planBIM is a cloud-based multi-platform application designed to assist various stakeholders in the construction industry to plan their digital construction processes more efficiently. planBIM is owned and operated by Techture Structures Pvt. Ltd (hereinafter referred to as “the Company”, “We”, “Us”, or “Our”) operating from its head offices at 1st Floor, Junipers-Hemant Building, Plot No. 2, IT Park, South Ambazari Road, Nagpur – 440022, Maharashtra, India.
TERMS OF SERVICE
Last updated: July 08, 2019
Acceptance of Terms
The Company is the owner and operator of the Service offered through the website located at www.planbim.io (“Platform”, “Website” or “Site”) and the planBIM mobile application available through the App Store and Google Play (“App”). The Website and mobile application are hereinafter collectively referred to as “planBIM”, “Platform”, “App”. By accessing the Platform, or otherwise using the Service provided by the Company, you agree to be bound by the following Terms of Service.
PLEASE CAREFULLY READ THIS AGREEMENT BEFORE PROCEEDING TO USE THE SERVICE. IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE.
The Company reserves the right in its sole discretion to offer tools and services that may require you to agree to additional Terms than those stated in this Agreement. By proceeding to use such tools and services, you expressly agree to abide by such additional terms.
Our Services are not designed for Users who are under the age of eighteen (18) years or anyone who is considered a minor in the country of their current residence. If you are under eighteen (18) years of age or considered a minor in your local jurisdiction, you may not use our Service.
Where you enter into this Agreement on behalf of an entity or another party, you represent and warrant to the Company that you are of the age to grant digital consent in your current country of residence, and you have the authority to act on behalf of that entity and to bind the former to this Agreement.
You also represent and warrant to the Company that you as well as all your Authorized Users will use the Service in a manner consistent with all applicable laws and regulations and in compliance with this Agreement.
Unless expressly stated otherwise, any reference to the following words in this Agreement will hold the meaning as defined hereunder:
“Admin/s” – refers to a User who is able to manage a workspace including but not limited to add/remove Users, Projects and Company details. .
“Authorized Access” – means the use of the Platform by a User as authorized by the Workspace Owner and in accordance with this Agreement.
“Confidential Information” – refers to information as defined in Article 10 of this Agreement.
“Editor/s” – means a User who has been authorized the permission to edit a project in a specific workspace.
“Manager/s” – means a User who has been authorized to edit, add or delete a project in a specific workspace.
“Services” means the all the software features, functionality, hosting, system administration/management, maintenance services offered by the Company through the Platform as well as any other proprietary intellectual property made available by the Company to its Users subject to this Agreement or pursuant to any other applicable Agreement.
“Software” – means any proprietary software provided by the Company to its Users, including but not limited to planBIM.
“Subscription Term” – means the period during which the Company will provide a Subscriber, and its authorized users access to the Software and Services.
“User Account” – means a Platform account provided by the Company to a User with its own unique User ID and Password.
“User” – means a natural person with an active User Account on the Platform.
“User-Generated Content” – means all data added, uploaded, stored, shared or otherwise transmitted by Users during the use of the Platform as defined in Article 9 of this Agreement.
“Viewer/s” – means a User who has been granted the right to view a project.
“Workspace” – refers to one or more workspace within planBIM User Account that enables Users in that Workspace to make use of the Services.
“Workspace Owner” – refers to a User who has access to account billing, ability to upgrade or downgrade a workspace.
User Account Set-up and Security
You are required to sign-up for a User Account in order to make use of the Service offered by the Company. We believe in data minimisation and make our best effort to request only personal data that is essential for us to deliver our Service to you. You will be required to provide us with all requested personal data when you sign-up for a User Account. You agree to only provide us with true, complete and current personal information at the time of your account registration and to keep this information up to date in the event of any changes.
Please note that the Company issues all User Accounts at its sole discretion. We are not under any legal or moral obligation to provide a User Account to any person, and we reserve the right to refuse any User Account at our sole discretion.
Account Verification – We may use two factor authentication to verify your account. By providing us with your phone number, you authorize us to use your mobile phone number for sending you a verification text (SMS) message for account verification. In the event your telecommunication service provider charges you to receive verification text messages, such charges are for your personal account and the Company will not be held liable for the payment of such fees.
Your User Account is access controlled, and the system relies upon the User to protect their login credentials. You accept that you are solely responsible for any activity that occurs under your account and you agree that you will maintain the confidentiality of your user id and password. You are strictly prohibited from sharing your username and password with another person or from allowing another person to use your User Account. You should always log out of your User Account when you are not using it. In the event of any security breach or suspicious activity, you must immediately notify us at [email protected] You hereby release the Company and its officers from any liability, claim or action arising out of or associated with any unauthorised access to your User Account or other similar security breaches. You understand that your decision to use the Service offered by the Company is entirely at your own risk.
You accept and acknowledge that your access and use of the Service is governed by your selected subscription plan and subject to the fulfilment of your obligations as set out in this Agreement.
We reserve the right to immediately suspend or terminate your User Account if we discover that you are using the Service for any illegal activity or if you are in breach of this Agreement.
Please note that the use of the Service requires access to the internet. The Company will not be held liable for any data connectivity charges incurred by you or your authorized users during the course of this Agreement, and all such charges are solely for the User’s own account.
Subscriptions and Payments Policy
Subscription Fee and Payments Policy
A default workspace is created for each User Account, and the User Account holder is the default owner (“workspace owner”) of that workspace. If a workspace owner wishes to make use of premium features offered by the Company, the workspace owner can easily upgrade any one or more workspace/s to one of the paid plans offered by the Company, and/or create additional workspaces. The subscription fee payable by the workspace owner is calculated based on the number of Editors (“Billable User”) added to project/s in one or more upgraded workspaces according to the subscription plan.
Please note that when a workspace is upgraded, all projects within that workspace have premium features according to the selected plan, however, upgrading one workspace does not impact any other workspace that may be owned by that workspace owner.
The Company currently offers multiple monthly and annual subscription plans. All subscription plans and accompanying subscription fees are available on our Website and quoted in USD (excluding any applicable taxes and transaction fees).
Changes to Subscription Term
If you initially subscribe to a monthly term for your selected plan but wish to switch to an annual term, you can easily do so by accessing your workspace settings.
When you switch from monthly term to annual term, you will be instantly subscribed to the annual term and your payment method will be charged immediately for each Billable User for the following 12 month period according to your selected plan.
When you switch from annual plan to a monthly plan, you will receive a refund in planBIM credits for the unused portion of your annual term.
Adding and Removing Billable Users
Workspace owners can easily add or remove Billable Users at any time during their subscription term in accordance with the provisions outlined hereunder:
When you add a new Billable User to your workspace, you will be billed for such new User on your next billing date. You will be billed an updated subscription fee to include the new Billable User for the coming month as well as the period of the last billing cycle during which that Billable User had access to the workspace.
When you remove a Billable User from your workspace, you will receive a refund of planBIM credits on your next billing date. Your subscription fee will be recalculated to exclude the removed Billable User, and you will receive a prorated refund of planBIM credits for the days that Billable User did not have access to the upgraded workspace.
When you add a new Billable User to your workspace, you will be immediately billed for such User for the full remaining period of your current annual term. If you remove a Billable User from your workspace, you will receive a refund in planBIM credits equal to that Billable User’s portion of the paid subscription fee for the remaining period of your annual term.
For example – If three months after you upgrade your workspace to an annual plan, you add a new billable user. You will only be charged for the new user for the remaining nine months of your annual term according to your selected workspace subscription plan. On the other hand, if you remove a Billable User ten months after upgrading your workspace, you will receive a refund in planBIM credits equal to the subscription fee paid by you for that User for the remaining two months of your term.
Subscription Plan Upgrade and Downgrade
You may upgrade or downgrade your workspace plan by accessing your workspace settings through your User Account. You understand and accept that when you downgrade your workspace, you will cease to have access to all the premium features and functions that were available to under the upgraded plan. The Company will not be held liable for any loss incurred by you as a result of your decision to downgrade your workspace. All upgrades and downgrades will become effective immediately. You will be billed when you upgrade the workspace and each month or year thereafter on an automatically recurring basis. If you downgrade a workspace, you will receive a refund in planBIM credits for the remaining term of your subscription term.
Purchase One-Off Credits
In addition to our subscription plans, we also enable Users to purchase planBIM credits which can be used to purchase additional storage space. All such purchases are billed at the time the User places their order for the planBIM credits. Please note that planBIM credit purchases are billed in addition to your subscription fees.
In the event we are unable to process your payment to renew your current plan for the new billing cycle, we will notify you of the declined charges at the contact information provided by you. If you fail to make the payment within 14 calendar days from the date we notify you of the failed charges, we reserve the right to suspend your upgraded workspace until such time that we receive the full outstanding subscription fee or terminate such workspace. Please note that it is solely your responsibility to update any credit-card information to avoid your subscription payment being declined. All unpaid subscription fees shall bear monthly interest at the prime rate from the due date until such time that the payment is received by the Company.
The Company reserves the right to modify any plans, subscription fees, payment, cancellation and refund policy at any time by amending these Terms and the subscription prices listed on our Website. In the event of any change in our subscription fees which requires you to pay higher fees than you paid in the last billing cycle, we will give you at least thirty (30) days notice before charging you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to cancel your subscription or downgrade your current plan.
Please note that we may offer special promotions. If you accept a promotional upgrade during the term of your current plan, your current plan will immediately be upgraded upon your acceptance of the promotional offer.
Either the User or the Company may terminate a User Account in accordance with the provisions of this Agreement.
Account Termination by Users
You may terminate your User Account by accessing your Account Settings or by contacting us at [email protected].
It is solely your responsibility to ensure that you export all your project related data that you wish to access at a later stage before terminating your User Account. Unless expressly specified otherwise, the Company is not under any legal obligation to retain your project related data for longer than 14 calendar days (‘project data retention period’) from the date of your account termination. Please note that the Company will purge all project related data after 14 days from the date of your account termination. The Company will not be held liable for any losses or damages incurred by you, another User or any third-party as a result of your failure to export any project related data prior to your account termination.
Cancellation by Company
The Company reserves the right to terminate any User Account that has been inactive for a continuous period of 12 months. We will give at least 30 calendar days notice prior to terminating any inactive accounts. To avoid termination as a result of inactivity, please respond to our notification email. In the event, we do not receive any response from you and the 30 day notice period has lapsed, we will terminate your account without incurring any liability for such termination.
In addition to User Account suspension or termination on the grounds of non-payment of the subscription fee, the Company reserves the right to terminate this Agreement or your access to the Service at any time without giving any prior notice to you if we find that:
- You have violated the terms of this Agreement;
- You have violated any applicable laws;
- Your conduct is harmful to the Company or any of its Users; or
- We cease our business operations for any reason.
Please note that any termination of this Agreement by you or the Company will not affect the rights and remedies available to the Company under this Agreement or release you of your payment obligations towards the Company.
The Platform enables Users to post, upload and share text, graphics and other similar content (“User-Generated Content” or “Your Content”). You accept sole responsibility for Your Content. The Company does not claim any ownership of Your Content or assume any responsibility for any information contained in Your Content. All User-Generated Content is the responsibility of the User who initially posted/uploaded such User-Generated Content on the Platform.
Your Content is accessible to all Users who you authorize to access your User-Generated Content through the Platform. It is solely your responsibility to ensure that you do not share your User-Generated Content with any User who you do not want to access it. By posting, uploading, sharing Your Content through the Platform, you represent to the Company that Your Content does not violate any applicable laws or any provision of this Agreement.
By posting, uploading or sharing Your Content through the Platform, you also grant the Company the revocable, non-exclusive, royalty-free license to process, publish, adapt, modify, transmit, reproduce, distribute and display Your Content during the provision of our Services in accordance with this Agreement. Due to technical limitations, we may be required to modify or adapt Your Content when transmitting, distributing or displaying it.
The Company will not be liable for any errors or omissions in any User-Generated Content or any actions, claims, damages arising out of or associated with any User-Generated Content. Please note that the availability of any User-Generated Content through our Service should not be interpreted as an endorsement of such User-Generated Content by the Company.
We do not monitor any User-Generated Content however we reserve the right to remove any User-Generated Content at any time if we have a reason to believe that such User-Generated Content violates any provision of this Agreement or other applicable laws. Please note, although we use all reasonable and commercially viable security measures to protect Your Content we are unable to offer any guarantees.
Any personal data provided by a User to the Company during Account Sign-up does not constitute User-Generated Data, and the processing of such personal data is not governed by this provision.
Excluding the User-Generated Content, all content and Services made available by the Company including without limitation, the text, graphics, audio, video and software used to create and deliver the Service are owned by the Company (“Company Content”) and/or licensed to the Company by our licensors (“Licensed Content”). All Company Content and Licensed Content is subject to trademark, copyright, patents and other applicable intellectual property laws and conventions. You understand that the Company and its Licensors reserve ownership and copyright in their respective intellectual property.
The Company only grants you a revocable, non-exclusive, license to use the Platform Service subject to your acceptance of this Agreement and for non-commercial use only. You understand and agree that you are not acquiring any ownership rights or title in or to the Service or the underlying technology that the Company owns and uses to deliver you the Service. Any unauthorised use of the Company Content or Service may result in suspension or termination of your User Account.
planBIM is Company’s unregistered trademark. Any use of our unregistered trademark for any product or service that is not owned or operated by us is strictly prohibited.
The Company reserves all rights that are not expressly granted under this Agreement.
‘Confidential Information’ refers to all information and materials furnished by either party, which is either marked as confidential or verbally noted as confidential at the time of disclosure. Any information which a reasonable person would deem to be non-public information will also be deemed to be confidential information. A User’s Confidential Information includes User-Generated Content as available in a User’s workspace or other similar data uploaded by a User on the Platform.
The Confidential Information disclosed by each party will remain the sole property of such party. Confidential Information will be used by the recipient party to exercise the rights and obligations under this Agreement, only as authorized by this Agreement. Except as expressly provided herein, each party will hold the Confidential Information of the other party in strict confidence and protect such Confidential Information from disclosure using the same care it uses to protect its own Confidential Information.
Unless expressly provided herein, no Confidential Information will be disclosed by the receiving party without the prior written consent of the other party. Notwithstanding the foregoing, each party may disclose this Agreement and the other party’s Confidential Information to its directors, shareholders, employees, attorneys, agents, auditors, insurers, potential investors and subcontractors who require access to such information in connection with their engagement and who are obligated to keep such information confidential as set out herein. The party employing or engaging such persons is responsible and liable for their compliance with these confidentiality obligations.
Confidential Information will not include any information which:
- is or becomes generally known to the public by any means other than a breach of the obligations by the receiving party;
- was previously known to the receiving party or rightly received by the receiving party from a third party;
- is independently developed by the receiving party; or
- is subject to disclosure under a court order or other lawful processes.
Both Parties recognize and agree that the use or disclosure of any Confidential Information of a party in a manner inconsistent with the provisions of this Agreement may cause the disclosing party permanent damage for which adequate remedy at law will not be available. Accordingly, each party shall be entitled to seek temporary or permanent injunctive relief against such breach or violation from any court of competent jurisdiction immediately upon request. The right of each party to seek injunctive relief shall not limit in any manner that party’s right to any other additional remedies at law or in equity.
If Confidential Information is required to be disclosed by law or governmental authority, including pursuant to a subpoena or court order, such Confidential Information may be disclosed, provided that the party required to disclose the Confidential Information:
(i) promptly notifies the disclosing party of the disclosure requirement;
(ii) cooperates with the disclosing party’s reasonable efforts to resist or narrow the disclosure and to obtain an order or other reliable assurance that confidential treatment will be provided to the disclosing party’s Confidential Information; and
(iii) furnishes only Confidential Information that requested party is legally compelled to disclose according to the advice of its legal counsel.
The User understands and agrees that:
- The User shall be solely responsible for his/her actions when using the Service;
- The Company is not responsible for any User-Generated Content and any information contained therein;
- The User shall be responsible for keeping his/her User Account login credentials confidential;
- The User shall be responsible for any unauthorized access to the User’s Account and/or any loss of User-Generated Data;
- The User will only use the Service as permitted by applicable law;
- The User will maintain complete backup records of any information uploaded/posted on the Platform to prevent any loss of data in case of system failure or termination of User’s access to the Service or any other unforeseeable event;
- As a User Account holder, User consents to receive system and policy related updates and notices at the email address provided by the User during Account Sign-up. This provision is binding for the entire duration that User’s account is active.
The User shall not engage in any prohibited activities outlined below. The User specifically agrees not to:
- Access another person’s User Account;
- Allow others to use his/her own User Account;
- Upload, post, share or promote any content that is demeaning to an individual or a group, whether based on race, disability, age, sexual orientation, gender identity, violent, pornographic, sexually explicit, defamatory, suggestive, illegal or unethical;
- You will not use the Service to send unsolicited emails or spam;
- Modify, adapt, translate, or reverse engineer any portion of the Service;
- Scan, test or probe the vulnerability of the Service;
- Breach or circumvent any security measures used by the Company to protect the Service;
- Breach any confidentiality obligations towards others through the use of the Service;
- License, sublicense, sell or resell the Software and Service made available by the Company for any commercial purposes;
- Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- Harass or threaten any Company employees, agents or affiliates or any other User;
- Violate the intellectual property rights, privacy rights or any other rights of another person;
- Use any alternative means to access the Services other than the means provided by the Company;
- Submit any content or material on any third-party websites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
- Use the Service for any illegal activity including but not limited to:
- Transmitting any illegal content;
- Transmitting any viruses, Trojan horses or other code of similar harmful and destructive nature;
- Transmit content that is deemed harassing, libellous, defamatory, contains any terrorist activity, terror propaganda or other content that may be deemed harmful to others by law;
Release for Marketing Purposes
The User expressly grants the Company, its successors and assigns the unrestricted right to use the User’s name (individual or entity) and relationship with the Company for any commercial, promotional / marketing purposes that the Company may undertake to promote its Services. The User agrees that User’s name may be combined with images, texts, graphics in a manner that the Company deems fit and that would not harm the reputation of the User.
The User hereby releases the Company and discharges the Company and its successors and assigns from any claims, demands, or causes of action that the User may have against the Company by reason of anything contained in any of the aforementioned uses, including any claims based on the right to privacy, the right of publicity, copyright, libel, defamation or any other right. The User acknowledges and agrees that the User is not entitled to receive any form of payment from the Company and/or its successors and assigns.
The Company uses cloud storage as well as other services, applications and tools that are not owned and operated by the Company (“Third Party Applications”). The Company only makes use of these Third Party Applications to deliver our Service to you, and our use of any Third-Party Application does not constitute an endorsement or assumption of liability for such Third Party Applications’ conduct. You hereby release the Company from all claims, actions and liability arising from any action or omission of such Third Party Applications. This provision is void where prohibited by law or if in breach of any Service Agreement between the Company and the Third Party Application.
Maintenance and Technical Support
Temporary deactivation or Suspension
The Company reserves the right in its sole discretion to deactivate or/and suspend your access to the Service with or without giving any prior notice to you to carry out: system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify User for any loss or/and damage or/and costs or/and expense that User may suffer or incur, as a result of such deactivation or/and suspension.
Unless expressly agreed otherwise, all technical support requests must be sent to [email protected] Please note that in order for our technical support team to assist you with technical issues, we would require your cooperation including providing a detailed description of the issue which may require you to provide us with screenshots or screencasts demonstrating the technical issue that you are facing. It is solely your responsibility to redact any sensitive or personal information from any screenshots/screencasts before sharing them with our technical support team. You understand and accept that our Employees may come into contact with your confidential information when resolving any technical issues experienced by you. Our employees are bound by our confidentiality agreements which prohibits then from disclosing any user’s business or personal to any third-parties.
Please note that our technical support service is a privilege that is only available to Users who comply with this Agreement.
We are unable to assist Users who breach any provision of this Agreement or Users who refuse to cooperate with our technical support team to resolve the issue. The Company will not be held liable for any loss or damage suffered by a User as a result of User’s breach of this Agreement or failure to cooperate with our technical support team.
We reserve the right in our sole discretion to introduce new features and functionality, modify existing features and amend any provision of this Agreement. Any changes in features and functionality of the Service will become effective from the date of implementation. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this page. Where any amendment to this Agreement impacts your rights and obligations, we will notify you of such changes to the Terms through an email before the effective date of the amended Agreement. Please take some time to review these terms regularly to familiarise yourself of any material changes. You hereby release the Company from all liability arising from your failure to review such modified Terms.
Disclaimer of Warranties
THE SOFTWARE AND SERVICE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE BASIS”. UNLESS EXPRESSLY STATED IN THIS AGREEMENT, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO USER’S ACCOUNT OR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY.
THE COMPANY DOES NOT OFFER ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY OR SECURE OR THAT ANY DEFECTS WILL BE CORRECTED. THE COMPANY CANNOT OFFER ANY WARRANTY THAT YOU WILL ACHIEVE SPECIFIC RESULTS FROM THE USE OF THE SERVICE.
USER UNDERSTANDS AND AGREES THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED BY THE USER OR ANY OTHER PARTY AS A RESULT OF ANY UNAUTHORISED ACCESS TO USER’S ACCOUNT. THE COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OF DATA, DATA BREACH OR OTHER PRIVACY IMPLICATIONS ARISING AS A RESULT OF USER’S INTENTIONAL OR NEGLIGENT ACTION OR OMISSION DURING THE USE OF THE SERVICE.
USER UNDERSTANDS AND AGREES THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY USER-GENERATED CONTENT. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE TO USER’S COMPUTER EQUIPMENT RESULTING FROM ANY MALICIOUS CONTENT SENT BY ANOTHER PERSON THROUGH THE USE OF THE SERVICE. USER’S DECISION TO USE THE SERVICE IS AT USER’S SOLE RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF GOODWILL ARISING FROM OF OR ASSOCIATED WITH THE USE OF THE SERVICES OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO:
- USER’S USE OR INABILITY TO USE THE SERVICE,
- ANY INTERRUPTION, ERROR, OMISSION OR OTHER SIMILAR ISSUE WITH THE SERVICE,
- ANY UNAUTHORISED ACCESS TO USER’S ACCOUNT,
- ANY ALTERATION TO USER’S USER CONTENT BY A THIRD PARTY DUE TO UNAUTHORISED ACCESS TO USER ACCOUNT,
- ANY LOSS OF FORMATTING DURING TRANSMISSION OF USER CONTENT, OR
- ANY OTHER CLAIM ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICE EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY AND IT’S OFFICERS TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF THE TWO AMOUNTS: THE AMOUNT PAID BY THE USER TO THE COMPANY THREE MONTHS PRECEDING THE DATE WHEN THE CLAIM FIRST AROSE OR ONE HUNDRED USD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, IN SUCH EVENT THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal fees, asserted by a third party against you, arising out of or in any way connected with:
- Your use of the Service;
- The violation of these Terms by you;
- Your gross negligence or willful misconduct;
- The infringement by you, or any third party using your Account, of any intellectual property or other rights of any person or entity;
The Company reserves the right, at its own expense to assume the exclusive defence of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.
ICA Arbitration Clause
“Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this Agreement or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.”
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India without any regard to its principles of conflict of laws. If for any reason the Alternative Dispute Resolution is not available or applicable, the Parties agree to submit to the exclusive jurisdiction of the courts of Maharashtra for all legal proceedings.
If you have any questions about this Agreement, please send us a message at [email protected] or alternatively you can write to us at the address provided below:
1st Floor, Junipers-Hemant Building, Plot No. 2, IT Park, South Ambazari Road, Nagpur – 440022, Maharashtra, India
Unless expressly stated otherwise, any notice, request, demand or communication to be given by User to the Company shall be made in writing to the Company representative at [email protected]
Any notice to be given by the Company to User shall be sent to the email address provided by User at the time of account registration.
If for any reason, any provision of this Agreement or any part of any provision is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
No Class Action
Neither the Company nor User shall bring any action against the other as a class member in any class action. Any claim brought by the Company or User must be brought in their own individual capacity. USER HEREBY ACKNOWLEDGES THAT USER HAS READ AND UNDERSTOOD THIS PROVISION, AND AGREE TO BE BOUND BY IT.
The Company may assign any of its responsibilities and/or obligations to any other natural Person, as well as juristic person, at its sole discretion, without giving any notice to User. However, User shall not assign or transfer any rights or obligations under this Agreement to any other party, without the express written consent of the Company.
Neither the Company nor User will be held liable for failure to perform any of their obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.