Terms and Conditions
This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
TIMEMARKS EXAMINER PRIVATE LIMITED, having its registered office at 6MB/130, Indira Gandhi Nagar, Jagatpura, Jaipur 303012, Rajasthan, India (“Company” or “we” or “us” or “our”), is the owner of the website domain at www.studyem.io (referred as “Platform”)
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
“Company,” “we,” “us,” or our” means TIMEMARKS EXAMINER Private Limited and any other companies that are its subsidiaries and affiliates. “Service(s)” means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company. “User” or “You” shall mean any individual who is desirous of availing Services on the Platform as an Attendee or a Host and who are registered on the Platform for this purpose or any visitor of the Platform as the case may be.
2. Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform, Content and/or Services after the Updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the Updated Terms and Conditions. Any reference to Terms of Service, TOS, Agreement made herein shall refer to the latest version of the Terms of Service.
3. Service(s) provided to Users
a. The Service is designed to allow Users to engage in text-based conversations with friends and other people around the world. We serve as a freemium messaging tool, where the User can avail one-one and group chat features.
b. You can search for different Users on the Platform and who run different groups (“Groups/Channels”) hosted by certain individuals/entities for providing certain services (“Host”) and join these Groups as attendees (“Attendees”) These Groups/Channels and the content provided therein could be either paid or for free
c. The User hereby acknowledges that the Company will be responsible to help the Users join a particular group on the Platform, however the Company will not be responsible for the kind/type/quality/standard/frequency of the services provided by the Host.
d. Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, games, messages. Information and content that you share or post may be seen by other individuals (other Users). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Studyem connections, restricting your profile visibility from search engines, or opting not to notify others of your profile update). We are not obligated to publish any information or content on our Service and can remove it with or without notice.
By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in 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 minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform. As a parent or guardian of a minor, you may create an Account for such minor and consent to the minor availing Services on the Platform and participating in the Groups/Channels offered on the Platform. By using the Platform as a minor, you affirm that your Account was created for you by your parent or legal guardian and the consent of the parent or legal guardian has been duly obtained before you participate in the activities available on the Platform. By accessing the Platform or by accessing any of the Services or Content on any other Authorized Device, it is deemed that the User has read and understood and accepted these Terms. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so.
5. User Account Registration
If you chose to create an Account using a Third-Party Account, you may link your Account with Third Party Accounts, by either:
(i) providing your Third-Party Account login information to Platform; or (ii) allowing Platform to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Platform and/or grant Platform access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern your use of the Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers.
ii. By granting Company access to any Third-Party Account, you understand that the Company will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account, so that it is available on and through the Platform. Unless otherwise specified in these TOS, all SNS Content, if any, will be considered to be User’s data for all purposes of these TOS. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Account will be available on and through your Platform.
iii. Please note that if a Third- Party Account becomes unavailable, or User’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform. You have the ability to disable the connection between your Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Platform and Application. However, under such circumstances, the Services may be discontinued by the Company, at its sole discretion.
iv. Please note that your relationship with any third- party service providers associated with your third- party accounts is governed solely by your agreement(s) with such third- party service providers. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Company is not responsible for any SNS Content.
If you opt to use the Services as a Host, the terms and conditions available at Link shall also be applicable to you.
6. Platform License
i. Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein
ii. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the TOS. The Platform and the intellectual property rights vested therein is owned by Company.
i. Our Services can be availed as a subscription model (“Subscription”). This means that when you choose to avail our Services, you will be billed on a periodic basis (“Billing Cycle”). You agree to Pay to us any fees for the Services availed by you, in accordance with the pricing charges and the payment terms as presented to you on the Platform (“Subscription Fees”). Payment against fees can be made online through credit Card/internet banking/UPI gateway etc. or any mode of payment which is made available to the User in the Platform. The Fees paid by you is non-refundable, except as provided in these Terms and Conditions.
ii. We reserve the right to alter/modify/suspend/discontinue any terms and conditions associated with the Plan including but not limited to the period, rate, services included in the Plan. Further, we shall give you notice of any change made to the features of the Plan prior to the expiry of your applicable Billing Cycle. We may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. We will provide you with advance notice of any change in fees.
iii. The Host or the User will also have an option to host specific locked content in the chat and paid group or channel which can be accessed by other Users by making payment for that particular content/group/channel. Our Services include an option of enabling the User to receive access locked content as direct messages or in Group/Channels upon payment for every such locked messages for one-on-one interaction between the User and the Host (“Micropayments”).
iv. Payment for the Services and the Micropayments by the Users may be processed through the third-party internet payment service providers. By purchasing any Services or by making a Micropayments through the Platform, the User hereby consents and agrees to abide by such third-party internet payment service providers’ applicable terms and conditions and privacy policies. The User agrees and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. In the event such third-party internet payment service providers’ customer terms and conditions or privacy policies are not acceptable to you, please do not purchase such Services or make any Micropayments through the Platform.
8. Cancellation and Refund Policy
Cancellation and refund shall be as per the Cancellation and refund Policy available at Link
9. Use of Your Information and Content and other content displayed on the Platform
ii. We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
iii. You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
iv. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful.
The Company respects the intellectual property of others and ask that our Users do the same.
v. Although the Company is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide us with the following information: (1) confirmation you are owner, or authorized to represent owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that you believe use of the work is not authorized. If your work is removed due to infringement and you believe it is not infringing, please provide us with (a) confirmation you are owner, or authorized to represent owner of intellectual property (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information Please contact us at [email protected] (Subject line: Takedown Request).
10. Third Party Services
11. Rules and Conduct
i. As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
ii. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
iii. Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is 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; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
iv. You will not access the Platform, and/or its Services, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.
v. You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of Your Profile, or any other breach of security, in relation to Your personal information on the Platform.
vi. One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorised usage. The Company reserves the right to disable any such Account from the Platform.
11. (a) Studyem Commerce Terms & Conditions
1. When you offer goods or services for sale, we consider all messages and media related to your goods or services, including any descriptions, prices, fees, taxes and/or any required legal disclosures, to constitute transactions. Transactions must comply with the
policies listed below, and applicable terms, laws and regulations.
2. You are solely responsible for your transactions and providing any sales terms, privacy terms or other terms applicable to your interactions with users.
3. We are not responsible for processing, paying for, or fulfilling any sales relating to your transactions.
4. You are solely responsible for determining, collecting, withholding, reporting, and remitting all applicable taxes, duties, fees and additional charges for sales relating to your transactions.
5. Examples listed below are representative, but not exhaustive.
6. Offers to sell and sales of the following are prohibited:
Illegal products or services
Businesses/creators may not transact in
the operations or exchange of illegal products or services.
Drugs, whether prescription, recreational, or otherwise
Businesses/creators may not transact in the sale of illegal, prescription, or recreational drugs. Manufacturers and
healthcare services who do not engage in direct sale are allowed.
- Drugs, including marijuana and marijuana products
- Drug paraphernalia, including
- Pipes and bongs
- Prescription drugs
Tobacco items and related paraphernalia
Businesses/creators may not transact in the sale of tobacco products or tobacco paraphernalia.
- Cigarettes, cigars, and chewing tobacco
- Tobacco pipes and paraphernalia
- Tobacco rolling machines
- Rolling papers
- Electronic cigarettes (E-cigarettes) or tobacco devices
- Apparel featuring a tobacco brand logo
Businesses/creators may not transact in the sale of alcohol.
- Alcoholic beverages
- Kits for producing alcohol
- Books or DVDs about alcohol
- Alcohol-related items, including glasses,coolers, and wine bottle holders
Unsafe ingestible supplements
Businesses/creators may not transact in the sale of unsafe ingestible supplements, as determined by Studyem in its sole discretion.
- Anabolic steroids
- Human growth hormones
Weapons, ammunition, or explosives
Businesses/creators may not transact in the sale or use of weapons, ammunition, or explosives.
- Firearms and firearm parts
- Paintball guns
- BB Guns
- Pepper spray
- Gun ranges
- Gun shows
- Promoting safety training or licenses for legal weapons
Businesses/creators may not transact in the sale of any animals.
- Live animals
- Prohibited animal parts, including but not limited to bone, teeth, horn, ivory, taxidermy, organs, external limbs,secretions, or carcasses
- Any product or part, including but not limited to leather, skin, hide, fur, wool, or hair from any dogs, cats, and endangered or threatened animals
- Animal cages
- Products for animals (toys, collars, etc.)
- Veterinary services
- Grooming services
- Boarding services
- Pet adoption services
Adult products or services
Businesses/creators may not transact in the sale or use of adult products or services.
- Sex toys
- Videos or live shows for adult entertainment
- Sexual enhancement products
- Sexually suggestive services
Body parts and fluids
Businesses/creators may not transact in the sale of human body parts or fluids.
- Hair extensions and wigs
- Body parts Organs
- Human tissue
Medical and healthcare products
Businesses/creators may not transact in certain healthcare products, including medical devices, and smoking cessation
products containing nicotine. Manufacturers and healthcare services who do not
engage in the direct sales are allowed.
Medical Devices –
- Contact lenses
- Bandages and braces for physical injuries
- Testing kits for medical conditions or diseases
- Breast pumps
- First-aid kits
Smoking Cessation Products-
- Nicotine patches
- Nicotine gum
Items or products with overtly sexualized positioning
Businesses/creators may not position products or services in a sexually suggestive manner.
- Implied nudity
- Implied sexual acts
- Zoomed-in sexual images
Real money gambling services
Businesses/creators may not transact in or facilitate gambling, games of skill, or lotteries, including online casinos, sportsbooks, bingo, or poker if it costs money.
Businesses/creators may not transact in or facilitate online dating services.
Products or items that facilitate or encourage unauthorized access to digital media
Businesses/creators may not transact in the sale of devices that facilitate or encourage streaming digital content in
an unauthorized manner or interfering with the functionality of electronic
- Sale of streaming devices loaded with software that facilitates unauthorized access to content
- Jailbroken or loaded devices
- Jamming or descrambling devices
- Wiretapping devices
Business models, goods, items, or services that we determine may be or are fraudulent, misleading, offensive, or
deceptive, or maybe or are exploitative, inappropriate, or exert undue pressure on targeted groups
Businesses/creators may not transact in deceptive, false, misleading, or offensive offers or products.
- Multilevel marketing
- Penny auctions
- ICOs and binary options
- Payday loans, paycheck advances, P2P lending, debt collection, and bail bonds
- Diet, weight loss, or other health related products that imply or attempt to generate negative self-perception
Real, virtual, or fake currency
Businesses/creators may not transact in the sale of real, virtual, or fake currency.
- Real money (cash or cash
equivalent instruments and coins)
- Replica or prop money
- Digital or cryptocurrency
- Active bank credit or debit cards
- Store credit cards or coupons
- Pre-paid credit or debit cards
- Checks or checkbooks
- Equipment to create counterfeit currency or financial instruments
Digital and subscription services, including links to or processing of any subscription sales, renewals, or upgrades
Businesses/creator may not transact in the sale, including renewals and upgrades, etc., of digital content, digital subscriptions, or digital accounts.
- Downloadable content, including PDFs, music, games, movies, etc.
- Digital accounts, including games accounts
- Digital subscriptions and internet streaming services, including TV, Mobile, etc.
- Digital coupons
- Authentic audio or video CDs, DVDs, and Blu Ray
- Digital devices, including Smartphones, video game consoles, and TVs
Transactions may not contain content that infringes upon or violates the intellectual property rights of any third
party, including copyright or trademark. This includes, but is not limited to,
the sale of counterfeit products, such as goods that copy the trademark (name
or logo) and/or distinctive features of another company’s products to imitate a
- Counterfeits, knockoffs, or replicas of branded
goods, or posts offering goods that are likely to confuse consumers about the source, sponsorship or affiliation of those goods.
- Unauthorized or pirated copies of copyrighted works, such as videos, movies, TV shows and broadcasts, video games, CDs or other musical works, books, etc.
12. Alerts Provided by The Company
i. The Company provides you with multiple automatic alerts while providing Services
ii. You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
13. Contact You
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
i. Obtaining feedback in relation to Platform or our Services;
ii. Obtaining feedback in relation to any other Users listed on the Platform;
iii. Resolving any complaints, information, or queries by other Users regarding your critical Content; and
iv. You agree to provide your fullest co-operation further to such communication by Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.
14. Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you. Excluding Your Account information, you acknowledge that the Platform, the entire Content, Services, and all the intellectual property rights, including copyrights, patents, trademarks, designs, and trade secrets in relation to the above are solely owned by us.
15. Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
i. violating or attempting to violate the integrity or security of the Platform;
ii. transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
iii. intentionally submitting on the Platform any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
vi. circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
vii. Any unlawful activities in the Platform which are prohibited by laws of India
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
16. Company and User Materials
While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit various materials to Company in the form of audio/video/image/written content, (“User Materials”). User hereby provides Company with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement.
We reserve the right, at any time and in with sole discretion, to change, modify, or amend the Platform (in whole, or in part) or any of its Services or Content (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification or amendment of the Platform or its Services, or any part thereof.
The Company offers an chat-based support system along with an online knowledge pool of FAQs. In case you require any assistance or support, you may access support resources or contact our support by emailing at [email protected] and raise a ticket for your query.
The Company shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
i. Termination/ Suspension of Services:
We have the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but shall not be obliged to, give You notice of any interruption of access to the Service. We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The intent to temporarily suspend access for pre-scheduled maintenance shall be communicated to you 48 hours in advance via email to the email id provided by you upon creation of your Account. If you choose to access the Platform or avail Services during such pre-scheduled maintenance, we cannot guarantee the availability of the Services and/or functionality of the Platform.
ii. Termination/ Suspension of Accounts:
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
THE COST OF PROCUREMENT OF THE SERVICES RESULTING FROM ANY DATA, CONTENT OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR NOT OBTAINED OR RECEIVED FROM ANY PAID GROUP/CHANNEL OR ANY HOST OR OTHER USER IS SOLELY AND ENTIRELY AT YOUR OWN RISK. YOU HEREBY ACKNOWELEDGE AND AGREE THAT WE PROVIDE NO GUARANTEE OR SURETY OF ENGAGEMENT BETWEEN YOU AND THE HOST/OTHER USER UPON PAYMENT AND TAKE NO RESPONSIBILITY OF ENSURING FULL SCALE INTERACTION BETWEEN YOU AND THE HOST AND THE OTHER USERS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL SHALL ONLY PROVIDE TRUE AND CORRECT INFORMATION AND IN THE CASE OF CREATING A PROFILE YOU UNDERTAKE TO AT ALL TIMES KEEP THE INFORMATION UP TO DATE. UNDER NO CIRCUMSTANCES THE COMPANY WILL BE LIABLE ON ACCOUNT OF ANY INACCURACY OF INFORMATION PROVIDED BY YOU ON THIS PLATFORM. IT IS THE RESPONSIBILITY OF THE USER TO FURTHER RESEARCH THE INFORMATION ON THE SITE
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
22. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
23. Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
i. your failure to cooperate;
ii. your unavailability and/or unresponsiveness;
iii. your failure to provide accurate and complete information;
iv. your failure to provide or facilitate the submission of User Materials in timely manner;
v. any event beyond Company’s reasonable control.
24. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Jaipur, Rajasthan, India and you hereby accede to and accept the jurisdiction of such courts.
I. For the Attendee, these Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
II. If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
III. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
IV. The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
V. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
VI. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
26. Grievance Redressal Mechanism
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Attention: Ranu Meena, Director
Email ID: [email protected]
6MB/130, Indira Gandhi Nagar, Jagatpura, Jaipur 303012, Rajasthan, India
In furtherance of the Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) rules 2020 nodal officer appointed to ensure compliance with the Act and E-commerce Rules is as follows:
Name: Ranu Meena
Contact Details: [email protected]
Designation of such officer: Director
The grievance officer will acknowledge the receipt of any compliant within 24 hours and redress the complaint within 15 days from receipt of the complaint.
If you have any questions regarding the Services or usage of the Platform, please contact Company at [email protected] Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.