Effective Date: 11th May, 2020
Last Updated: 17th Feb, 2022
- Revisions to Terms.We reserve the right to change these Terms on a going-forward basis at any time, effective as of posting. Please check these Terms periodically for changes. However, if a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue to use the Service. If no response is received within 72 hours of the notification being sent to you, we will consider your acceptance to our modified terms automatically. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Use of the Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of Eighteen (18) years, you may use the Platform only with the involvement of a parent or guardian.
- Account Creation and Your Account
- Each user of the Service is a “User”. The Service requires you to create an account by providing a valid email address and other information as prompted by the questionnaire. You represent and warrant that the information you provide to us upon registration and at all other times will be accurate and complete. We reserve the right to terminate your account.
- Your Log-In Credentials.You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You must notify us immediately at email@example.com, if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. We will not be liable for any loss or damage arising from unauthorized use of your credentials.
- Authority to create account. You represent and warrant that if you create an account and use the Service on behalf of a business entity (e.g., a corporation), then you have the authority to bind the business entity in legal agreements and contracts and, by using the Service, bind such business entity to these Terms.
By using the Service / Campaign or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, customer service, and other administrative issues relating to your use of the Service / Campaign. If we learn of a security system’s breach, then we may attempt to notify you electronically sending an email to you. In such event, you shall have the right to terminate your account with us and these Terms subject to the provisions of Sections 5 and 6 of the Terms of Service, however the Company shall not be held liable for any refund or claims arising out of such termination.
- Any person accessing the Platform shall be bound by these Terms and Conditions, and all other rules and regulations referred to herein or provided by the Company;
- The Platform shall be entitled to modify these Terms and Conditions, and rules and regulations referred to herein or provided by Company in relation to any of the Services / Campaign, at any time, by posting the same on the Platform. Use of the Platform in any manner whatsoever constitutes the User’s acceptance of such Terms and Conditions, and rules and regulations referred to herein or provided by Platform in relation to any services and the Campaign, as may be amended from time to time. The Platform may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, and rules and regulations referred to herein or provided by the Platform, by way of sending an email to the User’s registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, and rules and regulations referred to herein or provided by the Platform. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, and rules and regulations referred to herein or provided by Platform;
- Platform may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User’s access to all or any part of the Platform;
- Change, suspend, or discontinue all or any part of the Services / Campaign;
- Reject, move, or remove any material that may be submitted by a user;
- Move or remove any content that is available on the Platform;
- Deactivate or delete a user’s account and all related information and files on the account;
- Establish general practices and limits concerning use of the Platform; or
- Assign its rights and liabilities to all user accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email IDs).
- In the event any User breaches, or Platform reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used the Platform, the Platform may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of Platform offers/deals or the Platform, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on platform and further, take technical and legal steps as it deems necessary;
- Users consent to receiving communications such as announcements, updates, administrative messages and advertisements from the Platform.
- Your License to Us and Other Users
- We Claim No Ownership.You or a third-party licensor, as appropriate, retain all intellectual property rights to the content you share to the Service and the Campaign. This also means that you are responsible for protecting any of your rights in your content.
- You Must Have Rights to the Content You Post.Do not Post any content to the Service or the Campaign, if you are not the copyright owner of, or are not fully authorized to grant rights in, all of the elements of the content you intend to upload to your website/product. You represent and warrant that: (i) any content you post to the Service / Campaign is truthful, accurate, not misleading, and offered in good faith, (ii) you own the content you post on or through the Service / Campaign or otherwise have the right to grant the license set forth in these Terms; (iii) the POSTING and use of your User content on or through the Service / Campaign does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (iv) the Posting of your User content on the Service / Campaign will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (v) the posting of your content on the Service / Campaign does not result in a breach of contract between you and a third party. You must pay all amounts owed to any person as a result of posting your content on the Service / Campaign, including any subsequent posting to the Service / Campaign by any Users who have accessed your content.
- Through-To-The-Audience Rights.All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of Third Party Sites will not have any separate liability to you or any other third party for content posted or used by or through such Third Party sites via the Service / Campaign.
- Our Content, Ownership and Use
- The Service and the Campaign are owned and operated by Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Company are protected by intellectual property and other laws. All Materials included in the Service are the property of Company or its third party licensors. Company reserves all rights to the Materials not granted expressly in these Terms.
- Your Use of the Service, Campaign and Materials.You may not: (a) reproduce, distribute, publicly display, or publicly perform the Service or run the Campaign; (b) make modifications to the Service Campaign; or (c) interfere with or circumvent any feature of the Service / Campaign, including any security or access control mechanism. If you are prohibited under applicable law from using the Service / Campaign, you may not use it.
- Digital Footprints India, Bridgekash International Private Limited, other Company logos, and Service and Campaign names are or may be our trademarks (the “Company Marks”). Without our prior written permission, and except as solely enabled by any link we provide, you may not display or use in any manner the Company Marks.
- We shall use your name and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and/or additional compensation whatsoever. During such promotions or publicity, we shall only advertise the Service/s we rendered you, which is accessible to any person on the web sphere and not disclose any proprietary information or confidential information or workings of your business with anyone. Furthermore, this publicity shall be with the aim to enhance our portfolio and share our website building prowess and design capabilities. In no way shall it concern your business or the workings thereof.
- Third-Party Services.The Service and the Campaign may link to websites owned by third parties or use services of third parties (“Third Party Sites”) to build the Product. We are not responsible for these Third Party Sites, whether or not we are affiliated with such Third Party Sites. Through our use, we do not endorse the organizations sponsoring such Third Party Sites or their products or services. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a Third Party Site or as a result of the presence of any third-party advertising on the Service / Campaign.
Terms of Service
BY ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS . IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND THE COMPANY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY COMPANY AND YOU TO BE BOUND BY THESE TERMS.
AS FURTHER DESCRIBED BELOW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN CIVIL SUITS OR CLASS ACTIONS. THESE TERMS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, TO THE FULLEST EXTENT PERMITTED UNDER LAW. Please review Section 6 of these Terms of Service for the details regarding your agreement to arbitrate any disputes with Company.
- The Service
- Our “Service/s” include all services mentioned below and any other services / business verticals that we may introduce or discontinue in future at our sole discretion, without assigning any reason thereto. The delivery time of any Service/s shall be in conformity with the scope defined in the contract.
|Sr. No.||Name of the Service||Description||Type of Role|
|1||Website design||UI/UX and development for static, dynamic, e-commerce website||Create, manage, and consult|
|2||Graphic design||Logo and branding, social media posts, advertising collaterals, and themes for print and digital media|
|3||Mobile app design||UI/UX, prototype on platforms like InVision ,video prototyping|
|4||Open source development||Enterprise solutions like pluggin, cross platform, custom.net development, migration|
|5||Software development||SAAS and database architecture|
|6||Mobile application development||Android, IOS, native app development|
|7||Quality analysis and testing||Software, web testing, dataware house, and business intelligence service|
|8||Digital marketing||Social media, SEO, PPC, email marketing, content generation, video marketing, SMS service, PR and outreach, affiliate marketing, and lead generation|
|9||Game development||Facebook, windows, flash XNA, and unity 3D game development|
|10||Web hosting services||Web hosting, email hosting, SSL, AWS, dedicated servers and IP|
|11||Cloud computing||Cloud services on AWS and Google cloud to support all applications|
|12||Big data analysis||Quantitative, qualitative, online research, market entry, conjoint analysis, mystery shopping, forecasting, and DRaaS|
|13||Embedded system||Automation, software, testing|
|15||Internet of things|
|16||Java/J2EE||Software and mobile application, and custom java implementation|
|17||Customer service for the clients||All maintenance and support|
|18||Custom solutions||May include one and/or more from above services|
- In addition to the above, any other services that may be introduced by us in future, from time to time, whether or not updated in these Terms, shall also be included under the ambit of Services.
- Website shall be developed by us either under the Campaign or separately as agreed with you. Should you require e-commerce functionality delivered, a separate quote can be provided to you for the same by our team, upon the following conditions:
- Separate quote shall be provided (not a fixed cost, but as an add on) depending on your requirement;
- 50% of our fees shall be payable in advance upon contract sign-off;
- Categorization of your products / services;
- Customizability and custom functions of the website shall depend on your requirement;
- One-time product import from our end;
- One-time training.
- Should you require more detailed support with respect to your website or ecommerce functionality, please contact us at i and our team will assist you with the required information to suit your requirements.
Submission of Information, Modification, Termination & Refund
- The Platform allows the User to create an account which shall allow them to monitor the progress of their order.
- The User can submit the required information for the Service they wish to avail, at any point during the entire process, until such Service is rendered in full.
- Any sum of money spent on a User account, by the Company, is not be refundable at any point of these Terms. The Company follows a strict ‘no refund’ policy for all of its Services.
- In the event you intend to stop availing the Service/s, you are required to give to the Company, a Thirty (30) days’ prior notice via [●].
- Customer Service
Subject to these Terms and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Platform and the Services on a Twenty-Four (24) hours a day, Seven (7) days a week. You acknowledge and agree that from time to time this Platform may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Platform or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
- Billing and Payments
- All Services offered by us except Campaign, fall under this scope;
- Payments may be made by credit card or cheque or payment gateway as the case may be;
- Unpaid invoices will accrue an interest rate of 2% per month until fully paid;
- We reserve the right to discontinue the services in case the invoices are unpaid;
- The project attracts a cost of Rs. 500 (Indian Rupees Two Thousand Five Hundred only) per hour, for new custom functionality development after initial design is completed;
- The quotation provided is based on the scope of work defined. If there are any substantial variations and/or additions beyond the scope of the project defined, we reserve the right to determine if additional fees are payable;
- Last slab of payment to be completed before website goes live (unless on a monthly payment plan has been agreed); and
- All costs incurred in the collection of the unpaid invoice including, but not limited to reasonable legal fees and cost, shall be recoverable.
- One (1) year warranty will be provided on the website built under Services as mentioned above in Section 1 of these Terms of Service, only if the client has not modified our code.
- What is covered?
- The warranty provides assurance that the website will meet its functionality specifications. This warranty covers for any bugs (programming errors) or defects reported to us. Any bugs reported will be fixed at no additional charge to the client.
- A ‘bug’ is considered any website feature which no longer functions as it did during the User Acceptance Testing (“UAT”) phase. A ‘defect’ is considered a significant issue which impedes the main functionality of your website.
- Warranty does not include changes/updates requested by client of any nature after handover has been done.
- Warranty is limited to the core functionalities and features of the website.
- Any bugs related to third party servers, third party database integration, third party software (including open source CMS), third party plug-ins are not cover under the warranty.
- Warranty is forfeited if:
- The codes are accessed by anyone other than our member/s;
- Warranty will not be honoured if any of the payments are over-due;
- Issues caused by third party plugins or modules; and
- Issues caused by any changes requested by you after the UAT phase.
- Further Conditions
- Should you not have a domain or a hosting platform, the domain, hosting, SSL certificate and other add-ons have to be mandatorily purchased through Us, for which the payment shall be processed using Our reseller account, including purchase of security plans with added advantage of Twelve (12) months support plan. Our team will assist you in making such purchase.
- Should you have already purchased your domain, hosting or email service, no warranty, support or liability for breach shall be covered by us. In case you want to migrate your data from your previous host and email to ours.
- We do not claim ownership and are not responsible for information, data, text, software, music, sounds, photographs, pictures, graphics, videos, messages, files or other materials submitted by you.
- You are entirely responsible for all the content uploaded, posted, emailed or otherwise transmitted via the website builder or the Platform. You are solely responsible for your User content you submit for the Service/s. You assume all risks associated with your User content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your User content contains material that is false, intentionally misleading, or defamatory, violates third-party rights, or contains material that is unlawful or advocates the violation of any law or regulation. Additionally, you are solely responsible for maintaining backup copies of any User content you upload to the Service/s. We are not responsible for the deletion or unavailability of any User content.
- Website, domain, hosting will be owned by you.
- Right to mention Our name and name of the Service.
You mandatorily give us the unequivocal right to mention “Designed and Developed by Bridgekash International Pvt. Ltd” in footer of the Service/s we have designed for you.
- We shall use your name and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and/or additional compensation whatsoever. During such promotions or publicity, we shall only advertise the Service/s rendered to you, which is accessible to any person on the web sphere and not disclose any proprietary information or confidential information or workings of your business with anyone. Furthermore, this publicity shall be with the aim to enhance our portfolio and share our website building prowess and design capabilities. In no way shall it concern your business or the workings thereof.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
If the User has any questions, comments, or concerns, please contact us at firstname.lastname@example.org or by normal/physical mail addressed to:
Bridgekash International Private Limited
Office No. 1, Anantlaxmi Chambers,
Near Waman Hari PetheSons, Dada Patil Wadi,
Naupada, Thane West, Thane – 400602
- User Content Disclaimers, Limitations, and Prohibitions
- We do not represent or guarantee the truthfulness, accuracy, or reliability of User content. You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service and the Campaign, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
- You are solely responsible for your User content on the Service and the Campaign. You assume all risks associated with your User content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your User content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation. Additionally, you are solely responsible for maintaining backup copies of any User content you upload to the Service / Campaign. We are not responsible for the deletion or unavailability of any User content.
- You may use the Service and the Campaign only for its intended purpose. You must use the Service and the Campaign in compliance with all privacy, data protection, intellectual property, and other applicable laws. In using the Service / Campaign, you may not:
(i) interfere with security-related features of the Service / Campaign, including by: (A) disabling or circumventing features that prevent or limit use or copying of any content; or (B) reverse engineering or otherwise attempting to discover the source code of any portion of the Service / Campaign, except to the extent that the activity is expressly permitted by applicable law;
(ii) interfere with the operation of the Service / Campaign or any user’s enjoyment of the Service / Campaign, including by: (A) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (B) making any unsolicited offer or advertisement to another user of the Service / Campaign; (C) collecting personal information about another user or third party without consent; or (D) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service / Campaign;
(iii) perform any fraudulent activity including impersonating any person or entity, or claiming a false affiliation
(iv) disclose personal information about another person or harass, abuse, or Post objectionable, pornographic, harmful, offensive, or obscene material;
(v) sell, transfer, or assign any of your rights to use the Service / Campaign to a third party without our express written consent;
(vi) use the Service / Campaign in an illegal way or in violation of any applicable law or that otherwise results in fines, penalties, and other liability to us or others;
(vii) violate, or encourage others to violate, any right of a third party (including by infringing or misappropriating any third-party intellectual property right); or
(viii) assist or permit any persons in engaging in any of the activities described above.
- Without limiting the foregoing, Users agree not to use the Service / Campaign for any of the following:
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
iii. To publish, post, upload, e-mail, distribute, or disseminate (collectively referred to as “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, the Service, the Campaign, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on the Service / Campaign;
- To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
vii. To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
viii. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- To collect or store personal information about other Users;
- To interfere with or disrupt the Service / Campaign, servers, or networks;
- To impersonate any person or entity, including, but not limited to, a representative of the Service / Campaign (Product), or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
xii. To take any action that imposes an unreasonably or disproportionately large load on our infrastructure; and
xiii. To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.
- The orders you place on our Platform are for your use and your use only. YOU SHALL NOT RESELL OR ASSIGN YOUR PRODUCT TO ANY OTHER USER IN ANY MANNER WHATSOEVER. YOU SHALL NOT REMOVE OUR BRANDING MENTIONED IN SECTION 1.7 ABOVE OF THESE TERMS OF SERVICE. SHOULD YOU INDULGE IN ANY SUCH ACTIVITIES, DIRECTLY OR INDIRECTLY, WE RESERVE THE RIGHT TO TAKE LEGAL ACTION AGAINST YOU.
- IF OUR TEAM FINDS THAT ANY OF THE CONTENT SENT BY YOU FOR YOUR PRODUCT VIOLATES THE ABOVE TERMS, THEN WE HAVE THE UNEQUIVOCAL RIGHT TO NOT DEVELOP YOUR PRODUCT WITHOUT ANY REFUND WHATSOEVER AND/OR REPORT YOU TO THE CONCERNED AUTHORITIES.
- LIMITATION OF WARRANTIES
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE SERVICE AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF Rs. 3,000/- (RUPEES THREE THOUSAND ONLY). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
To the fullest extent permitted by law, you are responsible for your use of the Service and the Campaign, and you will defend and indemnify the Company from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service / Campaign; (b) your violation of any portion of these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you will cooperate with our defense of those claims.
- Term and Termination
- Term.These Terms are effective beginning when you accept the Terms or first access or use the Service / Campaign, and ending when terminated as described below.
- Termination.If you violate any provision of these Terms, your authorization to access the Service, Campaign and these Terms automatically terminates. In addition, Company may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Service / Campaign, at any time for any reason or no reason, with or without notice, to the fullest extent permitted by applicable law. We may also change, suspend, or discontinue any aspect of the Service / Campaign at any time. You may terminate your account with us and these Terms only within the initial 24 hours by sending an email to email@example.com or use any termination functionality that may be offered through the Service. Upon termination of these Terms for any reason, then all of your content may be made inaccessible via the Service / Campaign although copies of your User content may remain stored on back-up storage media maintained by or for us. Upon termination, if your website is already live, we shall not remove it, provided that there has been no dispute upon it and our payment has been completed by you. You grant us a royalty-free license to retain such back-up copies of your User content on storage media maintained by or for us. If you stop using the Service / Campaign but keep user content on the Service / Campaign, then these Terms will continue to apply in full force and effect for so long as such User content is available on or through the Service / Campaign.
- Dispute Resolution
- The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Company Services provided by and the Campaign run by the Company, the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or the Company, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India;
- In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute amicably through discussions. In the event that the parties are unable to resolve the dispute within Thirty (30) days of receipt of Notification, the dispute shall be settled by arbitration;
- The place of arbitration shall be Thane, Maharashtra, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time;
- The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award; and
- Nothing contained in these Terms and Conditions shall prevent the Company from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard the Company’s interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of the Company to pursue any remedy for monetary damages through the arbitration described herein.
These Terms constitute the entire agreement between you and Company regarding the use of the Services. The failure of Company to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. This agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this agreement or use of the Platform and Services. Upon Company’s request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this agreement. You hereby waive any and all defenses you may have based on the electronic form of this agreement and the lack of signing by the parties hereto to execute this agreement.
This entire Section 7 of these Terms of Service is applicable to the Campaign as well.
- Contact Information
Bridgekash International Private Limited
Office No.1, Anantlaxmi Chambers,
Near Waman Hari Pethe Sons,Dada Patil wadi,
Naupada, Thane West, Thane – 400603