TERMS OF USE
THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011 AND CONSUMER PROTECTION (E COMMERCE RULES) 2020. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN SPLANG ATELIER PRIVATE LIMITED, AND USER. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN SPLANG ATELIER PRIVATE LIMITED AND USER FOR SERVICES THROUGH PLATFORM https://www.splangit.com/ . IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGED/MODIFICATIONS NOTIFIED BY SPLANG ATELIER PRIVATE LIMITED.
BY ACCEPTING THE TERMS OF USE, YOU CONSENT TO BE CONTACTED OR ALLOW BUSINESS SOLICITATION BY SPLANGIT.COM VIA CALLS/SMS/EMAILS/CHAT AND YOUR REGISTRATION TO PLATFORM OVERRIDES ANY DND SUBSCRIPTION AND/OR SIMILAR SUCH OTHER SERVICE.
1. INTRODUCTION
Welcome to the Platform that is owned and operated by Splang Atelier Private Limited, a Company registered under the Companies Act, 2013 which offers a range of services in respect of a fully equipped, shared workspace designed specifically for professionals in the beauty and hair services industry. Our facility not only caters to the beauty and grooming needs of individual clients but also fulfills the professional setup requirements of Salon Artists. With proper infrastructure, necessary tools, beauty products and a professional ambience, We provide an ideal environment for both individual clients as well as Salon Artists under the brand name Splangit.com (hereinafter referred to as “Splangit.com”, which expression shall unless repugnant to the context thereof, include its successors and assigns).
If You continue to browse and use this Platform or download any material from the Platform, You are agreeing to comply with and be bound by these terms and conditions of use of the Platform (“Terms of Use/Agreement”), which, together with our privacy policy (“Privacy Policy”), govern Platform’s relationship with You. IfYou disagree with any part of these Terms of Use, You may not use this Platform and the Services provided through this Platform.
For the avoidance of doubt, it is clarified that these Terms of Use and Privacy Policy shall apply to all the Services offered by Splangit.com
2. DEFINITIONS
- “Appointment” shall mean a time slot arranged and agreed upon directly between the Client and the Salon Artist outside the Platform.
- “Beauty Service/s” shall mean professional beauty and grooming services that Salon Artists will render to Clients at the Facility including the beauty consulting services provided by Doctors registered on Platform.
- “Client” shall mean individuals who seek to avail beauty services or have booked beauty services of respective Salon Artist Registered over the Platform.
- “Doctor” shall mean doctors engaged in the beauty industry such as cosmetologist, dermatologist, plastic surgeon registered on Platform and who has valid registration with of Medical Council of India (MCI) or National Medical Commission (NMC).
- “Facility” shall mean the shared beauty working space/premises as maybe updated on the Platform from time to time, comprising of the requisite beauty industry set up including but not limited to appropriate equipment, styling tools, mirrors, materials, massage equipment, beauty products catering to the needs of hair, skin, nail services.
- “Register” shall mean registering to the Platform or any other links/dashboards/webpages created on the Platform to avail the Services provided by the Platform on the basis of conditions mentioned in this Terms of Use.
- “Salon Artist(s)” shall mean an individual beauty professional whether specialized or not who provides beauty, grooming services in a particular or across multiple verticals including, but not limited to, hair styling, hair cutting, hair coloring, skincare, facials, body treatments, nail care, manicure, pedicure, massage therapy, makeup artistry, and related services and shall include Doctors. This term includes both certified professionals and experienced practitioners who independently engage in offering such services to clients.
- “Service/s” shall mean and include Session Booking over platform by Salon Artist, selection of beauty service, connecting with Salon Artist via Platform, and such other services offered by the Platform from time to time.
- “Session Booking” shall mean time slot (ranging from 1 to 10 hours) that a Salon Artist or a Doctor may book with the Platform for rendering Beauty Services to Clients.
- “Splangit.com”; “us”; “we”; “our” shall mean Splang Atelier Private Limited, a company registered under the laws of India, having its registered office at 1404, Plot No 5&6, SEC 16A, Navi Mumbai, Sanpada, Thane, Maharashtra, 400705.
- “Platform” shall mean https://www.splangit.com/ owned, run, operated and managed by us.
- “User” or “You” or “Your” or “Yourself” shall mean Visitors, Salon Artists, Doctors, Clients, or other individuals who visit, access and/or use the Platform or are registered on the Platform to avail our Services.
- “Visitors” shall mean individuals who simply browse the interface of Platform without registration or availing any Services through this Platform.
3. SCOPE
- Visitors including Salon Artist’s, prospective Clients can navigate, check Services, explore various offers if any and browse through the Platform without registration. However, for Salon Artist to avail the Services offered by the Platform, they must register over the Platform and become a Splangit.com member for a minimum period of 2 years. At the time of registration, the Salon Artist shall pay the fees/ charges as may be explicitly communicated to the Salon Artist or displayed on the Platform from time to time for using the Services (“Registration Fee”). Once the registration is successfully completed, Your account profile (“Account”) will be created by the Platform.
- You can register on the Platform in an individual capacity via website link or through sign-up provision on the web-portal. User is required to provide personal details while registering on the Platform, including without limitation full name, address, state, email address, phone number, Aadhar card, PAN card, beauty service category/specialty, social media handle. The information provided by You shall be subject to verification procedure conducted by the Platform in order to check the authenticity, and ensure fulfilment of all subscription norms, procedures and documentation. Upon successful completion of verification, Your Account will be created.
- You agree that at the time of registration, that the information provided by You shall always be accurate, correct and complete. You shall be responsible for maintaining the confidentiality of login ID and password and You agree to accept responsibility for all activities that occur under Your Account.
- In the event you share Your Account credentials with any person or entity other than Yourself, or if a third party accesses Your Account due to any security lapse or breach within your web/mobile device, You fully understand the risks/costs associated with such action, including the sharing or hacking of confidential information and personally identifiable information. You agree not to hold Platform responsible or liable for any unethical/illegal transactions or activities carried out by the individual in possession of your login ID and password. You are required to provide any additional information as requested by the Platform from time -to- time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You agree to abide by all applicable laws and regulations and acknowledge that You are solely responsible for all acts or omissions committed using Your Account. You must not set up an account on behalf of another individual or entity unless You are specifically authorized to do so.
- You agree to promptly update the email address associated with Your account to keep it accurate so that we can contact at any given point of time. The Platform will not ask you to share sensitive information such as your debit card/credit card number, CVV, expiry date, PIN, password, or login id with anyone. Any such actions taken by You are entirely at Your own risk and Splangit.com absolves itself of any liability resulting from such actions.
- Notwithstanding anything stated above, Clients or prospective Clients are not required to register/create an account on the Platform or pay Registration Fee. The requirement to register and maintain an account applies solely to Salon Artists. solely to Salon Artists.
4. REGISTRATION AND ONBOARDING
- Splangit.com offers Salon Artists a shared working space i.e. a professional salon setup to provide their Beauty Services without additional overhead of owning a full salon.
- We enable Session Booking with the Facility for Salon Artists to provide their Beauty Services.
- We also enable Users/Visitors to browse through profiles of Salon Artists, view their expertise, portfolios, and Beauty Service offerings.
- We allow Users/Visitors to connect with their preferred Salon Artist by providing us their name and contact number and thereby avail Salon Artist’s Beauty Service at the Facility independently.
- Platform also facilitates bookings for conducting of training sessions and technique/skill enhancement programs for Salon Artists at the Facility, hosted/facilitated by national and/or international industry experts. Desirous Salon Artists can participate in such trainings at their own will by applying over the Platform.
- Users/Visitors may also purchase merchandise of branded beauty products displayed on the Platform or directly at the Facility. The Platform does not recommend any products and it will be at sole discretion and risk of Clients.
5. USE OF PLATFORM
- Use of Platform is subject to these Terms of Use, our Privacy Policy and any other policies and conditions that may be notified on the Platform.
- For Visitors, there are no charges to browse the Platform, but if Visitors wish to avail the Services offered over the Platform, they are required to register with the Platform, pay Registration Fees and create an Account.
- After Registration/Account creation You shall be directed to payment gateway option for making the payment of Registration Fee as per the terms and condition specified therein.
- Before proceeding with the payment procedure on the Platform, You shall ensure that, You have provided accurate payment details. In case You wish to cancel the Registration/decline the transaction, please note that subject to Clause 7 of these Terms, You may not receive any refunds and You shall be solely responsible for any associated costs. Upon registration/Account creation and making the payment, You shall receive a notification via email or phone number confirming your Splangit.com membership for 2 years.
- For Visitors who are seeking to avail Service from Salon Artists registered with the Platform, upon selection of the appropriate Salon Artist as per their needs and requirements, they shall be required to provide on the Platform, their name and mobile number. Upon receipt of the same by Salon Artist, they shall be contacted by Salon Artist or their representative as the case maybe for Appointment timing and confirmation.
- You understand and acknowledge that it is Your responsibility to read and understand all information, as well as details regarding each Service, before You proceed to avail the same.
- You understand, agree and consent that we do not verify or endorse the information, documents uploaded by You into Your Account and that You are responsible for the authenticity of all the information and documents that you provide.
- Platform simply serves as a medium to facilitate the connection between Client/Users and the Salon Artist. Platform assumes no liability or responsibility for communication, nature of communication, absence of communication or outcome of the conversations that take place between the Salon Artist and Client/Users. Client/Users agree and understand that, they may engage in these interactions at their own discretion and risk.
- Users shall refrain from posting or publishing false, misleading, or unjustified reviews, feedback, ratings, or testimonials in any public forum such as google reviews , social media platforms, or other review websites, with the intent to damaging the reputation, goodwill of the Platform.
6. PAYMENT TERMS
Users agree to make payment with the help of payment gateway or by any other mode as may be made available on Platform from time to time. Users agree to abide by and adhere to the terms and conditions of payment gateway providers. The payments shall be secured as per permissible remittance mechanism and payment gateways. The Users understand and acknowledge that Platform undertakes appropriate care to provide secure online payment system. However, it may be susceptible to hacking, virus attacks, malfunction. The Users undertake all payments subject to their own risk. We shall not be liable for any loss or damage occurred to You due to any malfunction, errors and/or unscrupulous activities.
All charges for Beauty Services are determined and levied solely by the Salon Artist in their independent personal capacity outside the Platform. The Platform does not fix, control, or interfere with the pricing, terms, or conditions agreed between the Client and the Salon Artist.
The Platform simply facilitates the appointment booking and shared workspace allocation and shall not be held responsible or liable in any manner for the amount charged by the Salon Artist, the nature or quality of Beauty Services rendered by Salon Artist or any disputes, claims, or disagreements arising between the Client and the Salon Artist in relation to payments or Beauty Service delivery.
7. PAYMENT TERMS
- You expressly acknowledge and agree that use of the Platform and Services is entirely at Your own risk and that the Platform, and the Services therein are provided on an “as is” basis, without any warranties of any kind. All express and implied warranties, in connection with the Services and your use thereof, including without limitation, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed by Splangit.com to the fullest extent permitted by law. We make no warranties or representations that-
- the content shared on the Platform or any third-party platforms linked to the Platform are accurate or complete,
- The Platform will meet your requirements,
- The Platform will be available on an uninterrupted, timely, secure, or error-free basis,
- The results that may be obtained from the use of the Platform will be accurate or reliable.
- We may occasionally for brief periods suspend the operations of the Platform for maintenance, updates or support work as we may deem appropriate. We are not liable for any inconvenience, loss or damages that may be caused to you during such periods of suspension. We shall not be or responsible for any –
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform;
- any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
- misuse or forgery of documents and/or e-signature;
- any interruption or cessation of transmission to or from the Platform;
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or;
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via Platform. Platform does not warrant, endorse, guarantee, or assume responsibility for any Products/Services advertised or offered through the Platform or any hyperlinked platform or featured in any banner or other advertising.
Platform assumes no responsibility or liability towards the nature or quality of Beauty Services rendered by Salon Artist or any disputes, claims, or disagreements arising between the Client/User and the Salon Artist in relation to Beauty Service delivery, outcome/consequences after the Beauty Service delivery or payment or direct acquaintance post browsing Salon Artist’s profile by Visitors. Salon Artist shall be solely responsible for their actions, licenses, qualifications, and Beauty Service quality. We do not take responsibility of any injury, allergic reaction, or dissatisfaction resulting from services provided.
It is recommended that the Doctors registered on the Platform shall use the Session Booking only to provide Beauty Services and the Facility shall not be used for prescribing any medical advice or prescription medication. Any medical advice, prescription, diagnosis, or treatment provided by a Doctor to a Client through or in connection with the Platform is rendered solely in the Doctor’s independent personal capacity on his/her own letter head prescription. The Platform simply facilitates the Session time booking and allocation of shared workspace and does not endorse or take responsibility for any medical or professional opinions or consultations provided by the Doctor. We shall not be liable for any loss, injury, damage, or adverse outcome arising from the Client’s reliance on or use of such medical advice, consultation or treatment by Salon Artists. Clients are advised to exercise their own judgment and discretion before acting upon any such guidance received.
All products listed on the Platform may not be available at all times and may slightly vary in appearance from what is displayed on the Platform. We do not guarantee the suitability of any product for a particular purpose.
The blogs published on the Platform are intended for general informational purposes only and do not constitute professional advice. We give no warranties regarding the completeness or reliability of the information provided. Readers are advised to verify facts and use their own discretion before acting on any content.
We do not employ, manage, or supervise the individual Salon Artists registered over the Platform.
We do not guarantee that any particular Salon Artist or time slot will be available, even if it appears available on the site. Session Booking confirmation is subject to acceptance by the Salon Artist. While we make every effort to achieve the desired results, individual outcomes may vary depending on skin, hair type, condition, and prior treatments. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to Splangit.com.
In no event we will be liable for any loss or damage including without limitation, indirect, consequential loss or damage, or profits arising out of, or in connection with, the use of Splangit.com including but not limited to:
- Losses due to missed or cancelled appointments,
- Website technical issues,
- Services Provided by Salon Artist
- Products procured from the Platform
Without forgoing the generality of the aforesaid, the You are solely responsible for:
- maintaining the confidentiality of Your Account credentials on Our platform. If these credentials are leaked and accessed by a third party, they may gain access to your Account and may avail Service through your Account in your name without your knowledge. In such instances, We will not be responsible for such unauthorized access or actions taken by third parties, nor for any loss, damages, whether financial, reputational or otherwise occurred to You.
- reporting us of any unauthorized access to your Account or any breach of security in timely manner.
8. LINKS TO THIRD PARTY SITES
This Platform may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Platform and Platform is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.
Platform provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platforms by us. Your link/association to any such Linked Platforms is entirely at Your own risk. Platform is not a party to any transaction between You and any Linked Platforms. Your use of a Linked Platform is subject to the terms and conditions of that site.
The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services unless specifically mentioned by Platform. You are referred to the relevant advertiser for all information regarding the advertisement and its products or services. Platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
9. INDEMNIFICATION
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) details and content that You submit or transmit for the Beauty Services(ii) Your violation of any rights of any other person in connection with the Platform, (iii) infringement of any third party intellectual property rights, (iv) any third party claims pertaining to quality, deficiency, outcome, consequences of Beauty Service rendered by You (v) any breach of the terms and conditions of this Terms of Use, (vi) any breach of applicable law and regulation (vii) any representation and warranties made in relation to the Service and (viii) misuse or unauthorized use of the Platform or its content and material.
In case of any dispute, You hereby release the Platform, its officers, it partners, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
10. LIMITATION OF LIABILITY
In no event shall Splangit.com, its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Splangit.com has been advised of the possibility of such damages), resulting from any aspect of Your use of the Platform, including without limitation whether the damages arise from use or misuse of the Platform, from inability to use the Platform, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of Services rendered through the Platform or advertised in connection with the Platform or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or any links on the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Splangit.com shall not be liable for User details or content or defamatory, offensive, or illegal conduct of any User or third party and that the risk of harm or damage from the foregoing rests entirely with You.
In any event, the total aggregate liability of Platform to You under any applicable law whatsoever for all loss or damage arising out of access to the Platform shall be limited to the latest/last Session Booking charges paid by You on the Platform. In case You have not paid any Session Booking charge due to Platform’s policy or any other reason, Platform shall not be liable for any loss or damage in whatsoever manner.
11. PRIVACY POLICY
The Platform is committed to responsibly handling and storing the information and data including personally identifiable information we collect through the Platform in compliance with our Privacy Policy. Please refer to our Privacy Policy. The data provided by the Users shall be kept with the administrator of the Platform and may be used subject to terms of Privacy Policy.
12. OWNERSHIP OF INTELLECTUAL PROPERTY
The Platform and all the rights including but not limited to trademarks, copyrights, patents, designs and any other intellectual property rights subsisting under or in relation to the Platform are owned by Splangit.com and its affiliates if any. The Platform respects copyright, and we prohibit Users from using the Content for professional gain, commercial purposes or using such Content on social media without prior written permission of Splangit.com. All the software, text, images, graphics, logos, trademarks, audiovisual, video and audio used on this Platform belongs to us. No material from this Platform shall be copied, modified, reproduced by way of reverse engineering or any method, republished, uploaded, transmitted, posted or distributed in any form without our prior written permission. Unauthorized use of the content or materials appearing on this Platform may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
If You believe that the Platform contains elements that infringe Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is deemed appropriate by us, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or Services infringes a copyright, You may notify us at _________with the details.
13. CHANGE IN TERMS
Platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services available on the Platform with or without notice. Further, the Platform reserves the right to change these Terms of Use at any time. Platform may send an email to the registered Users in case of any changes in Terms of Use and any other policy. You are responsible to regularly review the Terms of Use. Continued use of the Platform after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating the Platform or any Content available through the Platform, is to exercise discontinuation of usage of Platform.
14. CUSTOMER SUPPORT
Any complaints regarding Services will be resolved through email between You and the Platform as the case may be. You shall email us on _____________ in order to register your complaint. In case You notice any Content which is inappropriate, offensive, indecent or objectionable with respect to religious values, caste, culture, nationality, beliefs You shall email us on the provided email id.
15. ANCILLARY SERVICES
You may get access to live chat rooms, emails, and other feature (“Ancillary Services”) that are offered from time to time on the Platform and may be operated by us or by a third party on our behalf. You shall not use these Ancillary Services to perform any illegal activities (including without limitation legal rights, such as right of privacy of others or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. The Platform reserve the right to remove any Ancillary Services without notice including live chats, comments or information provided by you if the Platform considers this inappropriate.
16. CONTENT AVAILABLE
We follow ethical business practices and intend to provide the content, which is authorized, relevant and applicable and does not infringe any third party’s rights. You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or photographs, or other images that is shared by Users or any other content provider (collectively, the “Content”) which You may have access to as part of the Platform, or through Your use of this Platform. Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. You understand that by using this Platform, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Platform ___________. After registering the complaint, examination of the same by Us and if the We find the complaint valid, Platform will take appropriate legal actions against such incidence including removal of such Content.
17. CONTENT SUPPLIED BY YOU
You represent, warrant, and agree that no Content or details shared by You with Platform violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, nontransferable, royalty-free and non-exclusive right to use the content and details including but not limited to blogs, audio, video, trademarks, service marks, logos, written or video testimonials, feedback, comments etc. submitted by You (“ Content”) for providing Services on the Platform, You also grant us the right (i) to display Your Content and details on the Platform (ii) promote or distribute it for the access of other Users.
You agree that You are solely responsible for Your Content made available by You through the Platform including but not limited to any liabilities arising out of any third-party infringement claims. You understand, acknowledge and agree that You are not eligible to receive any compensation in whatsoever manner.
We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material.
18. ENTIRE AGREEMENT
You agree not to engage in any of the following activities:
Violating laws and rights:
You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation:
You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
Disruption:
You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others:
You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Platform; and, You may not post or transmit any personally identifiable information about persons without obtaining such person’s express permission through the Platform.
Impersonation or unauthorized access:
You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
19. TERMINATION
If You wish to terminate this Agreement, You may immediately stop accessing or using this Platform. Your right to access and use the Platform terminates automatically upon Your material breach of any of the terms of these Terms of Use. Platform reserves the right to modify or discontinue Your Account at any time for any material breach of the obligations under these Terms of Use.
20. MISCELLANEOUS TERMS
Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at Mumbai, Maharashtra and the courts in Mumbai shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
Survival: Clause 8 disclaimer, clause 11 limitation of liability, clause 10 indemnity and the jurisdiction and applicable law provisions under this clause shall survive any termination.
Force Majeure: Without limiting the foregoing, under no circumstances shall the Platform is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, pandemic, wars, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Platform.
No waiver: The Platform’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.
Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and the Platform as a result of these Terms of Use or from Your use of the Platform or listing.
Entire agreement: These Terms of Use and Privacy Policy constitute the entire agreement between You and the Platform relating to this subject matter and supersede any and all prior communications and/or agreements between You and the Platform relating to this subject matter.
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