This document/Agreement (hereinafter referred to as “Agreement”) sets forth the Terms of Use (hereinafter referred to as TOU) that apply to the access and use of the Website www.milestone101.com and its Mobile Application (collectively referred as “Platform”) which is managed and operated by Dunamis Lab Private Limited(hereinafter referred to as “Company/ We/ Us/ Our”), incorporated under the Companies Act, 2013 bearing CIN U74999DL2022PTC399575 and having its registered office at B-22, Basement Floor, Pamposh Enclave Greater Kailash Part - 1 South Delhi- 110048, India.
These Terms of Use are a legally binding document and an electronic record recognized under the applicable law based on the User’s country and is generated by a computer system and does not require any physical or digital signatures.
These Terms of Use govern the access and use of the Platform of the Company and the services provided thereunder. Please read these Terms of Use carefully before accepting. The User (hereinafter referred to as “Users/ You/Your”) by accepting the Terms of Use or by accessing, downloading, installing, browsing or otherwise using the Platform agree that you have read, understood, acknowledged and accepted these Terms of Use and use of the Company’s Platform, products and services. This Agreement along with Privacy Policy and other policies describes the relationship of the Company and Users which will be subject to the rules, guidelines, policies, Terms of Use applicable to any Service that is provided by this Platform and shall be considered as part and parcel of this TOU.
The Company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms of Use and any other policy related thereto without any prior notice. Your continued access or use of this Platform after such changes or modifications signifies your acceptance of the updated or modified TOU. Be sure to return to this page periodically to review the most current version of TOU.
PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS OF USE HEREIN CONSTITUES AN AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINED HEREUNDER.
1.1 Audition Scheduling Service shall refer to the Services, including but not limited to, offered to casting agent/agency, producer/director/production house to schedule auditions/screen tests.
1.2 Business Days means any day except any Saturday and Sunday or any day which is a gazette holiday or any day on which banking institutions are authorized or required by law or other governmental action to be close.
1.3 Casting Call Service shall refer to the Service, including but not limited to, offered to casting agent/agency, producer/director/production house to float opportunities for Talent.
1.4 MILESTONE 101 is the brand name of Dunamis Lab Private Limited under which all the Services mentioned in this Agreement are being provided.
1.5 Production Crew shall mean to include, as shown in the drop down menu on the sign-up screen, director/producer/executive producer/casting director/action director/assistant director/director of photography/camera operator/ digital imaging technician/VFX artist/production assistant/set designer/prop master/ lighting technician/grip or any other person/entity as maybe updated from time to time.
1.6 Talent shall mean to include, as shown in the drop down menu on the sign-up screen, actor/dancer/model/musician/singer/comedian/voice-over artist/ make-up artist/ theatre artist/extras/costume stylist/ writer/Production Crew or any other person/entity as maybe updated from time to time who shall register on the Platform to avail the Services on offer.
1.7 Talent Spotter shall mean a person/entity whose job is to search and engage Talent on the Platform. They may include, but not limited to production house/casting agency/modelling agency/talent agency or any other person/entity, as maybe updated from time to time.
1.8 Indian Citizen shall mean a person who is the citizen of India and has attained the age of majority i.e. 18 years of age.
1.9 Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of Company, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/contracts entered by the Company, formulas, in-house software’s, VPN etc. Intellectual Property of the Company also extends to the content made available to its Users.
1.10 Minor shall mean any person below the age of 18 years or the below the age of majority as per the applicable law of the User’s country.
1.11 Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify the individual.
1.12 Privacy Policy means policy as defined under clause 10 amended from time to time.
1.13.1 Talent Submission Service
1.13.2 Opportunity Dashboard Service
1.13.3 Skill Development Service
1.13.4 Casting Call Service
1.13.5 Audition Scheduling Service
1.14 Talent Submission Service shall mean the Service provided to the talent and their authorized talent representatives to upload resumes, photographs, audio and audiovisual clips, artwork, text, and other information and materials to the Platform.
1.15 Opportunity Dashboard Service shall mean and include but not limited to the news alerts, blogs, information regarding lifestyle, current trend in industry, book recommendations, and casting calls.
1.16 Skill Development Service shall mean and include the Service provided to the talent in form of Products which includes but is not limited to providing e- learning courses and resume building available on the Platform.
1.17 Territory as used herein in shall mean the entire world, unless specified.
1.18 TOU means these terms of use as amended from time to time.
2. Agreement to Terms
2.1 By clicking on “I AGREE” in the registeration page of the Platform, You confirms that You have read, understood, “opt in” and agrees to be bound by all of the Terms of Use set forth in the TOU, which shall constitute a binding contract between the You and ______.
2.2 Your right to access the Platform is conditioned on Your agreement to be bound by the TOU. If You do not wish to be bound by the TOU, You must exit the Platform immediately.
2.3 You are aware and You accept that all information, content, materials, products on the Platform is protected and secured.
2.4 You agree and authorize the Company to share your information, with its group companies, vendors, service providers of the Company and other third parties like directors/producers/production houses/ casting agents/ casting agencies, in so far as required for marketing purposes/offering/cross-selling various Services and/or to provide you with various value-added services, in association with the Services selected by you or generally otherwise.
2.5 You acknowledge and accept that the Company can at its sole discretion amend any of its Services being rendered in the Platform either wholly or partially at any time and/or provide an option to You to switch to other Service.
2.6 You acknowledge and accept that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of the Company or third party engaged by the Company to provide smooth functioning of the Platform. The permission given by Company to access the application will not convey any proprietary or ownership rights in the software/hardware of the Company.
2.7 You accept and acknowledge that not all the products and Services offered on the Platform are available in all geographic area and you may not be eligible for all the Services being offered by the Company on the Platform. The Company thus reserves the right to determine the availability and eligibility for any Service being offered on the Platform.
2.8 You acknowledge and agree that the Company shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any Service due to technical fault/glitch/ error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of the Company.
2.9 You agree that transactions made through the Company’s Platform shall be through Your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications or any other law applicable and being in force.
2.10 You agree and acknowledge that the Company reserves the right at its sole discretion to delete, block, restrict, disable, suspend Your account if You are found engaging in any fraudulent or illegal activity.
3. Eligibility Criteria
3.1 Access to the Platform is available only to individuals who can enter into legally binding contracts under the applicable law. The Platform is not intended for use by individuals under 18 years of age (or the applicable age of majority as prescribed under the law of the User’s country), except in cases where a minor is represented on the Platform by his/her agent/guardian subject to clause 3.2.. If you are under 18 years of age (or the applicable age of majority as prescribed under the law of the User’s country) and/or you are unable to enter into legally binding contracts under the applicable law, you do not have permission to use and/or access the Platform.
3.2 You agree and accept that where You are acting as a Guardian on behalf of a minor, you have the necessary authority to register/sign up for the Services on behalf of the minor. If the Company learns that the Company has collected PII from a minor, the Company reserve the right to immediately delete the information and the account created by such User. If You believe that a minor may have provided the Company PII, you may contact us at contact@milestone101.com
3.3 You are not barred or otherwise legally prohibited from accessing or using the Services under the laws of India or any other applicable laws, as may be in force.
3.4 You agree that the Company does not have the responsibility to ensure that You are following under the aforesaid eligibility.
4. Sign Up
4.1.1 Talent
4.1.2 Talent Spotter
and provide the Company with accurate and complete information commensurate to the type of signee.4.2 You acknowledge that the forgoing does not constitute an exhaustive list of signees and are subject to be updated from time to time at the sole discretion and will of the Company.
4.3 The special terms of use for the signee under clause 4.1 shall be separate and in addition to these TOU.
4.4 The subscription/membership fee for the signee under clause 4.1 shall be commensurate with the Services availed and type of signee.
4.5 The subscription/membership fee shall be displayed to You after You Sign Up as a signee under clause 4.1.
4.6 The information provided by you for the creation of Your account shall be considered as Sign Up information.
4.7 On successful Sign Up, You will be able to access Your own account by using Your username and password chosen during the Sign Up process.
4.8 You hereby agree and undertake to maintain and promptly update the Sign Up Information to keep it true, accurate and complete at all time.
4.9 You shall be responsible for all activities that occur through Your respective username and password.
4.10.1 Select a username, mobile number, email address or any other PII of any other person with the intent to impersonate that person; or
4.10.2 Use a name or contact details subject to any rights of any other person without appropriate authorization
4.10.3 Use password/details of any other User.
4.11 In relation to any PII being saved or processed, the Company shall meet the requirement of Information technology Law and shall adopt the technical and organizational measures as industry standards which are necessary to secure Your PII.
4.12 If the Company has the reason to believe the information/PII provided by You is incorrect, false, misleading in nature or otherwise not in accordance with the Terms of Use, then the Company shall be entitled to cancel or indefinitely suspend or block access to the Platform and refuse to provide access permanently for such period as the Company deems fit.
4.13 You agree that the Company shall not be liable for any unauthorized hacking of Platform leading to leakage or misuse of PII.
4.14 You agree that the Company shall not be held liable for any loss or damage arising from such unauthorized hacking and data leakage and Your failure to comply with these Terms of Use.
5. User Account
5.1 Subject to clause 4.1, You shall be responsible for all activities that occur through Your account.
5.2 You agree that the company shall not be liable for any unauthorized use or access of Your account.
5.3 You are responsible for safeguarding the password that is used to access the Platform for the Services. The Company encourages You to use strong password and change the password periodically with the account.
5.4 You agree that Company shall not be held liable for Your failure to comply with the abovementioned clause i.e. Clause 5.3.
5.5 You will be given an option to change the password for Your account on the Platform in case of any loss or compromise of password.
5.6 You agree to take all steps necessary to protect log in details and keep them secret, and not give login details to anyone else or allow anyone else to use Your login details or account. The Company shall not have any responsibility for the consequence of failure in case You fail to abide by the abovementioned clause and further agree to fully compensate the Company for any losses or harm that may result. Furthermore, the Company shall not be responsible for any loss that You may suffer as a result of unauthorized access to Your accounts and/or use of the Services, and the Company accepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.
6. Prohibited Conduct
6.1 You shall not access or use the Platform for any purpose except those specifically authorized by these TOU.
6.2.1 the disruption or interruption of the Platform;
6.2.2 the interference with access and/or use of the Platform by other Users;
6.2.3 the addition, deletion and/or modification of the Platform;
6.2.4 the collection, recording, storage, and/or use of PII about other Users of the Platform;
6.2.5 the breach, or attempt to breach, the security and/or authentication features of the Platform;
6.2.6 the modification, reverse engineering, decompilation, decoding, disassembly or otherwise accessing of the source code used by the Company in connection with the Platform;
6.2.7 the linking to the Platform in any manner that is false or misleading to the User;
6.2.8 the use of the Platform to send unsolicited communications, whether personal or commercial in nature;
6.2.9 the use of the Platform’ domain name(s) as a pseudonymous return email address; and/or
6.2.10 the use of any domain name that contains or is confusingly similar to the Platform domain name(s).
6.2.11 Without limiting the foregoing, and by way of example only, the User may not introduce any viruses, Trojan horses, spyware, or other software of any kind whatsoever, or engage in “flooding,” “spamming,” “spoofing,” “mail bombing,” “crashing,” “framing,” “deep-linking,” or the forgery of any information that states or suggests a false affiliation or origin of emails and other electronic matter.
7. Intellectual Property Rights
7.1 For the purpose of this Agreement, Intellectual Property shall mean as defined in Clause 1.7.
7.2 You acknowledge and agree that all intellectual property rights including trademarks and logos of the Company and the Platform shall vest in the Company and You shall not indulge in any act that construes that such trademarks and logos of the Company belongs to You
7.3 You acknowledge and agree that the Company owns all rights, title and interest in the Service and the Platform, including the intellectual property in the Service and the Platform developed, graphics, and programming code thereto, description, photographs, etc. created/use for You shall solely vest with the Company.
7.4 The Company grants You a limited license to access and make personal use of the Platform and Services.
7.5 Access or use of Platform does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights.
7.6 You agree and acknowledge that this license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub- license, grant a security interest in or otherwise transfer any right in the Service.
7.7 You agree and acknowledge that You do not have the right to use Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.8 You agree and acknowledge that You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademarks and copyright notices), which may be affixed to or contained within the Service.
7.9 You agree to not copy or transmit any of the Service.
7.10 You agree and acknowledge that You shall not use the Platform or its contents for any commercial purpose or make any speculative, false, or fraudulent transaction.
8. Third Party Sites and Services
You agree and acknowledge that for providing or for completion of Service, the Company may facilitate provisions of third-party products or services to You within the Platform or redirect You to such third-party application and website. In order to use these third- party services, You may need to accept additional Terms of Use and meet additional requirements as specified on their website.
8.1 You shall be bound by the terms of use of such third party website.
8.2 The Company does not exercise control over any third party websites and does not warrant any use thereof. You agree that the Company is not responsible or liable in any way with respect to the contents of the third-party websites. You shall be solely responsible for any loss or damage of any sort incurred as a result of transactions with such third parties. Any questions, complaints or claims related to any third party product or service should be directed to the appropriate third party.
8.3 Your interaction with any third party accessed through the Platform is at Your own risk, and the Company shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third party.
9. Communication Policy
9.1 By making use of the Platform, and furnishing your personal/contact details (PII), You hereby agree that You are interested in the Services, offers, campaigns etc. that the Company may offer/provide/share/send to You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
9.2 You hereby agree that the Company may contact You either electronically or through phone, to understand Your interest in the selected Services and to fulfil Your demand or complete Your application for the Services and to assist You for customer servicing.
9.3 You also expressly agree and authorize the Company and its partners, service providers, vendors and other third parties to contact You for the purpose of offering or inviting your interest in availing other products or services offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Platform or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
9.4 You acknowledge and accept that by using the Platform, You authorize the Company, its affiliates, partners and third parties to contact You for any follow up calls in relation to the Services provided through the Platform and for offering or inviting Your interest in availing any other Service offered by the Company or such third parties. You agree and consent to receive communications relating to all of the above on your phone/mobile number provided by You on the Platform
9.5.1 misuse by You or improper or fraudulent information provided by You;
9.5.2 incorrect number or a number that belongs to an unrelated third party provided by You.
9.6 You agree to receive communications through e-mails, telephone and/or SMS, from the Company or third parties. You also agree that the Company reserves the right to make Your details available to its partner banks/financial institutions, vendors, service providers, business partners, agents or any other third party for providing better Service and that You may be contacted by such partners and/or the third party for information through email, telephone and/or SMS.
10. Privacy Policy
The Company shall be committed to ensuring that the information furnished, as a part of sign up process mentioned above and in special terms of use, is secure and no unauthorized access or disclosure takes place with respect to the same. The Company has installed internal checks and mechanisms to ensure the same.
10.1.1 For improving services offered and received using the Platform;
10.1.2 For keeping internal records;
10.1.3 For market research purposes;
10.1.4 For the purpose of enhancing Your experience
10.2 In case You change Your mind and wish to discontinue sharing Your PII, You may express such intention by emailing us at contact@milestone101.com
10.3 The Company at all times reserves the right to disclose any information as may be required by law. This may include disclosure of information for investigation of an alleged illegal activity or its response to a lawful court order.
10.4 The Privacy Policy applies to all Visitors and Users to our Platform. To know more about the Company’s policy on collection and use of data, please go through our Privacy Policy available here.
11.1 You shall not use except as expressly authorized by this TOU or disclose Proprietary Information without the prior written consent of the Company unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
11.2 You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.
12.1 You agree to not post, submit, upload, distribute, or otherwise transit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage Platform or any connected network, or otherwise interfere with any person or entity’s or Users use or enjoyment of the Platform.
12.2 You will not engage in any form of antisocial, disrupting, or destructive acts, including but not limited to flaming, spamming, flooding, trolling and phising as those terms are commonly understood and used on the Internet.
12.3 You will not delete or modify any content of the Platform, including but not limited to legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify.
12.4 In light of Clause 4.3, You agree that the Company shall not be responsible in any manner for any mistake or error, delay or cancellation in the transaction settled or failure of any Financial Institution or any other regulatory authority. In no event shall the Company be liable for special, indirect, incidental or consequential damages, regardless of the form and action (including negligence or strict liability), whether or not such party is advised or might have anticipated the possibility of such damages.
13.1 In no event shall the Company or its directors, employees, associates, partners, or suppliers be liable to You for any loss or damage that may cause or arise from or in relation to these TOU or due to use of this Platform.
13.2 You agree to indemnify the Company or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Platform (ii) non-performance and/or non- observance of the duties and obligations under these Terms of Use or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.
13.3 You warrant that all the details and information provided by You to the Company or its directors, employees, associates, partners, or suppliers while using this Application shall be correct, accurate and genuine.
13.4 To the fullest extent permissible pursuant to applicable law, the Company and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non- infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from the Company or through the Application will create any warranty or guarantee other than those expressly stated herein.
13.5 The Platform and all content and Services are provided on an "as is" and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Company makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up- to-date, complete, comprehensive, accurate or applicable to your circumstances; (b) The Platform will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Platform or any Services offered through the Platform will be accurate or reliable; or (d) the quality of any Services, , information, or other material obtained by Yxc ou through the Platform will meet your expectations.
13.6.1 Lack of authorization for any transaction/s, or
13.6.2 Any payment issues arising out of the transaction, or
13.6.3 Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a you;
13.6.4 Decline of transaction for any other reason(s)
13.7 Use of the payment facilities provided by the Platform shall not render the Platform liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products or services listed on the Platform. The Platform shall not be responsible for any damages, interests or claims arising from not processing a transaction.
YOU AGREE AND UNDERSTAND THAT ALTOUGHT THE COMPANY HAS TAKEN ALL NECESSARY STEPS AND PRECAUTION, THE PLATFORM IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT INCLUDED ON THE APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS, THE COMAPNY IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS.
THE COMPANY WILL MAKE AN EFFORT TO KEEP THE INFORMATION PROVIDED BY THE COMPANY ON THE PLATFORM INCLUDING BANK DETAILS, BREANCH DETAILS, RATE OF INTEREST UPDATED HOWEVER DOESNOT WARRANT FOR ANY DIFFERENCE NOTED AT ANY POINT IN TIME.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14.1 The Company shall inform you, at least once a year, on the Platform that in case of Your non-compliance with these TOU, special terms of use and Privacy Policy Your account shall be liable for Termination by the Company.
14.2 The Company reserves the right, in its sole and absolute discretion, to suspend or terminate Your use of one or more Platform Services, without notice and without liability to You or any third party, for any reason, including without limitation inactivity or violation of these TOU, Privacy Policy and special terms of use or other applicable policies that the Company may publish from time to time
14.3 Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Platform Services.
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these Terms of Use or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, pandemic, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
16.1 Company reserves the right to make changes to the Platform, related policies and agreements, this TOU, Privacy Policy and special terms of use at any time as it deems fit and proper, prospectively or retrospectively including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services and ancillary services, company re-organization, market practice or customer requirements without any prior intimation to You. You are requested to carefully read these TOU from time to time before using the Platform. It shall be your responsibility to check these Terms of Use periodically for changes. Upon any change, Company will notify the updated TOU on the Platform or other means. The Company may require You to provide Your direct or indirect consent to any update in a specified manner before further use of Platform.
16.2 If no such separate consent is sought, Your continued use of the Services and ancillary services shall constitute acceptance of the changes and an agreement to be bound by Terms of Use, as amended. If You do not agree to the changes, you may please discontinue your use of the Services and ancillary Services.
16.3 Company reserves the right to discontinue or suspend, temporarily or permanently, the Services including ancillary services, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Platform or maintain the security and integrity of the Services. You agree that Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
16.4 You agree not to use the Services and ancillary services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of other.
In case of any dispute or difference that may arise between the parties in connection with or arising out of this Agreement, the Parties of the Agreement shall resort to Arbitration as the preferred dispute resolution mode in accordance with Arbitration and Conciliation Act, 1996.The sole arbitrator shall be selected by the Company. The place of arbitration shall by New Delhi, India. The seat of arbitration shall be New, Delhi, India and the language to be used in the arbitration shall be English..
These Terms of Use, together with the other guidelines, rules, terms, conditions and/or policies of the Platform, including the Privacy Policy and any other arrangement/agreement in relation the Services, constitute the entire agreement between You and Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and US pertaining to the subject matter hereof.
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.
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