1.2 You represent, acknowledge and agree that: (a) all the information that You submit is truthful, current, complete and accurate, (b) You will maintain the currency, completeness and accuracy of such information and (c) Your use of the Platform and the services offered through the Platform do not violate any applicable law or regulation applicable either to You, the Platform or the Company.
2. ACCEPTANCE OF TERMS
3. LICENSE TO USE
4. RIGHTS OF THE COMPANY AND OBLIGATIONS OF THE USER
a. Provide, disclose or transfer such information and documents to any third parties including its partners, service providers, cloud storage service, subsidiaries, affiliates and any other such service providers to facilitate transactions;
b. Aggregate such data available on the Platform, including but not limited to information, documents, provided by the User to create a repository, master file or any other aggregated data set of skills, trends, domain knowledge or User preferences for use of the same by the Company for any lawful purpose whatsoever;
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Content on the Platform (exclusive of all Content submitted by You, except to the extent mentioned below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Company Data”) and the trademarks, service marks and logos contained therein (“ Marks”), are owned by the Company. Other trademarks, names and logos on this Platform are the property of their respective owners.
5.2 Company Data on the Platform is provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners. You agree not to use, copy, or distribute, any of the Company Data or Marks other than as expressly permitted herein.
5.3 You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Company Data or enforce limitations on use of the Platform or the Company Data therein.
5.4 The Platform contains Company Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in the Company Data and Marks. The Platform may also contain Data of other Users or licensors, which You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell.
6. No Confidentiality
You further acknowledge and understand that You may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its shareholders, employees, managers, operators, directors, officers, agents, affiliates, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Platform.
If You send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such suggestions. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the suggestions are in fact implemented.
9. Copyright Infringement Take Down Procedure
The Company has high regard for intellectual property rights and expects the same to be employed by its Users. The Company may, in appropriate circumstances and at its discretion, prohibit access to the Platform of Users who infringe upon the intellectual property rights of Company or of any third party.
10. YOUR REPRESENTATIONS AND WARRANTIES
11. DISCLAIMER OF WARRANTIES
You agree that Your use of the website shall be at Your own risk. To the fullest extent permitted by law, the Company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with the Platform, the services offered on or through the Platform, truth, accuracy or completeness of any information or material contained or presented on the Platform. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Platform, the services offered on or through the Platform, data, materials, submitted content, and any information or material contained or presented on the Platform is provided to You on an “as is”, “as available” and “where is” basis with no warranty, express or implied, of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the platform, postings, feedback or content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform, any interruption or cessation of transmission to or from the platform, any defamatory, offensive, or illegal conduct of any third party or user, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the platform or content posted, emailed, transmitted, or otherwise made available via the Platform.
12. LIMITATIONS OF LIABILITY
12.1 In no event shall the Company, affiliates or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, suppliers, attorneys or agents, be liable to You for any direct, indirect, incidental, special, punitive, consequential or exemplary damages whatsoever resulting from any: (i) errors, mistakes or inaccuracies of data, marks, content, information, materials or substance of the platform or content, (ii) any unauthorized access to or use of secure servers and/or any and all personal information, (iii) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform (iv) any interruption or cessation of transmission to or from the Platform; (v) any errors or omissions in any data, content, information, materials or substance of the Platform or content; (vi) use of any data, marks, content, information, materials or substance of the Platform or content posted, emailed, transmitted, or otherwise made available on or through the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
12.2 The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event shall the total aggregate liability of the Company, or any of the above-referenced respective parties, arising from or relating to the Platform, and/or content exceed a sum of Rs. 1,000 (Rupees One Thousand).
13. INDEMNIFICATION AND RELEASE
14. MODIFICATIONS TO PLATFORM
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform services offered by the Company.
15. Grievance Redressal Mechanism
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Attention: Sridhar Vaidya
Myelin Foundry Private Ltd
A-202/203, Miraya Rose,
2nd Floor, Siddapura, Whitefield,
Bengaluru, Karnataka 560066.
Email ID: firstname.lastname@example.org
16.1 Governing Law and Jurisdiction
The Company may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by the Company on the Platform are subject to change and the appearance of advertisements on the Platform does not imply endorsement by the Company of any advertised products or services. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
We may use third-party advertising companies to serve ads when You visit our Website(s). These companies may use information (not including Your name, address, email address, or telephone number) about Your visits to the Website(s) in order to provide advertisements about goods and services of interest to You.
16.4 No Agency or Partnership
16.5 Force Majeure
16.6 Consent for Receipt of Phone Calls, SMSs and/or E-mails
It is further clarified that Your registration on the Platform shall be deemed to be Your consent to be contacted for the purposes mentioned above and for promotion of goods and services of the Company, (i) on the mobile number shared by You even if You are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
16.7 No Third-party Beneficiaries
16.9 Entire Agreement
16.11 No Waiver
16.12 Statute of Limitations
You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
16.13 Section Headings