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TERMS & CONDITIONSUpdated On 24th-Feb-2023

Dear User,

Con10T Labs Private Limited is a private limited company incorporated under the Companies Act, 2013 and having its registered office at New No. 61/8, Old No. 53/8, T-1, Ras Flats, 10th Avenue, Ashok Nagar, Chennai, Tamil Nadu – 600 083 (hereinafter referred to as “Company”, “We”, “Us”, “Our”) which operates the website www.con10tlabs.com and the application CAP10 (hereinafter collectively referred to as the “Platform”). Please read the following terms and conditions (“Terms”) carefully. By using the Platform, you indicate that you understand, agree and consent to the applicability of this document to You. In case you do not agree with any or all of the terms of this document, please do not use the Platform. Please note that this document containing the Terms is a document which is legally binding between you, the user of the Platform (hereinafter referred to as “User”, “You”, “Your”) and Us in relation to your access to and use of the Platform including the services rendered to You by Us.

(The Company and You shall hereinafter be collectively referred to as the “Parties” and individually as“Party”.)

ACCEPTANCE OF TERMS AND CONDITIONS

You agree that this document sets forth the terms and conditions under which you may access and use the Platform and the services provided by Us therein. The contents of this document and the mutual set of covenants and obligations agreed to by You and Us will be effective on your acceptance of the same (directly or indirectly in electronic form, by clicking on the “I Agree” option at the end of this document or by use of the Platform by the creation of an account on the Platform) and shall also govern the relationship between You and Us.

Your access to and use of the Platform is also subject to Our Privacy Policy (which may be accessed by You here:www.con10tlabs.com/privacy) which is available on Our Platform, the terms and conditions of which are incorporated into these Terms by reference.

REGISTRATION AND MAINTENANCE OF ACCOUNT

Registration and creation of an Account :

To gain access to all the services provided by Us to You through the Platform, You will need to create an account on the Platform and become a registered user by providing all such information and details (which may include Personal Information) as may be prompted by the Platform’s user account registration form (“Registration Information”). We may modify or add information fields required to complete the Registration Data for the creation of an Account from time to time. You agree to promptly complete any such additional or modified information fields when and as requested by Us. The creation of an account by You on the Platform shall be subject to Our confirmation and will become valid when We either confirm Your registration or activate Your Account.

Following the provision of the Registration Information as may be required, You will also have the option to specify a username and a password for your account (hereinafter collectively referred to as Your “Login Credentials”). Alternatively, You may be provided with the option to register for and use the Platform by importing details, information and Login Credentials which You may have already provided to third-party websites (i.e., Facebook, Google, Instagram, AppleID etc.) for Your convenience in which case, You may be subject to the terms and conditions applicable to account(s) maintained by You with such relevant third-party.

By creating an account on Our Platform, you specifically agree:

  • to restrict access by any other person or entity to Your password or other login information;
  • to not knowingly use the name or email of any other person without authorization;
  • to not use an email or profile name that is profane, offensive, or otherwise inappropriate;
  • to not allow any third party to use Your login information, Registration Data or Account;
  • to notify Us of any activities in your Account even if such activities are not committed by You.
Password and Security :

You agree that You shall keep Your Login Credentials confidential and shall not disclose it or share it with any other person or User of the Platform. You agree that You shall be responsible for preventing unauthorised use of Your Login Credentials. If under any circumstance, You believe that there has been a breach of security such as disclosure, theft, or unauthorised use of Your Login Credentials, You must notify Us immediately. If We reasonably believe that Your account is being used in any way which is not permitted by these Terms, We reserve the right to suspend the access and use of Our Platform through your Login Credentials immediately without any notice to You and to block access to the Platform through Your Login Credentials until issues in relation to the same have been resolved.

Advertisements, Third Party Links and Communications :

While registering for an account on Our Platform, You may be required to provide Us with Your contact details including Your email address. You hereby affirmatively consent to Our use of Your email address for notifications from Us regarding important service announcements and other administrative communications related to Your access to and use of the Platform, as well as certain marketing and other advertising communications from Us and from Our third-party advertising partners. While You may opt out of receipt of certain notifications, We reserve the right to send to You certain communications in relation to Our services which are essential to your access and use of Our Platform. If You do not wish to receive such communications from Us, You may opt out of such messages by stopping the use of Our Platform and deleting Your account on Our Platform. We disclaim any liability whatsoever for any communications received by You from any third party (directly or indirectly) in connection with Our Platform or which You may receive through any actions You may take or refrain from taking as a result of any such third-party communications and We assume no responsibility for verifying, and make no representations or warranties regarding, the identity or trustworthiness of the third-party, source or content of any such third-party communications.

Term, Termination to Platform Access and Deletion of Account :

Term : The Terms shall be valid from the time you access, create an account on or use the Platform in any manner whatsoever (whichever is earlier) and shall continue till such time that it is termination in accordance with the provisions of this clause.

Termination by User : The Terms shall Subject to these Terms, You may, at any time and for any reason whatsoever, terminate these Terms by deleting Your account on the Platform by using the options and features provided for such deletion on Our Platform.

Termination by Company : We reserve the right to suspend Your access to (whether for a specified period of time or indefinitely), block access to or terminate Your account if:

  • any information provided by You under these Terms is inaccurate, incomplete or misleading; and/ or
  • at our sole discretion, You breach any whole or part of the terms and conditions provided under these Terms; and/ or

The termination of your account shall also serve as a notice of termination of these Terms and the contractual relationship between You and Us.

User Consent:

You agree, acknowledge and explicitly consent to:

  • Your Registration Information or Personal Information being permanently retained on a physical or digital database which may be maintained, owned, and controlled by Us, subject to the applicable law.
  • Your information being shared with any other third-party entity which may enter into a commercial relationship with Us.
  • Your information being shared in its original form, or as part of or aggregated form, with other third-party entities at Our sole discretion.
  • Your information being shared with Our partners, licensors and affiliates.
  • Receiving links to third-party websites and services, and/or display advertisements for third party service providers on Our Platform, which may have entered into a commercial relationship with Us (collectively, “Third-Party Links & Advertisements”).
  • Include Your posts, comments or content in featured categories, emails, and/ or any of Our other marketing efforts from time to time.
  • Our right to show or remove any of Your posts, comments and/ or content on the Platform at any time, for any reason at Our sole discretion.

INTELLECTUAL PROPERTY AND PLATFORM LICENSE

You explicitly agree and acknowledge that the copyright, database right and all other intellectual property rights to Our Platform, all underlying software on Our Platform and all rights associated or inherent thereunder (“Intellectual Property”), belongs to Us and are protected by the laws of India and/or foreign countries and You shall have no claim over it at any point of time.

Further, We may, where needed, call upon You to delete or edit Your posts/ content to adhere to the Advertisement Standards Council of India Code and Guidelines made thereunder, if applicable.

Subject to these Terms, You hereby grant to Us and Our subsidiaries, affiliates and partners, the worldwide, exclusive, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to reproduce, modify, edit, adapt, publish, translate, distribute, transmit, display, perform, post, re-post, share or otherwise use in whole or any portion of Your posts, comments and/ or content and to create any merchandise, developing any kinds of products and undertaking all kinds of commercial exploitations out of Your Content, at any time. You specifically agree that You nor any person acting under Your name or on Your behalf or under Your instructions shall not violate Our intellectual property rights in any manner.

Subject to these Terms and solely within the limits permitted by Us herein, We grant to You a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of Our Platform. This license does not include any redistribution of resale or commercial use of the Platform.

You shall not re-utilise Our Platform or systematically extract any part of the content, use any robots, hardware/ software, data mining or extraction tools for reutilization of the Platform. Further, You shall not create or publish anything which features parts of Our Platform without Our prior written permission.

Except as expressly provided in these Terms or as expressly authorized in writing by the Us, You shall not use any of Our intellectual property either alone or in combination with other words or design elements, including, in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual, or any other form.

References to other parties’ trademarks and/or any other intellectual property rights on this Platform including but not limited to Our payment service providers and other service providers are for identification purposes only and do not indicate that such parties have approved this Platform or any of its services. These Terms do not grant You any right to use the trademarks and/or any other intellectual property rights of such other third parties.

COMMUNITY GUIDELINES

The community guidelines (“Guidelines”) set hereinbelow is an illustrative list of actions which are not permitted while you access or use Our Platform (directly or indirectly). The Guidelines aim to protect and develop Our community of users and You agree and acknowledge that Your adherence to the following Guidelines constitutes a fundamental covenant under these Terms. It is Our policy to remove any content or comment or post which violates the Guidelines. We may remove the whole or part of any content if either the content or its associated captions violate Our Guidelines. We may also disable Your account (in part or in full) for a breach of the following Guidelines. Notwithstanding the above, We may resort to legal action or work with law enforcement officers when We believe that there exists a risk of physical harm or threat to public safety or any apparent violation of any applicable law.

  • Respect for intellectual property: We are committed to the development of quality posts on Our Platform and therefore We expect that you always own the content which You post/ upload on Our Platform. You shall post only authentic content on Our Platform and must not post anything copied or collected from the Internet that You do not have the right to post.
  • No inappropriate content: We do not allow nudity, pornography, or sexually explicit content on this Platform and We prohibit content depicting or supporting private parts of bodies, sexually inappropriate content, or any digitally generated content in relation to the same. For security reasons, We may have to remove content showing naked or partially naked as it may be used by others in unexpected ways.
  • Upholding integrity, authenticity and genuineness: We do not permit posts, comments or content which may be considered as spam or fake engagement, impersonation, misleading information that causes harm, or that violate any rights of other users. We forbid activities that may undermine the integrity of Our Platform or the authenticity of Our users.
  • No harm to minors: We are deeply committed to ensure the safety of minors. As mandated by the applicable law, We consider any person below the age of 18 as a minor and take best efforts to treat any users within the age of 13-18 with great care and caution. Any activities which indicate or amounts to abuse, harm, endangerment, or exploitation of minors on the Platform including animation or digitally created or manipulated media, that depicts abuse, exploitation, or nudity of minors is against our Guidelines and hence such content shall be taken down. When we become aware of any such exploitation of minors, We shall report it to appropriate bodies established for the protection of children/ minors.
  • Take care of yourself and others: We do not allow glorification or encouragement of self-injury. We remove Content that displays or encourages suicide, suicidal ideation, self-injury including fictional or graphic content regardless of context. We may contact emergency services in case we identify that any user on our app is at immediate risk of harming themselves.
  • Exercise caution while posting content: Content depicting graphic images or videos such as violent deaths or accidents, mutilated human parts, gore wounds, animal cruelty is forbidden, and We may remove such posts, comments or content to make sure that the Platform stays appropriate for all users. Since there are different people in different age groups who use Our Platform, We may remove any such posts, comments or content, at Our sole discretion. If You share such, posts, comments or content for raising awareness and for educational purposes, We encourage you to capture a warning about the graphic content.
  • Follow the law: We prohibit support or praise of terrorism, organized crime or hate groups on Our Platform. Further, offering sexual services and selling firearms and drugs are also not allowed. We also prohibit the trade, sale, promotion, and use of certain regulated goods, as well as the depiction, promotion, or facilitation of criminal activities, including human exploitation. Remember to follow the applicable law when you are using, accessing or posting comments or content on Our Platform. Content may be removed if it violates applicable laws and/or contains illegal content, even if Your actions are legal in the jurisdiction of posting.
  • No Phishing, Viruses or other malicious content: Do not post, comment or upload any content which may contain viruses, malware or other software which may be harmful to Our Platform or other users and any attempt to phish any other User, or hack or disturb/ deny our services or use or access to Our Platform to them.

GRIEVANCE REDRESSAL

User Complaints
  • We may, at our sole discretion, immediately stop providing You access to or otherwise block, prohibit or restrict Your use of the Platform, if any whole or part of the content uploaded by You on the Platform or Your use of the Platform, infringes upon any third-party intellectual property rights(such as copyright, trademark, trade dress, and right of publicity and the like)
  • We may consider complaints of possible infringement of the aforementioned right from third-parties or other users that own, or have the exclusive right to exploit, the aforementioned rights. You agree and acknowledge that We are not in a position to adjudicate disputes and therefore, if any third-party or other user(s) believe that the content uploaded by You on the Platform contains a material or any such things that are not authorized or not belonging to You or Your use of the Platform infringes upon the aforementioned rights of any third-party or other users of the Platform, upon receipt of the information enumerated below, We shall provide Your information to the third-party or other users claiming to be the owner of such content, with Your correspondence and contact information and direct that third-party or other users to contact You within seven (7) days to resolve this dispute. If the issue is not resolved or in case of an alleged infringement, in our sole discretion, We may remove Your Account and/ or any content uploaded by You on Our Platform, provided that the conditions below, are satisfied.
  • If You believe that Your intellectual property rights or other such rights have been infringed upon by any of our other users, please notify us at hello@con10tlabs.com. You must include within your notification the following information:
    • Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations).
    • Your full name, address, telephone number(s), and email address(es).
    • A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under the applicable laws in force.
    • A statement, under risk and penalty of perjury, that the information in the notification given by You to Us is complete and accurate and that You are or are otherwise authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.
    • Such other information or documents as may be sought by Us at that point in time.
    Counter Notices
    • If You believe that a claim of intellectual property infringement or infringement of any other right was filed by mistake or misidentification, You may file a counter-notice stating Your position and providing necessary details, documents and proofs as may be deemed necessary by You. If You materially misrepresent in Your counter-notice that Your content or Your use of the Platform is not, in any manner whatsoever, infringing upon the intellectual property rights or other such rights of any third parties, You may be liable for damages to the original complainant (including costs and attorney’s fees). Therefore, if You are unsure whether or not Your content or Your use of our Platform infringes on the rights of any third-party, please contact an attorney before filing the counter-notice.
    • If You submit a counter-notice, a copy of the counter-notice may be sent by Us to the complaining party informing the complaining party that We may replace the removed material or cease displaying it within ten (10) business days. Unless the complaining party files an action seeking a court order against You, the removed content may be replaced or access to it may be restored by Us within 10 (ten) to 14 (fourteen) business days after receipt of the counter-notice.
    Repeat Complaints
    • If We receive repeated complaints/ notices that You have posted others’ intellectual property/ content thereunder without their permission, We may terminate Your account. We may have a system for keeping track of repeat violators of intellectual property rights of third parties/ other users and determining when to suspend or terminate Your account and all suspension/ termination of accounts registered on the Platform shall be subject to the said system at Our sole discretion.
    • If You submit a counter-notice in response to the complaining party’s notice and that counter-notice is not answered by the complaining party, or if the dispute leads to legal proceedings that result in a court finding that You have not infringed the complaining party’s rights, We may allow You to continue posting Your content and permit Your use of the Platform.
    • We reserve the right to terminate accounts which act against the spirit of the Platform and these Terms, regardless of how many disputes/alleged notices issued against You are involved. We may accept complaints/ notifications of possible infringement of rights from users who claim ownership of any content uploaded by You on Our Platform.
    • Once notified, We, in our sole discretion, may remedy any alleged infringement by removing any suspected unauthorized content. Alternatively, We may notify the allegedly infringing party and/or provide a warning of such use of unauthorized content. Instances of further infractions can lead to possible suspension or termination of the allegedly infringing party’s account.

PERSONAL DATA PROTECTION AND CONFIDENTIALITY

  • Your Personal Information:The term “Personal Information” shall mean and include, but shall not be limited to any information which relates to you as a natural person, which (directly or indirectly) in combination with other information available or likely to be available to Us or any other third party, is capable of identifying You, (which may include, but is not limited to, Your contact number, residential address, gender, and details otherwise mentioned or indicated under the Information Technology Act, 2000 and rules thereunder) and which We may require from You to permit Your access to and use of the Platform. By providing Us with the aforementioned information as it pertains to You or by making use of the Platform and the services thereby provided, You hereby consent to the collection, storage, processing, and transfer of any or all Personal Information and non-Personal Information by Us as specified under this document and further agree that such collection, use, storage, and transfer of any or all of such information shall not cause any loss or wrongful gain to You or any other person.
  • By agreeing to the terms of this document or by use of the Platform in any manner (whether directly or indirectly), you provide your unconditional consent/ agreement (as provided under Section 43A and Section 72A of the Information Technology Act, 2000) to access and use your Personal Information which you have voluntarily provided to us in connection with the use of the Platform and the services availed by you thereunder.
  • You agree that We have the right to use Your Registration Data in connection with servicing and operating the Platform and in other manners as set forth in more detail under these Terms and Our Privacy Policy.

REPRESENTATIONS, WARRANTIES AND COVENANTS

Without limiting any representations, warranties or covenants which You have otherwise provided to Us under these Terms, You hereby specifically covenant, represent and warrant that:

  • You have full power to enter into these Terms, and Your performance and adherence to these Terms does not violate any other agreement, past or current, with any other party or contravene any provision of law applicable to You and in force;
  • You have not infringed nor will You infringe any right (whether it is privacy, publicity or intellectual property rights) of any third party in the provision of Your Content or otherwise in relation to Your obligations hereunder;
  • You shall comply with all of the obligations as set forth under these Terms and such other guidelines, policies and procedures as may be communicated to You by Us from time to time;
  • You shall not avail any use or service from our Platform beyond the contemplated functionality of Our Platform;
  • You shall not attempt to gain unauthorized access to Our Platform, or any networks, servers or computer systems connected to Our Platform;
  • You shall not use Our Platform in a way that may damage or impair (i) Our Platform or (ii) Our underlying systems and security in relation to the Platform;
  • You shall not access or use Our Platform in any unlawful manner, or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft;
  • You shall not modify, adapt, translate, or reverse engineer any part of the Platform in whole or in any part thereof (e.g., by creating a shadow site or Website that mirrors Our Platform, or substantially mirrors Our Platform);
  • You will not carry out any action or omit to do any action which will create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service providers (ISPs) or other partners, suppliers, contractors, vendors;
  • Your subscription to, registration on, use or access of the Platform explicitly confirms that you have fully read, understood and accepted these Terms as updated from time to time without any notice to You;
  • You are:
    • over the age of 18 (eighteen); or
    • over the age of 13 (thirteen) but under the age of 18 (eighteen) and in such case, You are using the Platform through an account created on the Platform by Your parent or legal guardian and with the consent of Your parent or legal guardian and that Your parent or legal guardian has reviewed and discussed the Terms with You.
  • The information provided by You to Us as part of the Registration Information and any other information (including Personal Information) which may be shared by You with Us due to your registration on, access or use of the Platform are correct, complete and not misleading in all respects. In the event that you discover that any information is inaccurate, incomplete or misleading or if there is a change to any of the aforementioned information, you agree to inform Us promptly by updating such information through the features available on the Platform.

INDEMNIFICATION

  • You hereby indemnify, defend, and hold Us, Our agents, employees, directors, customers, users and/ or authorised representatives, harmless from and against any and all losses, damages, liabilities expenses, fees, and costs arising from, out of or in connection with a) Your unauthorised use or access of Our Platform; b) Your breach of any whole or part of these Terms; c) any claim that Your access to or use of Our Platform infringes any third party rights; or d) breach of applicable laws.
  • Nothing in these Terms shall exclude or limit Our liability for any liability which cannot be excluded or limited under the applicable law in force in India. However, it is clarified that Your statutory rights as a user of Our Platform shall not be affected by these Terms.

DISCLAIMERS

  • You agree that Your use of the Platform is entirely at Your own risk. To the extent not otherwise set in this Terms and to the fullest extent permitted under the applicable law, the Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of (a) merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy, correctness, completeness or reliability of any Our services provided by Us or the content accessed by You either through the Platform or otherwise or third party services linked to the Platform and assume no liability or responsibility for any (i) errors, mistakes, deficiencies or inaccuracies in relation to the Platform, (b) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform, (c) any unauthorized access to or use of Our Platform, associated databases, secure servers and/or any and all Personal Information stored therein (d) Your use of Our services will meet your requirements (e) any information or content obtained by You as a result of Your use of Our Platform will be accurate or reliable.
  • We do not warrant, endorse, guarantee or assume responsibility for any products and/ or services advertised or offered by a third-party advertiser, sponsor, entity or person through the Platform or any hyperlinked website or featured in any banner or other advertising and We will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of such products and/ or services. As with the purchase of a product or service through any medium or in any public environment, You should use your best judgment and exercise caution where appropriate.
  • Without limiting the foregoing, We do not warrant that access to the platform will be uninterrupted or that the Platform will be error-free, or that defects will be corrected or that it will always be accessible. We also do not make any warranty as to the results that may be obtained from the use of the Platform for any searches which you may carry out, or as to the timeliness, accuracy, reliability, completeness or, information or materials or content provided/ generated through or in connection with the use of Our Platform. We shall not be responsible for the conduct, whether online or offline, of any users. We do not warrant that the Platform is free from viruses, worms, trojan horses, or other harmful components and do not guarantee that any personal information supplied by You will not be misappropriated, intercepted, deleted, destroyed or used by others. We may change, suspend, withdraw or restrict the availability of all or any part of the Platform for business and operational reasons at any time without notice.

LIMITATION OF LIABILITY

  • Under no circumstances shall We, Our employees, directors and authorised representatives or persons acting on Our behalf or in Our name be liable for any direct (unless necessary under applicable laws in force), indirect, incidental, consequential, special or exemplary damages arising in connection with Our services or Your access or use of Our Platform, Your use of or inability to use the Platform, even if advised of the possibility of the same including but not limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill, any loss of opportunity, any loss of data, loss of business or business reputation, business interruption, suffered by You.
  • We shall not be liable for any loss or damage which may be incurred by You as a result of: any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any third party who is an advertiser or sponsor or whose advertising appears on the Platform, any changes which We may make to the Platform, or for any permanent or temporary cessation in access to the Platform (or any features within the Platform); the deletion of, corruption of, or failure to store, any communications data maintained or transmitted by or through Your use of Our services; Your failure to provide Us with accurate information as required under these Terms; or Your failure to keep Your Login Credentials or account details secure and confidential.
  • We shall not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or otherwise or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
  • You shall be responsible for any mobile charges that may apply to Your use of Our services, including text-messaging and data charges.
  • To the fullest extent permitted by applicable law, any dispute You have with any third party arising out of or in connection with Your use of the Platform, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between You and such third party, and You irrevocably release Us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

LEGALLY BINDING DOCUMENT

This document is an electronic record under the Information Technology Act, 2000 (and the rules and regulations thereunder) as applicable including all provisions governing electronic records under various provisions of all applicable laws amended by the provisions of the Information Technology Act, 2000. This electronic record is generated by a computer system and shall not require any physical or digital signatures to be legally binding on You. More specifically, this document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 which requires publishing of the Privacy Policy and the Terms and Conditions for access or usage of the Platform and the services rendered thereunder.

GOVERNING LAW AND JURISDICTION

The Terms shall be subject to and interpreted in accordance with the Indian Laws and competent Court/s in Chennai, India shall have exclusive jurisdiction to try any dispute arising out of The Terms. In the event one party hereto shall commence any proceeding, at law, or in equity, against the other party or institute any counterclaim against the other party in any such proceeding, which proceeding or counterclaim relates to The Terms, the non-prevailing party in such proceeding or counterclaim shall pay to the prevailing party the prevailing party’s reasonable attorneys’ fees and other legal fees, expert or consultant fees and other costs and expenses incurred in connection with such proceeding or counterclaim (including post-judgment collection).

MISCELLANEOUS

  • Notices: You agree that all agreements, notices, disclosures, and other communications we provide to You electronically satisfy any legal requirement that such communications be in writing.
  • Updates to Terms: You agree that the Terms may be updated from time to time without notice to You. You hereby agree that You shall have the obligation to refer to the Terms from time to time and acknowledge any updations to the same (without any prior written notice to You). We agree that We shall take efforts which may be reasonably required to notify You regarding any changes to the Terms through a notice on the Platform or otherwise from time to time. You agree that Your continued access/ subscription to or use of the Platform shall be deemed to constitute your agreement to and acceptance of such updated/ amended Terms.
  • Updates to the Platform: We may, from to time, release new versions of the Platform, or release/introduce new and additional features to the Platform (such as in-app chat features, in-app rewards or currencies, in-app games and leaderboards, in-app content modification modules etc.), at our sole discretion, all of which shall be subject to these Terms and any additional terms of Services which may apply to such additional new versions or features.
  • Relationship between the Parties: You agree and acknowledge that the Parties herein are entering into a relationship on a principal-to-principal basis and nothing contained in these Terms or otherwise shall be deemed to create any partnership, joint venture or employee/employer relationship between You and Us.
  • Force Majeure: We shall not be liable for any failure or delay in its performance or for non-performance due to circumstances beyond Our reasonable control which would include but not limited by circumstances such as natural calamities, act of god, lockdown, pandemic, epidemics, war, riots, war like situations, state embargos, change of applicable laws, failure of infrastructure in India, failure of server infrastructure or such other circumstances as may be deemed to be beyond Our control by any reasonable person.
  • Severability: If one or more provisions of this Terms & Conditions are held to be void, voidable, illegal or otherwise unenforceable under applicable law, such provision shall be excluded from this Terms & Conditions and the remainder of this Terms & Conditions shall be interpreted as if such provisions were so excluded and shall be enforceable in accordance with its terms.
  • Waiver, Amendment and Entire Agreement: No waiver or amendment of any provisions of these Terms shall be effective unless made in writing and signed by an authorised representative of the Party against which enforcement of the waiver is sought. These Terms constitute the entire agreement between the Parties and supersedes all previous documents, agreements and correspondence, oral or written, which may exist between the Us and You.

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