1. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. 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 ‘[∙]’ website and mobile application ‘[∙]’.

3. The domain name ‘[∙]’ and mobile application ‘[∙]’; (hereinafter collectively referred to as the “Website”) is owned by [∙], a company incorporated under the Companies Act, 2013, having its registered office at [∙] hereinafter referred to as the “Company”.

4. For the purpose of these Terms of Use, wherever the context so requires, the term: 

1. “Client” means any Person who is the Client of the User;

2. “Customer” means any Person who is the Customer of the User;

3. “Person” means any natural person, proprietorship, trust, firm, company, governmental authority, joint venture, association, limited liability partnership, partnership firm, society or other entity (whether or not having separate legal personality);

4. “User” means any Person who accesses the Website or avails any Service through the Website.

5. Certain terms may be defined in this Terms of Use and wherever such terms are used in this Terms of Use, they shall have the meaning so assigned to them.

6. For the purpose of these Terms of Use words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.

7. Throughout this Terms of Use, Company’s prior written consent means a communication coming from Company’s legal department, specifically in response to the User’s request, and specifically addressing the activity or conduct for which the User seeks authorization.

8. User’s use of the Website, Services and tools are governed by the terms and conditions set out in this document (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If the User transacts on the Website, the User will be subject to the aforesaid policies that are applicable to the Website for such transaction. By mere use of the Website, the User shall be contracting with the Company and these terms and conditions including the policies will constitute the User’s binding obligations with the Company.

9. By using this Website or any facility or service provided by this Website in any way or merely by browsing the Website, the User agrees that he has read, understood and agreed to be bound, including without limitation, by these Terms of Use, the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable laws in India for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as an integral part of these Terms of Use.

10. Users are advised to read the Terms of Use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, the User also agrees and undertakes to be bound by all policies prescribed by the Company from time to time (including but not limited to the Privacy Policy available at [https://trustworthy.io/privacy] as amended from time to time.). 

11. The Company reserves the right to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to the User. It is the User’s sole responsibility to review these Terms of Use periodically for updates or changes. The User’s continued use of the Website following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions. 

12. As long as the User complies with these Terms of Use, the Company grants the User a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.

THESE TERMS OF USE ARE DIVIDED INTO 7 PARTS:
PART 1: ROLE OF THE COMPANY PART 5: CONTRIBUTION LICENSEPART 2: USER OBLIGATIONSPART 6: PROHIBITED ACTIVITIES PART 3: FILLING FORMS PART 7: GENERAL TERMSPART 4: CONTRIBUTIONS

PART 1: ROLE OF THE COMPANY

1. The Website provides services that facilitates:

1. Collection and curation of Customer testimonials for Clients based on the data and testimonials provided by the Users. This service includes the distribution of testimonial forms to the Users and alteration and moderation of submitted testimonial forms to create a content which can be posted as review on the User’s website.

2. creation and management of User’s accounts for the Clients to view the testimonials which are altered and moderated by the Company.

the services mentioned above are collectively referred to as the “Services”. 

2. The Company is only an intermediary and is not a party to any transaction between the User and any Customer or Client. The contract for any of Services shall be a strictly bipartite contract between the User and the Company.

3. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the testimonials or details provided by any Customer or User. 

4. Reliance on any information provided on the Website is solely at User’s own risk.

5. The Company does not undertake any liability or responsibility for any acts or omissions of any testimonial provided by the Customer or User.

6. The User agrees and acknowledges that nothing on the Website constitutes, or is meant to constitute, advice of any kind.

7. In no event shall the Company be liable for any special, incidental, indirect or consequential damages of any kind in connection with the User’s use of the Website and Services, even if the User has been informed in advance of the possibility of such damages.

8. Subject to the above and notwithstanding anything to the contrary contained in this Terms of Use, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of the Company vis-à-vis any User, regardless of the form of claim, will be INR 100 (Indian Rupees Hundred). 

9. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.

PART 2: USER OBLIGATIONS

1. Use of the Website is available only to persons who can enter legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, person of unsound mind are not eligible to use the Website. Any person under the age of 18 (eighteen) shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by minor’s legal guardian or parents on the Website. The Company reserves the right to terminate any person’s membership or refuse to provide such person with access to the Website if it is brought to the Company’s notice or if it is discovered that such person is not eligible to use the Website.

2. If the User uses the Website, he shall be responsible for maintaining the confidentiality of User’s display name and password and the User shall be responsible for all activities that occur under his display name. 

3. User agrees, undertakes and confirms that he shall not host, display, upload, modify, publish, transmit, update or share any information that:

1. belongs to another Person and to which User does not have any right to;

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

3. is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

4. is misleading in any way;

5. harasses or advocates harassment of another person;

6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

7. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

10. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

11. provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses;

12. contains video, photographs, or images of another person (with a minor or an adult);

13. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

14. engages in commercial activities or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website; 

15. interferes with another User’s use and enjoyment of the Website;

16. refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

17. harm minors in any way;

18. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or fraudulent or involves the sale of counterfeit or stolen products;

19. violates any law for the time being in force;

20. deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

21. impersonates another person;

22. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; 

23. threatens the unity, integrity, defence, security or sovereignty of India or any other country, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

24. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

25. creates any liability for the Company or causes the Company to lose (in whole or in part) the services of its internet service provider (“ISPs”) or other suppliers.

4. Any post uploaded by a User shall be subject to review by the Company. The Company may choose to not upload certain posts if the Company deems that the post or any part of such post violates this Terms of Use or any other policy of the Company. 

5. User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. The Company reserves its right to bar any such activity.

6. User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

7. User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other User, including any account on the Website not owned by the User, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Website.

8. User shall not make any negative, denigrating or defamatory statements or comments about the Website or the Company or any other brand name or domain name used by the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company. User agrees that he will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems, infrastructure or networks, or any systems, infrastructure or networks connected to the Company.

9. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

10. User will not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the User sends to the Company on or through the Website or any service offered on or through the Website. User may not pretend that he is, or that he represents, someone else, or impersonate any other individual or entity.

11. User will not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.

12. User shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and Digital Personal Data Protection Act, 2023 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations regarding the User’s use of the Website. The User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

13. Solely to enable the Company to use the information supplied to it by the User, so that the Company is not in violation of any rights the User may have in his information, User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights User has in his information, in any media now known or not currently known, with respect to User information. The Company will only use User information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

14. The User shall not use any information obtained from the Website in order to harass, abuse, or harm another Person, or in order to contact, advertise to, solicit, to another Person other than the Company. 

15. The User understands that the Company has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, the Company can (and the User hereby expressly authorizes the Company to) disclose any information about the User to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, Digital Personal Data Protection Act, 2023 or any other law as the Company, in its sole discretion, believes is necessary or appropriate in connection with the investigation or resolution of possible crimes, especially those that may involve personal injury.

16. The User acknowledges that the Company is required to report cyber security incidents related information with appropriate authority and relevant data in connection therewith, which report may include data of the Users and their activities on the Website.

17. It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that the User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about the User due to his use of the Website, and that the recipient may use such information to harass or injure the User. The Company does not approve of such unauthorized uses, but by using the Website the User acknowledges and agrees that the Company is not responsible for the use of any personal information that the User publicly discloses or shares with others on the Website. Users are advised to carefully select the type of information that they publicly disclose or share with others on the Website.

18. The Company shall have all the right to take necessary action and claim damages that may occur due to User’s involvement/participation in any way on his own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

PART 3: FILLING FORMS 

1. User will be required to fill forms provided on the Website to submit the data and testimonials received from Customers. By submitting the form, User grants the Company the right to review, edit and customise the testimonials for the User to display it on their website.

2. Once the Company has edited the submitted testimonials, User can display the edited content on their website as reviews. 

3. Users agree not to further alter the content in a manner that misrepresents or distorts the original meaning.

4. The Users agree to use the content as reviews on its website in compliance with all applicable laws and regulations, the Users shall not use it in a manner that is misleading, defamatory, or otherwise harmful.

PART 4: CONTRIBUTIONS

1. The Website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

2. Contributions may be viewable by other users of the Website and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;

2. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;

3. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;

4. Your Contributions are not false, inaccurate, or misleading;

5. Your Contributions do not violate any applicable law, regulation, or rule;

6. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use;

7. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;

8. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use;

9. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

10. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; and

11. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

PART 5: CONTRIBUTION LICENSE

1. By posting your Contributions to any part of the Website or making Contributions accessible to the Website by linking your account from the Website to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

4. We have the right, in our sole and absolute discretion, (a) to edit, redact, or otherwise change any Contributions; (b) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (c) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

PART 6: PROHIBITED ACTIVITIES

1. User may only access and use the Website for the purpose provided. Commercial use of the Website is only permitted if specifically endorsed or approved.

          As a user of the Website, the User agrees not to:

1. Make improper use of our support services or submit false reports of abuse or misconduct;

2. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;

3. Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

4. Sell or otherwise transfer profile;

5. Use the Website as part of any effort to compete with the Company or otherwise use the Website and/or the content for any revenue-generating endeavour or commercial enterprise;

6. Trick, defraud, or mislead the Company and other Users, especially in any attempt to learn sensitive account information such as user passwords;

7. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;

8. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

9. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;

10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;

11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

12. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software;

13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;

14. Use the Website in a manner inconsistent with any applicable laws or regulations;

15. Attempt to impersonate another user or person or use the username of another user;

16. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein;

17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website;

18. Use any information obtained from the Website in order to harass, abuse, or harm another person; and

19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

PART 7: GENERAL TERMS

Content on Website

1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork in relation to third parties (“Content”), is third party user generated Content and the Company has no control over any Content generated by a third party. 

2. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

3. The Website may include advertisement of various third party vendors listed with the Company (“Third-Party”). The Company does not endorse, authenticate or guarantee the quality of services, information or goods provided through such Third-Party. The Company will not be liable for any loss or damage which may be incurred by the User as a result of any interaction or transaction with any Third-Party.

4. The User may use information on the products and services made available on the Website, provided that the User: 

1. does not remove any proprietary notice language in all copies of such documents; 

2. does not make modifications to any such information;

3. does not make any additional representations or warranties relating to such documents; and

4. the User uses such information only for his personal, non-commercial informational purpose and does not copy or post such information on any networked computer or broadcast it in any media. 

Software

5. This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to the User through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not represent or warrant that:

1. this Website will be constantly available, or available at all; or

2. the information on this Website is complete, true, accurate or non - misleading.

6. The software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless the User’s device, its settings, or computer software does not permit transmission or use of upgrades or updates, the User agrees that the Company, or the applicable software or software application store, may provide notice to the User of the availability of such upgrades or updates and automatically push such upgrade or update to User’s device or computer from time-to-time. The User may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to the User by the Company under this Terms of Use shall be considered as part of the Services.

7. The Company will not be liable to the User in any way or in relation to the Content of, or use of, or otherwise in connection with, the Website. The Company does not warrant that the Website; information, Content, materials, product (including software) or services included on or otherwise made available to the User through the Website; their servers; or electronic communication sent from the Company are free of viruses or other harmful components.

Consent to be contacted

8. The User will be required to enter a valid phone number while placing an order on the Website. By sharing his phone number, User consents to be contacted by the Company via phone calls and text messages for promotions, discounts or other service or delivery related issues.

Registration

9. User may be required to register with the Website. User agrees to keep its password confidential and will be responsible for all use of its account and password. The Company reserves the right to remove, reclaim, or change a username which the User selects if the Company determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Representations

10. By using the Website, the User represents and warrants that: (a) all registration information it submits will be true, accurate, current, and complete; (b) it will maintain the accuracy of such information and promptly update such registration information as necessary; (c) it has the legal capacity and it agrees to comply with these Terms of Use; (d) it is not a minor in the jurisdiction in which it resides; (e) it will not access the Website through automated or non-human means, whether through a bot, script or otherwise; (f) it will not use the Website for any illegal or unauthorized purpose; and (g) its use of the Website will not violate any applicable law or regulation.

11. If the User provides any information that is untrue, inaccurate, not current, or incomplete, the Company have the right to suspend or terminate the User’s account and refuse any and all current or future use of the Website (or any portion thereof).

12. If The Company terminates or suspends the User’s account for any reason, the User shall be prohibited from registering and creating a new account under its name, a fake or borrowed name, or the name of any third party, even if the User may be acting on behalf of the third party. In addition to terminating or suspending the User’s account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Payments 

13. Payments for all Services shall be made directly to the Company through the Website. 

14. While availing any of the payment method/s available on the Website, the Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

1. lack of authorization for any transaction, or

2. any payment issues arising out of the transaction, or

3. decline of transaction for any other reason whatsoever.

15. All payments made on the Website by the User shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.

16. The Users have specifically authorized the Company and its service providers to collect, process, facilitate and remit payments or the transaction price electronically or through cash on delivery to the Users in respect of transactions through payment facility. User’s relationship with the Company is on a principal-to-principal basis and by accepting these Terms of Use, the User agrees that the Company is an independent contractor for all purposes, and does not have control of or cannot bear liability for the Services that are listed on the Website that are paid for by using the payment facility. 

17. The User understands, accepts and agrees that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction.

18. The Company reserves the right to impose limits on the number of transactions or transaction price which the Company may receive from an individual’s valid credit/debit/ cash card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by a User during any time period, and reserves the right to refuse to process transactions exceeding such limit.

19. The Company reserves the right to refuse to process transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with the Company or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

20. The Company may do such checks as it deems fit before approving the receipt of/Users commitment to pay (for cash on delivery transactions) transaction price from the User for security or other reasons at the discretion of the Company. As a result of such check if the Company is not satisfied with the creditability of the User or genuineness of the transaction/transaction price, it will have the right to reject the receipt of/User’s commitment to pay transaction price.

21. The Company may delay notifying the payment confirmation if the Company deems suspicious or for Users conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, the Company may hold transaction price, or the Company may remit transaction price to law enforcement officials (instead of refunding such amount to User) at the request of law enforcement officials or in the event the User is engaged in any form of illegal activity.

22. The User agrees and acknowledges that the Company will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Company.

Submissions

23. The User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by it to the Company are non-confidential and shall become Company’s sole property. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to the User. The User hereby waive all moral rights to any such Submissions, and hereby warrant that any such Submissions are original with the User or that the User has a right to submit such Submissions. The User agrees that there shall be no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Website Management

24. The Company reserves the right, but not the obligation, to: (a) monitor the Site for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in its sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (c) in its sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (d) in its sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (e) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

Modifications and Interruptions

25. The Company reserves the right to change, modify, or remove the contents of the Website at any time or for any reason at its sole discretion without notice. However, it has no obligation to update any information on its Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. The Company shall not be liable to the User or any third party for any modification, price change, suspension, or discontinuance of the Website.

26. The Company cannot guarantee that the Website will be available at all times. It may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to the User. Ther User agrees that the Company has no liability whatsoever for any loss, damage, or inconvenience caused by the User’s inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate the Company to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

Indemnity

27. The User shall indemnify and hold harmless the Company, its, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorney’s fees, made by any third party or penalty imposed due to or arising out of the User’s use of the Website or Services, or breach of this Terms of Use, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Intellectual Property

28. This site is controlled and operated by the Company. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website is solely for the User’s personal and non-commercial use. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other Person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the User may receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

29. The Company respects the intellectual property of others. In case any Person feels that his Trademark has been infringed, he can write to the Company at [∙].

Service Fee

30. The Company will charge a Service fee for the Services provided to the User (“Service Fee”). The Service Fee may vary depending on multiple factors including but not limited to the number of testimonials. The Company will inform the User about the Service Fee at the time of placing the order on the Website and the User will be responsible for the payment of such Service Fee regardless of his awareness of such Service Fee.

Governing Law and Dispute Resolution

31. Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. 

32. Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. The Company makes no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and the Company is not responsible for supply of products/refund for the products ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable. 

33. These Terms of Use shall be construed and governed by the laws of India and the courts of Mumbai shall have exclusive jurisdiction over all disputes arising out these Terms of Use.

34. Any dispute or disagreement arising out of these Terms of Use including but not limited to issues relating to the rights and liabilities of both the Users or the Company, interpretation of these Terms of Use, and all such other issues arising out of these Terms of Use shall be referred to a sole arbitrator mutually appointed by the Company and the disputing User. 

35. In the event, wherein the disputing parties are unable to decide on a sole arbitrator within 5 (five) days of a party recommending an arbitrator, each disputing party will appoint one arbitrator and the two appointed arbitrators will appoint a third arbitrator.

36. The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Mumbai and conducted in English.

37. The Agreement will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction.

Corrections

38. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Severability

39. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver

40. Any failure by Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Company of that provision or right.

Contact Us

41. Please send any questions or comments regarding this Website to [∙].

Disclaimer

42. The Website is provided on an as-is and as-available basis. User agrees that its use of the Website and the Company’s services will be at User’s sole risk to the fullest extent permitted by law, the Company disclaims all warranties, express or implied, in connection with the Website and the User’s use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any websites linked to the Website and the Company shall assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from User’s access to and use of the site, (c) any unauthorized access to or use of the Company’s secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the site, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and the Company shall not be a party to or in any way be responsible for monitoring any transaction between the User and any third-party providers of products or services as with the purchase of a product or service through any medium or in any environment, the User should use its best judgment and exercise caution where appropriate.

Data Protection Officer/Consent Manager/ Grievance Officer 

43. In accordance with Information Technology Act 2000 and Digital Personal Data Protection Act, 2023 and rules made thereunder, the name and contact details of the Consent Manager/Grievance Officer are provided below:

Name: [Prathamesh]

Address: [∙]

E-mail: [∙]