Terms and Conditions
Last modified: November 2024
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Nature of Terms
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Legal Compliance
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Changes to the Agreement
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Applicable Age
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Registering an Account
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Closing an Account
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Information Collection
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Promotional / Advertisement Material
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Reviews
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Independent Contractor
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Termination
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Changes in Website/Application
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Prohibited Activities
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Ownership and Licensing (End User License Agreement)
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Intellectual Property Rights
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Disclaimers of Warranties
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Limitation of Liability
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Services and Payments
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Exclusion of Liability
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Third Party Links
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Indemnification and Waiver
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Dispute Resolution
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Governing Law and Jurisdiction
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Contact Information
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General
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Disclaimer
https://www.fieldez.com, (herein after referred as “FieldEZ), having its registered office located at 8/2, Ulsoor Rd, Bengaluru, Karnataka 560042, India is the operator of the website https://www.fieldez.com. https://www.fieldez.com on behalf of itself and its affiliates/group companies under the brand(s) “FieldEZ”, is the owner, proprietor, operator, author and publisher of the Application/Website (App), https://www.fieldez.com.
These Website’s / Application’s terms and conditions (the “Terms”) bring together all the Website/Application (App) policies, terms and conditions of use and other information about using the Website/Application. The Terms also govern user’s use of the Website, Desktop and Mobile Application, Privacy Policy and anywhere that these Terms are posted. Please read the Privacy Policy and Terms carefully. If you do not agree with these Terms, then please do not use the Website/Application. If you do use the Website/Application, then your conduct confirms that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. If you use the Website/Application after any such revisions take effect then you will be taken to have agreed to the revised Terms.
The Website/Application herein shall mean a computer program or software application designed to run on computer, laptop, mobile device such as a phone, tablet, or watch or any other medium through which our website or application can be accessed. These applications or programs may be hosted on the cloud, and/or run on the computer/laptop or mobile devices as the case may be. Website shall include the Application under this Terms of Use. The term ‘services’ in these Terms also includes “products” / “goods” / “solutions” / “support” / “services”, wherever applicable.
Nature of Terms
- The Terms and Conditions (herein after referred as T&S) should be read carefully along with the Privacy policy available on our website (Privacy Policy). This Agreement forms a legally binding contract between FieldEZ and user and in relation to user’s access to and use of the Products/ Services. For the avoidance of doubt, the terms “you” or “your” shall refer to the “User” that is accessing and using the Products/ Services, Application, Website and / or Social Media Handles(s) and “we”, “us” and “our” shall refer to FieldEZ and user individually be called as party and collectively called as parties. Social Media Handles (hereinafter referred to as “SMH”) shall include all platforms such as Facebook / Meta, Instagram, YouTube, Twitter / X and other such Social Media Handles including websites and mobile applications which can be used by us for our promotional and other business-related activities.
- If you do not agree to the terms of the Agreement, you should not use the Products/ Services of this Website/Application/SMH. At any point while using the Website/Application/SMH, if you feel that you do not wish to follow T&S or do not agree with Privacy Policy, you must close the Website/Application, remove/uninstall/unfriend/unfollow it from your computer /laptop/ mobile or any device on which you are using the Website/Application/SMH and stop using the same for future reference.
- By accessing or downloading the content of the Website/Application/SMH to use the Products/ Services, you irrevocably accept all the conditions stipulated in this Agreement, Terms of Service and Privacy Policy, as available on the Website/Application, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website/Application / Social Media Handle to avail the Products/ Services. By availing any Product/ Service, you signify your acceptance of the terms of this Agreement.
Legal Compliance
- The Agreement is published in compliance of, and is governed by the provisions of following laws, including but not limited to:
- The Indian Contract Act, 1872,
- Digital Personal Data Protection Act, 2023
- The (Indian) Information Technology Act, 2000,
- The Information Technology (IT) Rules 2021 of India, other Data Protection laws of India, and other prevalent acts or laws including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “SPDI”) Rules, as amended from time to time.
- General Data Protection Regulation (EU GDPR) the rules, regulations, guidelines and clarifications framed there under
- Australian Privacy Act, 1988 and Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022of Australia
- Data Protection Act, 2018 of U.K. / U.K. General Data Protection Regulation (U.K. GDPR) and
- The data protection laws of the USA.
Changes to the Agreement
FieldEZ last modified this Agreement on the date stated at the beginning of this Agreement. FieldEZ reserves the right, in its sole discretion, to change, modify, add, or remove all or part of any of the documents comprising the Agreement at any time and agrees to give notice of any material changes by posting such changes on the Website/Application/Social Media Handle. You are advised to check the Website/Application/Social Media Handle regularly for any changes or updates. Your use of Website/Application/Social Media Handle indicates its acceptance of the changes and updates.
Applicable Age
- In order to use this Website/Application/SMH the required applicable age is Eighteen or Eighteen Plus years (18 or 18 plus years).
- By visiting and using the Website/Application/SMH, you represent and warrant that you are 18 years of age or older, and you have the right, authority and capacity to use the Application and the Products/ Services available through the Website/Application/SMH.
- If the person is below eighteen (18) years, the Products/ services should be used under parental and / or guardian’s guidance. In case the child has not attained the specific age and still wishes to use the Website/Application/SMH, parents and guardians shall be responsible for their child’s acts.
Registering an Account
- When registering for an account on the Website/Application or following or using SMH, you warrant that all information you provide is true and accurate to the best of your knowledge and belief.
- We reserve the right to refuse to register any user without having to give reasons for such refusal.
- You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.
Closing an Account
- If you wish to close an account you have registered with us, kindly email us at [email protected].
- We may close your account at any time if we believe you are in breach of these Terms or if, acting reasonably, we believe it appropriate to do so. Should we close your account, we may or may not provide you notice of such closure to the email under which you registered on the Website/Application.
- We may choose to close your account, with or without providing any reason, at any time. Closing of account may mean the automatic deletion of all your data and records.
Information Collection
- FieldEZ reserves the right to collect your personal information as defined in Privacy Policy in detail available on our website. We collect certain information (as defined in Privacy Policy) to improve our Products/ Services and enhance user’s experience.
- We shall not be responsible in any manner under any circumstance for the authenticity of the personal information or sensitive personal data or information supplied by the User to us or to any other person acting on behalf of us.
- If any user provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or is given or used for any purpose that is illegal, we have the right to discontinue the Services to the User at our sole discretion.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for usage of the User’s account and password.
- The User shall immediately notify us of any actual or suspected unauthorized use of the User’s account or password. Upon receiving such information / intimation, we will try our level best to restrict the access of the unauthorized use within a reasonable time.
- We are not liable for your losses caused by any unauthorized use of your account.
- You may be held liable for the losses to FieldEZ or such other parties as the case may be, due to any unauthorized use of your account.
Promotional / Advertisement Material
- We reserve our rights to send you the promotional material / advertisement through WhatsApp / emails / phone calls / SMS / Social media / Application or any other electronic or non-electronic medium. If you do not want to receive such material, kindly write to us at [email protected].
Reviews
- We reserve our rights to display or not display / put out your reviews / comments about our company on our Website/Application/SMH and promotional material, annual report and other publications. If you do not want us to display / use the reviews for our promotion, kindly write to us at [email protected].
Independent Contractor
The relationship between FieldEZ and Users is that of independent contractors. No one shall be considered an agent or representative of the other Party for any purpose, nor shall either hold itself out to be an agent or representative of the other for any purpose. Each party will be solely liable for its own activities and those of its agents, personnel and employees. FieldEZ will not be liable in any way for the activities of the other Party or the other Party’s agents or employees arising out of or in connection with:
- any failure to perform any of the contract, terms, covenants or conditions of this contract;
- any negligent act or omission or other misconduct;
- the failure to comply with any applicable laws, rules or regulations; or
- any accident, injury or damage.
- any business impact to the user, or its representatives, because of the usage of our website / application / SMH / products / solutions / services / employees, or 3rd party applications / partner offerings.
- any risk arising from the usage of our website/application/SMH/services.
Termination
FieldEZ reserves the right to terminate this agreement and your use of the Website/Application immediately, without notice, if you fail to comply with any provision of this Agreement or otherwise at its own discretion. According to this section or other sections of this agreement, FieldEZ may terminate your ability to continue to use Website/Application’s services temporarily or permanently in case:
- you breach any terms and conditions of the Agreement;
- a third-party reports violation of any of its right as a result of your use of the Services;
- we are unable to verify or authenticate any information provide;
- we have reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or/and
- your actions may cause legal liability.
Creation of duplicate account is strictly prohibited. Under no circumstance the User will be allowed to make duplicate account.
Changes in Website/Application
We are constantly innovating in order to provide the best possible experience of the Website/Application to you. Accordingly, you acknowledge and agree that from time to time, and without prior notice, we may in our sole discretion:
- release updates to the Website/Application; or
- prevent you from accessing the Website/Application (permanently or temporarily) or certain features within the Website/Application.
You may occasionally experience interruptions, delays or errors when using the Website/Application/Social Media Handle as a result of internet or other connectivity / availability issues beyond Website/Application’s control, technical problems or scheduled downtime for maintenance. We will try to minimize these incidents, but cannot prevent them from occurring.
Prohibited Activities
You must not:
- upload, post, email, transmit or otherwise make available any Content that:
- is harassing, threatening, indecent, obscene, pornographic, libelous, defamatory or otherwise objectionable, unlawful or tortious, harmful to children, or which violates third party privacy rights, as determined by Website/Application/SMH at its sole discretion;
- is fraudulent, false, misleading or deceptive;
- infringes or may infringe the intellectual property rights of others;
- contains spam or otherwise duplicative or unsolicited messages in breach of any applicable laws, rules and regulations;
- contains software viruses, malware, worms, time bombs, trojan horses and other harmful or malicious code, files, scripts, agents or programs
- use any deep-link, robot, spider or other device or process to access or acquire, copy or monitor any portion of the Website/Application/SMH;
- attempt to gain unauthorized access to any portion or feature of the Website/Application/SMH, or any other systems or network connection to the Website/Application/SMH, or to the Website/Application/SMH by hacking, password mining, social engineering or any other illegal means;
- probe, scan or test the vulnerability of the Website/Application or any network connected thereto;
- breach the security or authentication measures on the Website/Application/SMH or any network or systems connected thereto;
- decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct or discover any source code, underlying ideas or algorithms in connection with any aspect of the Website/Application/SMH or try to solicit unauthorized information from employees or team members about the company;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website/Application/SMH including denial of service attacks;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website/Application/SMH or with any other person’s use of the Website/Application/SMH;
- interfere with or disrupt the Website/Application/SMH or servers or networks connected to the Website/Application/SMH;
- collect or store personal data about users of the Website/Application/SMH other than in accordance with this agreement and your use of Services;
- copy or reproduce all or any part of the Website/Application/SMH whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization;
- republish, upload, post, transmit, disclose, or distribute (in any format) the Website/Application/SMH (or any part) except as permitted by this agreement;
- remove, relocate or otherwise alter any proprietary rights notices from the Website/Application/SMH (or any part thereof);
- modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website/Application/SMH in any manner; or
- exploit the Website/Application/SMH or Services in any unauthorized way whatsoever;
Ownership and Licensing (End User License Agreement)
- FieldEZ grants to you a non-exclusive, non-transferable, revocable license on subscription basis, to use the Website/Application on devices owned by you and to access and use the Website/Application for your official use only in accordance with the Agreement and without the right to sub-license or assign in any way. We may from time to time upgrade, update or modify the Website/Application release new versions of Website/Application or create new related modules, each of which may, at FieldEZ’s sole discretion, be included in this license.
Intellectual Property Rights
- Intellectual property rights in or related to the Website/Application/SMH, remain the sole and exclusive property of Fieldez and its licensors. All right, title, and interest associated with the Website/Application/SMH, are exclusively owned by FieldEZ.
- The Service contains Content provided by Website/Application/SMH, including, without limitation, text, images, video and logos (“Website/Application pass Content”). Website/Application’s Content is protected by copyright, trademark, patent, design and intellectual property and other laws, and FieldEZ owns and retains all rights in the Website/Application/SMH Content and the features and functionality of the Subscription Services.
- You are not granted any rights or sub-license in or to the Website/Application, trademarks, service marks, graphics or logos, which are and will remain the sole and exclusive property of FieldEZ.
- All intellectual properties promoted via logos/ taglines / details of customers / technology employed / business model / Copyright etc. used by us to promote itself via various SMH shall remain our sole property.
- All copyrights arising out of the said promotional / marketing content produced and shared by us on their SMH shall be our property.
- We have right to post pictures/videos of the events happening in office or outside office premises, organised by office. We have right to post the picture(s)/video(s)/comment(s) / text(s) / audio(s) and / or any other material posted of the employees and that shall remain our sole property.
- In case we win any award, we may post the pictures of the events on our SMH including logo of the event, logo of media houses where their news/pictures are posted. However, the we do not claim any right over the intellectual property created by the event media houses. The said IP shall be used only for research and representational purposes.
- Any person infringing our intellectual property rights shall be liable for action under the appropriate laws.
- We at FieldEZ respect the intellectual property of others. If your intellectual property is being violated by any Third party on our website, we request you to write to us at [email protected] along with the required proofs. We shall review your complaint and if complaint is found to be valid, we shall take action upon the said infringement / passing off at the earliest.
Disclaimers of Warranties
- The Website/Application/SMH is provided “as is” and “as available”. FieldEZ expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, any implied warranties and conditions of accuracy, merchantability, fitness for a particular purpose and non-infringement. Further, FieldEZ makes no warranty that:
- the Website/Application/SMH services provided will meet users’ requirements;
- the Website/Application/SMH and services provided will be available on an uninterrupted, timely, secure, or error-free basis;
- the results that may be obtained from use of services and Website/Application/SMH will be accurate, timely, or reliable; or
- the quality of services will meet your expectations.
- FieldEZ does not accept responsibility for any technical failure of the Website/Application/SMH and / or internet or cloud hosting or any damage or injury to the users or mobile, mobile devices, computer, laptop, servers, computer network or any other equipment as a result of or in relation to the use of the Website/Application/SMH. FieldEZ shall not be held responsible for any uncontrollable security attack leading to failures of accuracy and integrity of information on the Website/Applications/SMH and in such cases, you agree that FieldEZ shall not be held responsible for any type of losses that may occur to you under the Provisions of inter alia Section 43 and 43A of Information Technology Act, 2000 and including any amendments in the said Act or under any other provision of law.
- The content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors or omission. FieldEZ makes no representations about the results to be obtained from using the Website/Applications/SMH or the contents thereof. The use of the Website/Applications/SMH and the contents is at your own risk. Tips and advice noted on the Website/Applications/SMH might or might not work for everyone or every time or everywhere.
- Whilst every effort is made to ensure accurate functioning of functional modules, extensions, code base or integrations as possible; their accuracy can only be as good as the information provided by the suppliers of the services, extension, code base or suppliers (in case of integrations). The Website/Application/SMH are dependent on many factors to function as depicted or illustrated or described and thus FieldEZ cannot and does not ensure any comprehensive cover for the functioning.
Limitation of Liability
- You will have no claims against FieldEZ and in no event will FieldEZ, its affiliates or its licensors be liable for any damage, claim or loss incurred by you, including, but not limited to, direct, indirect, compensatory, incidental, special, consequential or exemplary damages, or damages for personal injury or disability or death, business interruption, loss of information, loss of privacy, loss of profits or revenue incurred by you or any third party irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims arising from your access to, or use of, or inability to use the Website/Application/SMH.
- We make no warranty that this Website/Application/SMH (or Website/Applications/SMH which are linked to this Website/Application/SMH) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program.
- The pages/screens/prompts/logic in this Website/Application/SMH may contain technical inaccuracies and typographical errors.
- The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
- The information on the Website/Application/SMH does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other decisions of any sort. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.
- Neither FieldEZ nor its agents, subcontractors, representatives or employees will be liable to you in any way with respect to your use of the subscription services / Website/Application/SMH.
Services and Payments
- In order to avail services provided by us, you may kindly visit our website or Application. You can also make secured payments through our Website and Application.
- We have ensured that our payment gateways are secured enough for making safe payments on our platform. We take all reasonable measures to avoid fraudulent activity or fraudulent monetary transactions. You are requested to not to share your account details, passwords, payment method details, credit/debit card details, bank transfer details, OTP and other relevant information with anyone. We shall not be held liable under any circumstance for any fraudulent activity or fraudulent monetary transactions by any third party. In case any unauthorized transaction comes under your notice, you must immediately inform us at [email protected].
Exclusion of Liability
- The information contained in the Website is only for informational purposes.
- In no event do we accept liability of any description (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website/Application/SMH including, without limitation:
- loss of business;
- loss of revenue and / or earnings;
- loss of profits;
- loss of anticipated savings;
- special loss; or
- consequential loss.
- personal injury, or loss of life or limb
- We make no warranty that this Website/Application/SMH (or websites or 3rd party applications which are linked to this Website/Application/SMH) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program.
- The pages in this Website/Application/SMH may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
- The Website/Application/SMH may contain content or code or applications supplied by third parties including information providers and users of the internet. Any opinions, advice, statements, services, offers, reviews or other information or content or code or applications expressed or made available by third parties, including information providers, or users, or tutors or distributors or partners are theirs and not ours. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website/Application/SMH.
- The information on the Website/Application/SMH does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or business or personal or other decisions of any sort. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.
Third Party Links
- This Website/Application/SMH and the website may be linked to other Applications and / or websites that may have different terms of use or privacy policies. A hyperlink to a third-party website or link to access a third-party Website/Application/SMH does not mean that FieldEZ endorses or accepts any responsibility for the content or the use of the Application or linked website. FieldEZ has no control over the content of these third-party Applications /Websites and if you choose to access any of the Website/mobile Applications or third-party websites linked to this website, you do so entirely at your own risk. We recommend that you refer to those Applications and websites for the appropriate information.
Indemnification and Waiver
- By using the Website/Application/SMH and services, you agree, to the fullest extent permitted by law, to indemnify and hold FieldEZ, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless with respect to any claims (including third party claims) arising out of
- the agreement;
- your use or access to the services and the Website/Application/SMH;
- the promotional content including, without limitation, your failure to honor any of your commitments regarding the offers and rewards.
- You cannot sue or recover any damages from FieldEZ, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors as a result of its decision to
- remove or refuse to process any information or content,
- warn you, suspend or terminate your access to the Website/Application/SMH, or
- take any other action during the investigation of a suspected violation or as a result of Website/Application/SMH’s conclusion that a violation of the agreement has occurred.
- This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
Dispute Resolution
- All questions, disputes and differences arising under or in relation to the Agreement shall be amicably settled through good faith negotiations. The Parties shall engage in such good faith negotiations for a minimum period of seven (7) days starting from the date such question, dispute or difference is first communicated in writing by a Party (‘negotiation Period’). Such negotiation shall be deemed to have failed in the event either Party notifies such failure to the other in writing upon completion of the negotiation Period.
- Notwithstanding anything stated in these Terms of Use, FieldEZ shall at all times have the right to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other relief to preserve the status quo or prevent irreparable harm.
Governing Law and Jurisdiction
- This agreement shall be governed by the laws of arbitration of India. The seat, place and venue of arbitration shall be Bangalore and language of arbitration proceedings shall be English. The Parties hereby agree to the jurisdiction of the single arbitrator appointed by FieldEZ.
Contact Information
- Should you have any query, feel free to reach out to us through our email id [email protected].
- You are free to share your feedbacks and help us in improving our services. You can also reach out to us or share feedback through [email protected].
General
- If we fail to enforce, or delay in enforcing, any of our rights under these Terms and / or Privacy Policy, that does not result in a waiver of the rights concerned.
- If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions contained herein.
- No terms are enforceable under the Indian Contract Act 1872 (read with prevalent amendments) by a person who is not a party to the agreement.
- You may not sub-license or assign any of the rights or obligations under these Terms.
- We may sub-contract the performance of any of our obligations without providing any notice to you. We may assign any of our rights or obligations to someone else without providing any notice to you.
Disclaimer
- WE ARE COMMITTED TOWARDS PROVIDING YOU THE MOST EXCELLENT DELIVERIES. IN THIS ENDEAVOR WE ALWAYS TRY TO IMPROVISE OUR PRODUCTS AND SERVICES. HOWEVER, THERE ARE CERTAIN LEGAL AND TECHNICAL OBLIGATIONS THAT WE MUST ABIDE BY BECAUSE OF WHICH WE MAY NOT BE ABLE TO PROVIDE YOU FLAWLESS SERVICES IN CERTAIN CIRCUMSTANCES. WE DO NOT REPRESENT OR WARRANT THAT:
- THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY;
- THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR
- THAT ANY CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
Contacting Us
Please submit any questions you have about this TOS or any problems concerning the Website/ Application/SMH by emailing us at [email protected].