TERMS AND CONDITIONS
Last updated April 02, 2024
AGREEMENT TO OUR LEGAL TERMS
We are SUBHEDAR & CO ('Company', 'we', 'us', or 'our'), a company registered in India at Shop No 2, Gr, Floor, Vrindavan Palms Chsl, Behind Aarti Nagari, Wayle Nagar,, Kalyan (w), Maharashtra 421301.
We operate the website https://subhedarco.practive.link/ (the 'Site'), the mobileapplication Practive (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
You can contact us by phone at +91 8928102722, email at cassoffice101@gmail.com, or by mail to Shop No 2, Gr, Floor, Vrindavan Palms Chsl,
Behind Aarti Nagari, Wayle Nagar,, Kalyan (w), Maharashtra 421301, India.
These Legal Terms constitute a legally binding agreement made between you,whether personally or on behalf of an entity ('you'), and SUBHEDAR & CO, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENCE
8. MOBILE APPLICATION LICENCE
9. SERVICES MANAGEMENT
10. PRIVACY POLICY
11. TERM AND TERMINATION
12. MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18. INDEMNIFICATION
19. USER DATA
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. SMS TEXT MESSAGING
22. MISCELLANEOUS
23. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution toor use by any person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly, thosepersons who choose to access the Services from other locations do so on their owninitiative and are solely responsible for compliance with local laws, if and to the extentlocal laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,including all source code, databases, functionality, software, website designs, audio,video, text, photographs, and graphics in the Services (collectively, the 'Content'), aswell as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and variousother intellectual property rights and unfair competition laws) and treaties in theUnited States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the PROHIBITEDACTIVITIES section below, we grant you a non-exclusive, non-transferable,revocable licence to:
solely for your personal, non-commercial use or internal business purpose
Except as set out in this section or elsewhere in our Legal Terms, no part of theServices and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,distributed, sold, licensed, or otherwise exploited for any commercial purposewhatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set outin this section or elsewhere in our Legal Terms, please address your request to: cassoffice101@gmail.com. If we ever grant you the permission to post, reproduce, orpublicly display any part of our Services or Content, you must identify us as theowners or licensors of the Services, Content, or Marks and ensure that any copyrightor proprietary notice appears or is visible on posting, reproducing, or displaying ourContent.
We reserve all rights not expressly granted to you in and to the Services, Content,and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach ofour Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the' PROHIBITED ACTIVITIES'
section carefully priorto using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea,feedback, or other information about the Services ('Submissions'), you agree toassign to us all intellectual property rights in such Submission. You agree that weshall own this Submission and be entitled to its unrestricted use and disseminationfor any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you.
Contributions:
The Services may invite you to chat, contribute to, or participate inblogs, message boards, online forums, and other functionality during which you maycreate, submit, post, display, transmit, publish, distribute, or broadcast content andmaterials to us or through the Services, including but not limited to text, writings,video, audio, photographs, music, graphics, comments, reviews, rating suggestions,personal information, or other material (
'Contributions'). Any Submission that ispublicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services
.
When you post Contributions, you grant us a licence (including use of yourname, trademarks, and logos):
By posting any Contributions, you grant us anunrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell,resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat,translate, excerpt (in whole or in part), and exploit your Contributions (including,without limitation, your image, name, and voice) for any purpose, commercial,advertising, or otherwise, to prepare derivative works of, or incorporate into otherworks, your Contributions, and to
sublicence the licences granted in this section. Ouruse and distribution may occur in any media formats and through any mediachannels.
This licence includes our use of your name, company name, and franchise name, asapplicable, and any of the trademarks, service marks, trade names, logos, andpersonal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or makingContributions accessible through the Services by linking your account through theServices to any of your social networking accounts,
you:
You are solely responsible for your Submissions and/or Contributions and youexpressly agree to reimburse us for any and all losses that we may suffer because ofyour breach of (a) this section, (b) any third party’s intellectual property rights, or (c)applicable law. We may remove or edit your Content: Although we have no obligation to monitorany Contributions, we shall have the right to remove or edit any Contributions at anytime without notice if in our reasonable opinion we consider such Contributionsharmful or in breach of these Legal Terms. If we remove or edit any suchContributions, we may also suspend or disable your account and report you to theauthorities.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration informationyou submit will be true, accurate, current, and complete; (2) you will maintain theaccuracy of such information and promptly update such registration information asnecessary;(3) you have the legal capacity and you agree to comply with these LegalTerms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will notaccess the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicablelaw or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep yourpassword confidential and will be responsible for all use of your account andpassword. We reserve the right to remove, reclaim, or change a username you selectif we determine, in our sole discretion, that such username is inappropriate, obscene,or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which wemake the Services available. The Services may not be used in connection with anycommercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
6.USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, messageboards, online forums, and other functionality, and may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Services, including but not limited totext, writings, video, audio, photographs, graphics, comments, suggestions, orpersonal information or other material (collectively, 'Contributions'). Contributions maybe viewable by other users of the Services 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 therebyrepresent and warrant that:
Any use of the Services in violation of the foregoing violates these Legal Terms andmay result in, among other things, termination or suspension of your rights to use theServices.
7.CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services, 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 licence
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 suchContributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, orincorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any mediaformats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafterdeveloped, and includes our use of your name, company name, and franchise name,as applicable, and any of the trademarks, service marks, trade names, logos, andpersonal and commercial images you provide. You waive all moral rights in yourContributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Services.You are solely responsible for your Contributions to the Services and you expresslyagree to exonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwisechange any Contributions; (2) to re-categorise any Contributions to place them inmore appropriate locations on the Services; and (3) to pre-screen or delete anyContributions at any time and for any reason, without notice. We have no obligationto monitor your Contributions.
8. MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the App, then we grant you a revocable, non-exclusive,non-transferable, limited right to install and use the App on wireless electronicdevices owned or controlled by you, and to access and use the App on such devicesstrictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not: (1) except as permitted by applicablelaw, decompile, reverse engineer, disassemble, attempt to derive the source code of,or decrypt the App; (2) make any modification, adaptation, improvement,enhancement, translation, or derivative work from the App; (3) violate any applicablelaws, rules, or regulations in connection with your access or use of the App; (4)remove, alter, or obscure any proprietary notice (including any notice of copyright ortrademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is notdesigned or intended; (6) make the App available over a network or otherenvironment permitting access or use by multiple devices or users at the same time;(7) use the App for creating a product, service, or software that is, directly orindirectly, competitive with or in any way a substitute for the App; (8) use the App tosend automated queries to any website or to send any unsolicited commercial email;or (9) use any proprietary information or any of our interfaces or our other intellectualproperty in the design, development, manufacture, licensing, or distribution of anyapplications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Storeor Google Play (each an
'App Distributor') to access the Services: (1) the licence granted to you for our App is limited to a non-transferable
licence to use theapplication on a device that utilises the Apple iOS or Android operating systems, asapplicable, and in accordance with the usage rules set forth in the applicable AppDistributor’s terms of service; (2) we are responsible for providing any maintenanceand support services with respect to the App as specified in the terms and conditionsof this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has noobligation whatsoever to furnish any maintenance and support services with respectto the App; (3) in the event of any failure of the App to conform to any applicablewarranty, you may notify the applicable App Distributor, and the App Distributor, inaccordance with its terms and policies, may refund the purchase price, if any, paid forthe App, and to the maximum extent permitted by applicable law, the App Distributorwill have no other warranty obligation whatsoever with respect to the App; (4) yourepresent and warrant that (i) you are not located in a country that is subject to a USgovernment embargo, or that has been designated by the US government as a 'terrorist supporting' country and (ii) you are not listed on any US government list ofprohibited or restricted parties; (5) you must comply with applicable third-party termsof agreement when using the App, e.g. if you have a VoIP application, then you mustnot be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiariesof the terms and conditions in this mobile application licence contained in these LegalTerms, and that each App Distributor will have the right (and will be deemed to haveaccepted the right) to enforce the terms and conditions in this mobile application
licence contained in these Legal Terms against you as a third-party beneficiarythereof.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violationsof these Legal Terms; (2) take appropriate legal action against anyone who, in oursole discretion, violates the law or these Legal Terms, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are inany way burdensome to our systems; and (5) otherwise manage the Services in amanner designed to protect our rights and property and to facilitate the properfunctioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy: https://subhedarco.practive.link/privacy-policy. By using the Services, youagree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access theServices from any other region of the world with laws or other requirementsgoverning personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Services, you are transferring yourdata to India, and you expressly consent to have your data transferred to andprocessed in India.
11.TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANYTIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at anytime or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you orany third party for any modification, price change, suspension, or discontinuance ofthe Services.
We cannot guarantee the Services will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the Services at any time orfor any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use theServices during any downtime or discontinuance of the Services. Nothing in theseLegal Terms will be construed to obligate us to maintain and support the Services orto supply any corrections, updates, or releases in connection therewith.
13.GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of India. SUBHEDAR & CO and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection withthese Legal Terms.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claimrelated to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') broughtby either you or us (individually, a 'Party' and collectively, the 'Parties'), the Partiesagree to first attempt to negotiate any Dispute (except those Disputes expresslyprovided below) informally for at least thirty (30) days before initiating arbitration.Such informal negotiations commence upon written notice from one Party to theother Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including anyquestion regarding its existence, validity, or termination, shall be referred to andfinally resolved by the International Commercial Arbitration Court under the EuropeanArbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rulesof this ICAC, which, as a result of referring to it, is considered as the part of thisclause. The number of arbitrators shall be one (1). The seat, or legal place, or arbitration shall be Mumbai, India. The language of the proceedings shall be English.The governing law of these Legal Terms shall be substantive law of India.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to
utilise class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or
unauthorised
use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.
15. CORRECTIONS
There may be information on the Services that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Services at any time,without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THECONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THESERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FORANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANYCONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIATHE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR INANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ASWITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUMOR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THEAMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIODPRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS ANDINTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IFTHESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS ORLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, and employees, fromand against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of: (1)your Contributions;(2) use of the Services; (3) breach of these Legal Terms; (4) anybreach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual propertyrights; or (6) any overt harmful act toward any other user of the Services with whomyou connected via the Services. Notwithstanding the foregoing, we reserve the right,at your expense, to assume the exclusive defence and control of any matter forwhich you are required to indemnify us, and you agree to cooperate, at yourexpense, with our defence of such claims. We will use reasonable efforts to notifyyou of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Services for the purpose ofmanaging the performance of the Services, as well as data relating to your use of theServices. Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to any activity you haveundertaken using the Services. You agree that we shall have no liability to you forany loss or corruption of any such data, and you hereby waive any right of actionagainst us arising from any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications weprovide to you electronically, via email and on the Services, satisfy any legalrequirement that such communication be in writing. YOU HEREBY AGREE TO THEUSE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHERRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THESERVICES. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which require anoriginal signature or delivery or retention of non-electronic records, or to payments orthe granting of credits by any means other than electronic means.
21. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to thetext with "STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sentor received. The rates are determined by your carrier and the specifics of your mobileplan.
Support
If you have any questions or need assistance regarding our SMS communications,please email us at
cassoffice101@gmail.com or call at+91 8928102722
.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Servicesor in respect to the Services constitute the entire agreement and understandingbetween you and us. Our failure to exercise or enforce any right or provision of theseLegal Terms shall not operate as a waiver of such right or provision. These LegalTerms operate to the fullest extent permissible by law. We may assign any or all ofour rights and obligations to others at any time. We shall not be responsible or liablefor any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms isdetermined to be unlawful, void, or unenforceable, that provision or part of theprovision is deemed severable from these Legal Terms and does not affect thevalidity and enforceability of any remaining provisions. There is no joint venture,partnership, employment or agency relationship created between you and us as aresult of these Legal Terms or use of the Services. You agree that these Legal Termswill not be construed against us by virtue of having drafted them. You hereby waiveany and all
defences you may have based on the electronic form of these LegalTerms and the lack of signing by the parties hereto to execute these Legal Terms.
23. CONTACT US
In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us at:
SUBHEDAR & CO
Shop No 2, Gr, Floor, Vrindavan Palms Chsl, Behind Aarti Nagari, Wayle Nagar,
Kalyan (w), Maharashtra 421301
India
Phone:+91 8928102722
cassoffice101@gmail.com