Please read the Terms and Use set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Use. Terms and Use together with the Privacy Policy is hereinafter collectively referred to as the Terms.
If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between the Comcent Technologies Private Limited and you in connection with your use of the Online Platform, as defined below. For any concerns, you can contact our grievance officer at contact@comcent.io.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of this Website (“Platform”).
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.
In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.
Buyer: refers to a user who utilizes our services available on the website;
Organization: A billable legal entity, group of people, or individual who utilizes Comcent SaaS services.
Organization Admin: A person who controls an Organization and its Member users.
Member: Users within an Organization who utilize Comcent SaaS services.
Indirect User: A person who makes telephone calls via their phone, which are handled by our SaaS app with or without their direct awareness.
Brand Owners: shall mean a user who has executed a Terms of Trade with us for sharing their views them on the website, to be offered for sale or made available for purchase or for delivery and who has agreed to register on the website as a seller for this purpose;
User: refers to individuals registered on our website;
Company: refers Comcent Technogies Private Limited
Content: includes text, images, videos, comments, links, ratings, or any material submitted by users on the website.
We, we, Us, us or www.comcent.io: shall mean Comcent Technologies Private Limited, its affiliates, permitted assigns and partners, and the terms Our and our shall be construed accordingly; and
You, you, User or user: shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the website, or using the website or the Services offered through the website, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number and email while registering on the website (“Registration Data”), and the terms Your and your shall be construed accordingly.
www.comcent.io refers to our website and web which made available and any subdomain of comcent.io (e.g app.comcent.io, etc)
By accessing and/or using all or a portion of the Services, You acknowledge and agree that:
The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time.
You are advised to read the Terms regularly. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. Your continued use of the Online Platform following any such modification constitutes your agreement to follow and be bound by the Terms so modified.
If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
These Terms allows the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services.
You must be 18 years of age or older to access or avail the Services in any manner. By signing in to the Online Platform, accessing and/or using all or any part of the Services, you represent and warrant to the Company that you are 18 years of age or older, and that you have the legal right, authority and capacity to use all or part of the Services available through the Platform, and agree to and abide by the Terms.
Whilst the Services are not intended to be used by minors, the Company respects and recognizes the privacy of minors who may inadvertently use our Platform. It is strongly recommended that parents and guardians use parental control tools to help protect minors from any offences, harm or breach of privacy and supervise the use of the Platform by minors.
The Services are provided to you only for your personal, non-commercial use.
You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.
The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email address, QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense or damage incurred by you as a result of you accessing the platform and utilizing its services via access links, SMS notifications, OTPs, email address, QR codes etc. which have not been delivered to you personally by the Company.
If you are using the Platform and/ or our services, on and behalf of a company/ corporation/ business entity, You represents and warrant that the Use of our Services/ Platform and the consummation of the transactions in our Platform have been duly authorized by all necessary action of the respective entity and that the person using our Platform on its behalf has the full capacity to bind that entity.
You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person’s use of the Services. Prohibited actions on our website include use of another user’s account, engagement in illegal activities, hate speech, racism, and discrimination, spreading false or misleading information, promotion of violence and terrorism, violations of intellectual property rights, unauthorized use or reuse of material not belonging to the user, breach of confidentiality and privacy, unauthorized use of company/website names or logos without written consent.
All data and personal information are stored on secured servers, but the company does not guarantee its security. External websites may collect data, use cookies, and embed third-party tracking. Visitor comments may be checked through an automated spam detection service. Public content is accessible to everyone. If you leave a comment, you may opt-in to save your name, email address, and website in cookies for one year. Login cookies lasting for two days and screen options cookies for a year are set when you log in. Selecting “Remember Me” keeps your login persistent for two weeks. Logging out removes login cookies. Articles on this site may include embedded content (videos, images, articles, etc.) that behaves similarly to if the visitor visited the other website. If you have an account or have left comments, you can request the erasure of your personal data, excluding data obligated to be kept for administrative, legal, or security purposes.
For the purpose of the Terms, “Software” means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) broadly, encompassing the server, platform, and application software hosted by or on behalf of the Company, as well as third-party software supporting or connecting the aforementioned elements. This includes algorithms, user interfaces, network and database designs, architecture, class libraries, objects, and all updates and documentation related to these components.
Users are required to provide the following information during registration: User Name, email id, location, and age. To fully avail the Services of the Website, registration is required.
To avail of our services, customers are required to provide the details as requested by us. Upon sign up user may receive email containing tutorial, apps feature or additional information needed to use our service.
Personal details are required for registration. Users can choose to keep certain personal information/profile details/registration details/account information private or public. Information marked as ‘only me’ is visible to the company but not to other users. The company will not sell/rent/share personal information without user permission, unless explicitly stated in these terms. Personal data may be shared with third parties as required by law, legal obligations, fraud protection, or to enforce our terms.
Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account or your organization account. If you request a password reset, your IP address will be included in the reset email. When uploading images, avoid including embedded location data as visitors can download and extract this information from images on the website.
By using this Website and providing your contact information to us through the Website, you hereby agree and consent to receiving calls, autodialled and/or pre-recorded message calls, e-mails and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls / email messages / text messages, you may send an e-mail to the effect to contact@comcent.io. You agree and acknowledge that it may take up to seven (7) business days for us to give effect to such a request by the you.
Account Creation and Usage: By creating an account on www.comcent.io, your organization agrees to provide accurate and complete information and to maintain the security of your account credentials. You are responsible for all activities that occur under your account.
Authorized Users: Your organization may designate employees as authorized users of the www.comcent.io platform. Each authorized user must adhere to these Terms and Use and any additional policies set forth by www.comcent.io
Data Protection and Privacy: Your organization agrees to comply with all applicable data protection laws and regulations concerning the use and processing of personal data on www.comcent.io. You are responsible for obtaining any necessary consents from individuals whose data you provide or access through the platform.
Payment and Billing: agrees to pay all fees and charges associated with your use of www.comcent.io in accordance with the pricing and billing terms specified on the platform.
Authorized Use: As an employee authorized to use www.comcent.io on behalf of your organization, you agree to comply with these Terms and Use and any additional policies set forth by www.comcent.io.
Confidentiality: You agree to maintain the confidentiality of any information accessed or shared on www.comcent.io, including but not limited to customer data, proprietary information, and intellectual property.
Prohibited Activities: You agree not to engage in any activities that may disrupt or interfere with the operation or security of www.comcent.io, including but not limited to hacking, spamming, or distributing malware.
At www.comcent.io, we offer Prepaid Services, meaning that payment must be made in advance before the service is provided. Postpaid Services are billed at the end of the calendar month (postpaid). to provide flexibility and convenience for our customers. Below are the terms and conditions regarding payments for prepaid services:
All services offered on www.comcent.io that require upfront payment must be prepaid before access is granted or services are rendered. We accept various payment methods for prepaid services, including credit/debit cards but not limited to bank transfers, and electronic payment platforms. Details regarding accepted payment methods will be provided during the checkout process. Upon successful payment, your prepaid services will be activated and accessible through your account on www.comcent.io
Prepaid services are typically valid for a specified duration as indicated at the time of purchase. It is the responsibility of the customer to use the services within the designated timeframe.
Payments made for prepaid services are non-refundable. Once a prepaid service is activated, no refunds will be issued for any unused portion of the service duration. Customers may have the option to renew prepaid services before or upon expiration, subject to the terms and conditions of the specific service plan. Renewal options and pricing will be communicated to customers prior to expiration.
All prices for prepaid services are stated in the currency specified at the time of purchase and are inclusive of applicable taxes, unless otherwise indicated. In the event of a payment dispute or discrepancy, customers are encouraged to contact our customer support team for resolution. We will investigate and address any payment-related issues promptly and fairly.
New addition
At www.comcent.io, we strive to provide the highest quality software services and ensure customer satisfaction. However, due to the nature of our services we offer, we do not offer refunds for any services or subscriptions made on our platform. We encourage all users to carefully evaluate their needs and requirements before availing the service or subscribing to our services. If you have any questions or concerns about our services, please contact our customer support team for assistance before completing your transaction. Postpaid service must be paid within 15 days of the invoice date, else service will be discontinued for the organization. Please keep your card details updated for postpaid services so that we can auto-charge it for seamless payment processing
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that www.comcent.io name is stated as the source and prior written permission of www.comcent.io is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted. We reserve the right to suspend, or alter/edit/delete any post or content portion without prior notice or permission if a breach of terms is identified.
Throughout these Terms www.comcent.io prior written consent means a communication issued by www.comcent.io legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
The Services are provided on an “as is,” “as available” basis. The Company makes no representations or warranties of any kind with respect to the Services provided by the Company. The Company assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services.
The Company expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, that the Services will function without interruption or errors in functioning, that there will not be disturbances related to internet service providers, cellular service providers, and cellular network operators or saturation of the internet network and for any other reason, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or work with any third-party software, applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Company disclaims all liability for damages caused by any such interruption or errors in functioning.
Users are expressly prohibited from using the Services for spam calls, SMS, chat, or any other form of unsolicited communication. The Company reserves the right to suspend or terminate access to the Services for any user found to be engaging in such activities, without prior notice. The Company disclaims all liability for any damages or losses arising from the misuse of the Services for spam or unsolicited communications.
Users are reminded that all communications made through the Services must comply with the laws and regulations of the country in which they are operating. Users are solely responsible for ensuring that their use of the Services, including any communications made through the platform, adhere to applicable laws, including but not limited to laws governing privacy, data protection, telecommunications, and intellectual property. The Company disclaims all liability for any legal consequences arising from users’ failure to comply with applicable laws in their use of the Services.
Users should be aware that in certain jurisdictions, it may be a legal requirement to inform participants if a conversation is being recorded. Users are responsible for understanding and complying with any such legal requirements applicable to their use of the Services. Where required by law, users must ensure that appropriate notifications are provided to all parties involved in recorded conversations. The Company disclaims all liability for any failure by users to comply with legal requirements regarding the recording of conversations.
Users are strictly prohibited from using the Services to bypass international telephone charges or engage in any form of telecommunications fraud. This includes but is not limited to the use of call forwarding, call re-routing, or any other method intended to evade legitimate charges for international calls. The Company reserves the right to suspend or terminate access to the Services for any user found to be engaging in such activities, without prior notice. The Company disclaims all liability for any damages or losses arising from the misuse of the Services for telecommunications fraud.
Users are hereby notified that our telephone system is not designed or equipped to handle emergency calls. In case of an emergency, users are strongly advised to dial their local emergency services number or use alternative means of communication, such as regular telephones or mobile phones, to contact emergency services. The Company disclaims all liability for any damages, injuries, or losses arising from the use of our telephone system for emergency purposes.
The Company disclaims all liability and responsibility with respect to your use of the Platform and the Services, including but not limited to your use of third-party payment gateways, exposure of content to minors, security of devices used to access the Platform.
The Company takes all reasonable efforts to ensure that your use of the Platform is safe and is in line with safety and security practices for digital platforms. However, the Company in no way assumes responsibility for data safety and security practices and standards of any third-party service provider embedded in the Platform.
www.comcent.io disclaims all representations and warranties including but not limited with respect to accuracy, completeness, correctness, reliability, truthfulness, other content or information, feedback, opinions, reviews, suggestions, recommendations that may be displayed on the Platform.
We use cookies on our website. By continuing to use our site, you agree to our use of cookies as outlined in our cookie policy.
Users are responsible for all activities under their account. The accuracy and authenticity of content/information/advertisements on the website are not guaranteed. The website may contain third-party links/services/advertisements. The company is not responsible for user information disclosure due to technical issues, phishing, etc. User membership approval by the company does not guarantee the accuracy and authenticity of user information. Approval may or may not occur.
Our system must not be utilized to initiate spam calls, SMS, chats, or any other form of unsolicited communication.
All communications facilitated through our services must adhere to the legal regulations of the respective country or jurisdiction.
Certain countries may mandate the disclosure of recording practices during customer interactions. Users are responsible for ensuring compliance with such requirements and must inform customers accordingly
Users are prohibited from utilizing our services to circumvent international telephone charges or engage in any activity that violates telecommunications regulations.
Our telephone system is not designed for emergency calls. In case of emergencies, please utilize your regular phone services to ensure prompt assistance.
By providing us with your personal information, you consent to its use for marketing and sales-related communications. This may include contacting you via telephone calls, text messages, or electronic mail for promotional purposes.
You agree and undertake that you are accessing the Website at your sole risk and are that you are using your best and prudent judgment or accessing/using any information displayed thereon.
You agree that they are solely responsible to us and to any third party for any breach of Your obligations under the Terms of Use and for the consequences including any loss or damage which we or our affiliates may suffer for any such breach.
You agree that we may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the operations by you. It is up to your discretion for to submit the same.
You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions. You agree not to post or publish any content on the Online Platform that amounts to:
An infringement of any Company or third-party intellectual property or privacy rights.
A violation of applicable laws or regulations, including but not limited to the relevant rules under Information technology Act, 2000.
Defamation.
The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms.. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research, consumer behaviors and profiling, data analytics, tracking market trends on an anonymized basis.
The Company is deemed to be a mere “intermediary” as defined under the applicable laws with respect to publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to publishing of your information and content. The Company is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by you on Platform.
The Company may retain such information and content provide by you on the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Sensitive Personal Information Rules.
When visitors leave comments on our site, we collect data shown in the comments form, along with the visitor’s IP address and browser user agent string for spam detection. An anonymized string created from your email address may be provided to the Gravatar service to check for its usage. The Gravatar service’s privacy policy is available here. After comment approval, your profile picture becomes visible to the public in the context of your comment.
Comments and their metadata are retained indefinitely to recognize and approve follow-up comments automatically. For registered users, personal information provided in user profiles can be seen, edited, or deleted. Usernames cannot be changed. Website administrators can also access and modify this information.
We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content Which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymized consumer profiling data, know-how, packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the “Company Intellectual Property”) are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company.
The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer, decompile, or services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property;
Your use of the Platform and the Services does not include an authority to resell or commercially use the Platform, the Services and www.comcent.io or its contents, description, packaging (including but not limited to size, design, color, pattern), prices, images, texts, page layout, illustrations for the benefit of another merchant, including but not limited to by way of data mining, robot applications or data gathering and extraction tools. No part of the Services and no part of Platform and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any digital platform or any other computer, server, application, website or other medium for publication or distribution or for any commercial enterprise, without www.comcent.io express prior written consent.
Please read this section carefully as it limits the liability of www.comcent.io and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the www.comcent.io_”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited._
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE www.comcent.io DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Without prejudice to the foregoing, the www.comcent.io make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the www.comcent.io or through the Services, will create any warranty or representation not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE www.comcent.io SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE [ www.comcent.io EXCEED 1000 USD
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE www.comcent.io HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Nothing on the App constitutes, or is meant to constitute, advice of any kind.
The company is not responsible for mediating or resolving disputes between users or users and third-party service providers or advertisers listed on the website.
Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Udupi, Karnataka, India, and the language of the proceedings shall be English.
The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under these Terms.
The Company’s failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
The Terms contain the entire agreement between the you and the Company and supersedes all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.
You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you.