Company/ Platform; (d) download, copy, reproduce any file or information available on the Platform which the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed; (e) in any way, deface or vandalize the Platform or prevent or restrict others from using the Platform; (f) stalk, threaten or harass any other User or infringe upon or attempt to infringe upon their privacy; (g) infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy, of the Company/ Platform, other Users of the Platform or any third Party; (h) impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; (i) directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and (j) create liability for the Company/ Platform or cause the Company/ Platform to lose (in whole or in part) the services of its internet service provider or other suppliers.
6.3
It is also clarified that you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
6.4
You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of Services or any other systems or networks connected to the Platform or to any server, computer, network, or to any Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
6.5
You agree that you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other client/customer/user/member of the Company/ Platform including any account on the Platform not owned/operated/managed by you, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
6.6
You agree that you shall not make any negative, denigrating or defamatory statement and/or comment about the Company/ Platform or the Services or the brand name or domain name used by the Company/ Platform or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company/ Platform or other Users on the Platform or other business partners of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade names and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Platform.
6.7
You agree that you will not use the Platform or any content thereof for any purpose which is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company/ Platform, its Users and/or other third parties.
6.8
You shall not purchase, sell, assign, trade, rent, loan, lease, license, grant a security interest in, or transfer your Account, any content, or any other attributes appearing in, originating from or associated with the Platform.
6.9
In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal action against you as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating your use of the Platform.
6.10
You agree that you shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and as amended from time to time and, also all applicable laws, rules and regulations and international laws, statutes, ordinances and regulations regarding use of Services. Further, you agree that you shall not solicit (directly or indirectly) any other Users of the Platform to avail the Services of the Platform being displayed on the Platform, either independently or through a third party except through the Company/ Platform.
6.11
The User shall indemnify and hold harmless the Company, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all losses, claims, damages, penalties, costs, expenses, demands, actions (including reasonable attorneys’ fees) suffered or incurred by the Company/ Platform due to or arising out of breach of these Terms and other policies of the Platform.
6.12
To enable use of your information supplied by you to us, so that use of any such information by us is not construed as a violation of any rights, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the Terms and other polices of Platform applicable to the use of the Platform.
7.1
It is hereby clarified that the content that you upload or post will become our property and you grant us the worldwide, perpetual and transferable rights to such content, including but not limited to feedback. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content you provide and are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license these rights, and the right to bring an action against you for infringement of these rights. We reserve the right to edit or remove any material submitted/ posted to the Platform, or stored on our servers, or hosted or published upon the Platform.
7.2
Before posting any form of content on the Platform, the User must verify the truthfulness and authenticity of the particulars of the content, including the time, place, and nature. Before allowing such content to be posted on the Platform, we have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if we feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, after collecting such information and verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any false or misleading information.
7.3
In case any content is considered to be unlawful or against the law within any jurisdiction in which the Platform can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
7.4
All information, content or data posted on the Platform by the User posted is the sole responsibility of the User and by posting such content or information on the Platform, you warrant and represent that you have valid rights and title in any and all content or information that you post on the Platform and you have not infringed on any IPR belonging to any person and, in this respect, you will indemnify the Company or its affiliates for all claims arising out of any content that you post on the Platform.
7.5
Posting/uploading of any information or material or content on the Platform, which is harmful, defamatory, obscene, pornographic, libellous, invasive of another's privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any User found to be involved in such activity on the Platform will solely be liable for actions under the applicable laws.
8.1
In addition and not in derogation of the specific indemnities provided by you to the Company/ Platform under these Terms and/or policies of the Platform, you agree to indemnify, defend and hold harmless the Company/ Platform and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. against any or all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Platform or such party, to the extent such losses are based on or arising out of or in connection with: (a) any breach or non-performance of any of the Terms and/ or other policies of the Platform with respect to use and access of the Platform and/ or availing of Services; (b) truthfulness and correctness of the information provided by the User at the time of Sign-up and/ or at any time during availing of the Services; (c) any content posted by the User on the Platform and User's use of the Services available on the Platform; (d) any third party due to, or arising out of, or in connection with, your use of the Platform and/ or availing of Services; (e) breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right) by you.
8.2
The Users shall indemnify, defend, and hold the Company harmless from any third party/entity/organization claims arising from or related to such the User's engagement with the Platform.
8.3
The Users also undertake to indemnify the Company and their respective officers, directors, employees and agents in respect of any consequences which may arise due to their access of the Platform and availing of the Services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to Services and/ or policies of the Platform, including provision of incorrect address or other personal details, including without limitation cost of attorney, legal charges etc., on full indemnity basis for any loss/damage suffered by the Company on account of such act on the part of the Users.
9.1
For the purpose of these Terms herein, the terms, “IPRs” or “Intellectual Property Rights” shall mean on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any applicable law.
9.2
It is further acknowledged and agreed by you that all the IPRs in all material presented on the Platform, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos and all other materials appearing on the Platform are the property of the Company, its parent, affiliates and associates and are protected under applicable Indian laws.
9.3
It is hereby clarified and agreed by you that (i) the Company owns all the Intellectual Property Rights in and relating to the Company and Services offered through the Platform and your use of the Platform and/or availing of Services does not grant or confer you with any rights in relation to our IPRs or our affiliates or licensor’s or suppliers’ IPRs; (ii) the structure of the Platform shall not be reproduced, distributed or published, in whole or in part, by you for any purpose; other than in connection with your private use of the Platform and/ or availing of Services, you shall not copy, reproduce, download, publish, adapt, create derivative works, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any IPRs or content in relation to the Platform and/ or availing of the Services or the computer codes or elements which comprise the Platform; (iii) by using, accessing or visiting the Platform and/ or availing the Services, you acknowledge and agree that the general layout, content and design of the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and these Terms does not grant to you any rights to any IPRs in respect of the Platform or any content; (iv) the User cannot create any derivative work or technology based upon any IPRs, confidential or proprietary information of the Company; (v) the User cannot adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of the Company/ Platform or take any other action that infringes upon or impairs the Company’s trademark (whether registered or unregistered) or other IPRs, and (vi) other than as set out in this clause and the Platform’s policies, you are not permitted to use any of our Intellectual Property Rights without our (and our affiliates, licensor’s or suppliers) prior written consent.
9.4
You grant us a worldwide, perpetual, non-exclusive, sublicensable, royalty-free license to use, reproduce, distribute, transmit, disclose, display, modify, and create derivative works of any feedback, content, data, information, or other materials you submit and/or receive through the Website; provided that, we shall do so in accordance with applicable law. Without limiting the generality of anything set forth in these Terms of Use, you agree not to submit any material or other data or information that violates the law or the rights of any third party or that is unreliable, incomplete, inaccurate, obscene, libelous, defamatory, or otherwise objectionable.
10.1
You agree that the Company, at its sole discretion and for any, including inter alia without limitation if you breach these Terms, may terminate your access to and use of the Platform, at any time. You agree that any termination of your access to the Platform and/ or suspension/ termination of your Account may be effected without prior notice, and in this respect the Company shall not be liable to you for any such termination. Your right to use the Platform immediately ceases upon termination of your access/use of the Platform.
10.2
The provisions of these Terms shall continue to apply until terminated by either of the Party. In case of User wanting to terminate these Terms, the User may do so by: (a) not accessing the Platform; or (b) closing the Account.
10.3
We reserve the right to, at any time, and with or without notice, terminate these Terms against each of the Users, if there is:
i)
breach of any of the applicable law(s) or the provisions of these Terms or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the User from time to time (or have acted in a manner that clearly shows that the User does not intend to, or is unable to, comply with the same); or
ii)
Platform is unable to verify or authenticate any information provided to the Platform by a User;
iii)
We believe, at our sole discretion, that the User’s actions may cause legal liability to the Company/ Platform, (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or that they are contrary to the interests of the Platform;
iv)
We are required to do so by law; or
v)
if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for the Company to provide the Services to the User;
10.4
Users undertakes and agrees to abide by these Terms read with the Privacy Policy, Platform Guidelines and other terms and conditions, rules, guidelines etc. as may be applicable in respect of the Services of the Platform. In the event User does not abide by these Terms read with the Privacy Policy, Platform Guidelines and other terms and conditions, rules, guidelines etc. as may be applicable in respect of the Services of the Platform, the Company/ Platform may, at its sole and absolute discretion, take necessary remedial action, including but not limited to: (i) restricting, suspending, or terminating any User’s access to all or any part of Platform/ Services; and/ or (ii) deactivating or deleting a User's Account and all related information and files on such Account and in such an event, any amount remaining unused in the Winning Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with the Company/ Platform, subject to a processing fee (if any) applicable on such transfers as set out herein; and/ or (iii) refraining the User from awarding any Award(s).
11.1
The Users shall access the Platform and avail the Services provided on the Platform voluntarily and at their own risk. The Company/ Platform shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, or loss of property) by the Users or any other person or entity during the course of access to the Platform’s Services.
11.2
By accessing the Platform’s Services, the Users hereby release from and agree to indemnify the Company/ Platform and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Platform and availing of Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
11.3
The Users shall be solely responsible for any consequences which may arise due to their access of the Platform and availing of the Services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to Services and/ or policies of the Platform, including the provision of incorrect address or other personal details.
11.4
In no event shall the Company be liable to any User for acts or omissions arising out of or related to User's engagement with the Company.
11.5
In consideration of the Company allowing Users to access the Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against the Company, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Services.
11.6
In no event shall we, or our officers, directors, employees, or partners be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Platform and availing of the Services.
11.7
User will be responsible for and release the Company from any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms and further agrees to hold harmless and indemnify the Company in this regard.
11.8
Without limiting the foregoing, the Platform does not represent or warrant:
i)
the quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of the software, the Platform and the Services;
ii)
the suitability of the information contained in the documents or other information published on the Platform;
iii)
continuous, error-free, secure or virus-free operation of the Platform or its content, your Account or continued operation or availability of any facility on the Platform;
iv)
that the defects in the Platform will be corrected;
v)
that the Platform or the servers that operate the Website are free of viruses or other harmful components;
vi)
that the data, results and information within the Platform will be correct, accurate, adequate, useful, reliable, correctly sequenced, timely or otherwise; and
vii)
that the Platform will meet your needs, requirements, or expectations.
11.9
Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors in the content or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, Force Majeure Events, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.
11.10
To the maximum extent permitted by applicable law, you hereby agree that you shall have no remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
11.11
In no event shall the total aggregate liability of the Company/ Platform to any User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms or any your use of the Platform exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). We accept no liability for any errors or omissions on behalf of You. The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof.
11.12
To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Platform, or any part thereof, must be asserted within SIX (6) months after such claim or cause of action arose, or it shall be forever barred.
12.1
THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BOLD CARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.
12.2
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
12.3
TO THE EXTENT PERMITTED UNDER LAW, NEITHER THE COMPANY NOR ITS PARENT/HOLDING COMPANY, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, PROFESSIONAL ADVISORS, OR EMPLOYEES SHALL BE RESPONSIBLE FOR THE DELETION, THE FAILURE TO STORE, THE MIS-DELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.
12.4
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
12.5
TO THE EXTENT PERMITTED UNDER LAW, THE COMPANY/ PLATFORM SHALL NOT BE RESPONSIBLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL, THE QUALITY OF SERVERS.
12.6
THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR, AND IF A USER PAYS FOR ACCESS TOWARDS COMPANY'S SERVICES, THEN THE USER WILL NOT BE ENTITLED TO A REFUND AS A RESULT OF, ANY INACCESSIBILITY THAT IS CAUSED BY COMPANY'S MAINTENANCE ON THE SERVERS OR THE TECHNOLOGY THAT UNDERLIES OUR SITES, FAILURES OF COMPANY'S SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING, AND POWER PROVIDERS), COMPUTER VIRUSES, NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF OUR FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
12.7
ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE AT THE USER'S DISCRETION, COMPETENCE, ACCEPTANCE AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM A USER'S DOWNLOAD OF ANY SUCH MATERIAL.
12.8
THE PLATFORM SHALL MAKE BEST ENDEAVOURS TO ENSURE THAT THE SERVICES ARE ERROR-FREE AND SECURE, HOWEVER, NEITHER THE COMPANY NOR ANY OF ITS PARTNERS, LICENSORS OR ASSOCIATES MAKES ANY WARRANTY THAT (I) THE SERVICES WILL MEET USERS' REQUIREMENTS; (II) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (III) THE QUALITY OF THE SERVICES, INFORMATION, OR OTHER MATERIAL THAT USERS OBTAIN THROUGH THE PLATFORM WILL MEET USERS' EXPECTATIONS.
12.9
TO THE EXTENT PERMITTED UNDER LAW, IN THE EVENT OF SUSPENSION OR CLOSURE OF ANY SERVICES SHALL NOT BE ENTITLED TO MAKE ANY DEMANDS, CLAIMS, ON ANY NATURE WHATSOEVER.
12.10
PLATFORM HAS EXERTED REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION PUBLISHED ON THE WEBSITE/APP IS ACCURATE AT THE TIME OF POSTING; HOWEVER, THERE MAY BE ERRORS IN SUCH INFORMATION FOR WHICH WE SHALL HAVE NO LIABILITY. WE RESERVE THE RIGHT TO REMOVE OR ALTER ANY OF THE INFORMATION CONTAINED ON THE PLATFORM AT OUR SOLE DISCRETION.
12.11
THE PLATFORM CANNOT GUARANTEE THE ADEQUACY, CURRENCY OR COMPLETENESS OF THE PLATFORM CONTENT.
12.12
ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USERS AND THE THIRD PARTY ADVERTISERS/ THIRD PARTY CONTENT PROVIDERS IN RESPECT OF ANY PRODUCTS/ SERVICES OFFERED BY THE THIRD PARTY ADVERTISERS/ THIRD PARTY CONTENT PROVIDERS IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD PARTY ADVERTISERS/ THIRD PARTY CONTENT PROVIDERS WITHOUT ANY LIABILITY ACCRUING TO OR ON THE COMPANY FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS THE COMPANY IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY THE COMPANY OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD PARTY ADVERTISERS/ THIRD PARTY CONTENT PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME COMPANY SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD PARTY ADVERTISERS/ THIRD PARTY CONTENT PROVIDERS.
12.13
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ADVERTISERS OR CONTENT POSTED BY THIRD PARTY CONTENT PROVIDER IN ANY MANNER AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY CONTENT PROVIDERS/ THIRD PARTY ADVERTISERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD PARTY ADVERTISERS, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12.14
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY AND/OR DAMAGE TO YOUR COMPUTER/ MOBILE PHONES/ SYSTEMS OR LOSS OF DATA THAT RESULTS FROM INSTALLATION OF ANY SOFTWARE ON YOUR COMPUTER/ MOBILE DEVICES AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY SUCH FAILURE DELAY OR FAILURE.
12.15
YOU AGREE TO ASSUME THE ENTIRE RISK AS TO THE RESULTS AND THE SOFTWARE IN RELATION THERETO. AS SUCH, RESULT AND PERFORMANCE AMONG OTHER THINGS DEPENDS ON YOUR INTERNET CONNECTION AND HARDWARE. YOU ALSO ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION OF YOUR HARDWARE WHEN YOU ACCESS, DOWNLOAD OR EXECUTE SOFTWARE. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM INSTALLATION OF ANY SOFTWARE ON YOUR COMPUTER/ MOBILE DEVICE.
13.1
The COMPANY/ Platform shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/ or the Platform. Examples of force majeure events are real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond the Company’s control hindering, delaying or complicating the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.
14.1
If for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (the User and the Company collectively) as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
15.1
No provision of these Terms shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company. Any consent by Company to, or a waiver by the Company of, any breach committed by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
16.1
These Terms shall be governed by the laws of India. Subject to Clause 16.2 below dispute, the courts and tribunals of New Delhi have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms).
16.2
If any dispute, controversy or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms, then such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty-five (45) days of either party (you or we) sending a notice in this regard to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator. The seat and venue of the arbitration proceedings shall be New Delhi, India by a sole arbitrator who shall be appointed by the Company and whose decision shall be final and binding upon all the parties.
17.1
Other than that when expressly allowed, any use of our content and it is being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
17.2
Please note that if You navigate away from the Platform to a third party website or application, then You may be subject to and bound by alternative terms of use and privacy policy applicable to such third-party website or application.
17.3
The rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
17.4
No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of the Terms.
17.5
At our discretion we may serve any notice or communication to you by mail. In the case of notices sent by mail, you will be deemed to have been served 5 (five) business days after dispatch of the same.
17.6
As part of the registration process you agree to receive such marketing and promotional materials via mail, SMS, and/or any other mode of communication as we may deem appropriate to send you in connection with our Platform and Services. For further details relating to the same, please refer to our Privacy Policy.
Any complaints, abuse or concerns with regards to content and /or comment or breach of these Terms shall be immediately informed to [●] ("Grievance Officer") through email at contact@metalbook.co.in with the electronic signature or in writing
