Terms of use

 

Effective from: 13/12/2024​​​​​​​​​​​​​​

Welcome to AccioESOPs!

These Terms of Use (the “Terms”) constitute a legally binding agreement between Incredible Access Web Services Private Limited, its subsidiaries, and affiliates ("Company," "we," "our," or "us") and you (“you” or “your”). These Terms will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between us and you for the use of our website https://accioesops.com/ and any other services we offer from time to time by or in connection therewith (together referred to as the “Website” or “AccioESOPs”). The Website is owned and operated by Incredible Access Web Services Private Limited having its registered office at G-101, Second Floor Saket, South Delhi, New Delhi, Delhi, India, 110017.

This document is an electronic record under the Information Technology Act, 2000 and its applicable rules, including amendments, and does not require physical or digital signatures. It is published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publication of rules, regulations, Privacy Policy, Cookie Policy, and Terms of Use for access to https://accioesops.com/.

AccioESOPs is a one-stop solution for startup founders who want to establish and manage employee stock ownership plans (ESOPs). Our services include designing ESOP pools and frameworks tailored to align with business objectives, drafting essential documents such as grant and exercise notices, and maintaining detailed records of grants, vesting, and exercises. We also handle compliance by preparing board resolutions and filing the required forms, ensuring adherence to legal standards. Additionally, we assist by holding a 30-minute session with your employees to explain the ESOP scheme in detail and address any of their questions. Our expertise helps founders create effective ownership-sharing mechanisms, benefiting both companies and employees (collectively referred to as “Services”).

For the purpose of these Terms, wherever the context so requires, “Users”, "you", or "your" refers to any natural or legal person or entity who accesses or utilises our Website and/or Services. The applicability of these Terms extends to Users regardless of the device type used for accessing our Website, whether it be a laptop/desktop or a mobile/tablet device.

 

​​​​​​​Acceptance of Terms

Our role under these Terms is limited to administration and managing the Website, including any Services made available to you on the Website.

ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS OF USE UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our Cancellation and Refund Policy and Privacy Policy as amended from time to time. We encourage you to read the Privacy Policy and Cookie Policy in conjunction with these Terms to better understand how you can update, manage, export, and delete your information. If you do not agree with anything provided herein, please do not use or access our Website and/or Services.

We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revisions to these Terms, we will update the effective date above, and the revised Terms shall be effective from such date. You are required to check these Terms and their effective date frequently to understand the terms and conditions that apply to your use of our Services. Your continued use of the Website and/or Services following such modification constitutes your acceptance of the modified Terms of Use, whether or not you have read them.

Further, we may change, suspend, and/or discontinue the Services at any time, including the availability of any feature, database, and content on the Website. We may also restrict Users’ access to parts and/or all of the Website without notice in the event of technical disruptions or other similar events and we shall not be liable to the Users in such cases.

 

WHO MAY USE OUR WEBSITE AND SERVICES?

  1. ​​​​​​​You must be at least Eighteen (18) years of age to use our Website. If you are using our Website or agreeing to the Terms, you are warranting and representing to us that you are at least Eighteen (18) years of age. If you are under 18, please refrain from using our Website.
  2. You must not have been previously suspended or prohibited from accessing our Services by us, or any competent authority to use our Website.
  3. You must not engage or intend to engage in any activity that is illegal under applicable law, including but not limited to fraud, money laundering, and terrorism financing.
  4. You are prohibited from using our Website if you or the business entity you represent is domiciled, registered, or conducts business in any country or territory subject to financial and economic sanctions, trade embargoes, or similar restrictions imposed by the Government of India, including but not limited to Pakistan, North Korea, and Syria. This also applies if you are listed as a prohibited, sanctioned, debarred, or denied party by the Directorate General of Foreign Trade (DGFT) of India, the Reserve Bank of India (RBI), the Ministry of External Affairs (MEA), or any other relevant Indian authority. This Clause shall also apply if you or the business entity you represent is domiciled, registered, or conducts business in any country or territory subject to financial and economic sanctions, trade embargoes, United Nations, UN Security Council or any other relevant UN agency. You must obtain any required licence or government authorisation before accessing our services if you fall under any of these categories.

 

​​​​​​​HOW CAN YOU USE OUR WEBSITE AND SERVICES?

  1. You understand that you are not required to create any user account on the Website to access and utilise our Services. However, upon accessing our Website, you can navigate through various sections, including detailed descriptions of the Services we offer, information about our team members, contact details and more. Our Website is designed to be easily accessible and intuitive, and it also provides access to our social media profiles on Instagram and Facebook.
  2. You can schedule a free consultation call to enquire about our Services through the Website functionality. The Users understand that to do so, they must provide certain basic information including but not limited to their full name, email address, and phone number. If the User represents an entity, a designated representative may provide these details on behalf of the entity. The Users further understand that the AccioESOPs team will contact Users within 2-4 business days to assist with their business and ESOP challenges and solutions. Please note that any information shared by Users during the consultation will be kept confidential and handled in accordance with our Privacy Policy.
  3. You may also send us your inquiries through the 'Contact Us' page, wherein you can submit your questions and inquiries through the Website contact form. You understand that while AccioESOPs may not always respond immediately to written inquiries, the team will address inquiries within 2-4 business days.
  4. You understand that while we strive to ensure that Users can access our team and Services through various means, AccioESOPs does not guarantee the continuous availability of the "Book a Call" functionality. Technical issues, Website maintenance, or other unforeseen circumstances may cause temporary unavailability.
  5. You further understand and agree that AccioESOPs will make reasonable efforts to respond to Users within the stated timeframes for both calls and written inquiries. However, these timeframes are estimates and not guarantees. AccioESOPs is not liable for any delays in communication or consultations due to circumstances beyond its control.
  6. Users are solely responsible for providing accurate and complete information when booking a call or using the chat feature. AccioESOPs shall not be held liable for any delays or failures in service delivery due to inaccurate or incomplete information provided by Users.

 

WHAT ARE THE PRICING TERMS?​​​​​​​

​​​​​​​For Indian Users:

  1. We offer a paid, all-inclusive starter package (“Starter Package”) for our Services on our Website, priced at INR 15,000 (“Service Charges”). The Starter Package includes up to two 30-minute consulting sessions to help determine the optimal structure for your ESOP/PSOP plan, the creation of ESOP/PSOP plans, drafting and completing grant notices, completing and filing board and shareholder resolutions, as well as other related services. The detailed features and pricing of the Starter Package are available here.
  2. You understand that to inquire about any of the Starter Packages, including obtaining a detailed description of the Services included, you are required to book a consultation call on our Website. This consultation, offered at no cost, will provide an overview of our Services and help determine the best approach for your specific business requirements. Also, in the event that you do not wish to select the available Starter Package and instead require specific Services tailored to your individual needs, we will assess your requirements during the consultation call and provide a customised service proposal, including a detailed scope of services and corresponding charges, based on your specific business objectives.

 

​​​​​​​For International Users:

  1. If you are accessing our Website from outside India and wish to avail of our Services, please note that you must book a consultation call with us to discuss your specific requirements and learn more about the Services we offer. This consultation call is mandatory for all international Users, as it allows us to understand your specific needs and ensure compliance with the local laws and regulations applicable in your jurisdiction.
  2. Additionally, the Starter Package outlined in Clause 3.1.1 of these Terms will not apply to international Users. Our standard packages are tailored to the Indian market and may not align with the regulatory requirements, tax laws, or operational frameworks of other countries.
  3. During the consultation call, we will discuss the scope of the Services you require and determine the appropriate structure of our offerings based on your jurisdiction. Following these discussions, we will provide you with a custom quote for the Services you wish to avail yourself of. This quote will include a detailed breakdown of the scope of services, applicable charges, timelines, and any specific compliance measures that may be necessary for your region.
  4. You acknowledge and agree that an advance payment is required, whether for the Starter Package or for individually tailored Services. This advance payment may consist of either the full Service Charges or a portion thereof, as agreed during the consultation, and serves as confirmation to initiate the project. AccioESOPs will not commence any work until the advance payment has been received in full.
  5. Please be aware that once the advance payment is received, cancellations are generally not permitted. Please refer to our Cancellation and Refund Policy for detailed terms regarding cancellations, refunds, and any exceptions.
  6. By making the advance payment, you confirm that you have reviewed and understood the scope of Services and acknowledge that the advance payment is non-refundable, as outlined in the Cancellation and Refund Policy.
  7. The Service Charges are exclusive of all taxes, levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Service Charges, you are responsible for paying all applicable taxes. We are not responsible for any additional fees you may be charged by your financial institution, such as international transaction fees or overdraft fees.
  8. You acknowledge and agree that no payments are facilitated directly on our Website. The payment for Services is processed exclusively through a payment link provided by AccioESOPs, which is powered by a third-party payment processor. This payment link will be sent to the email address you provided or through another mutually agreed-upon method. This link will direct you to a secure payment platform where you can complete your transaction using valid payment methods. You are solely responsible for providing accurate and complete payment information; any costs, expenses, losses, or damages resulting from incorrect details submitted will be your responsibility.

 

​​​​​​​​​​​​​​Payment Terms:​​​​​​​

  1. ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​All payments made against the Services to the Company by you shall be compulsorily in Indian Rupees (INR). We will only accept payments concerning any other form of currency, provided that you bear the applicable conversion costs.​​​​​​
  2. By accepting these Terms, you expressly authorise us and the payment processor to electronically collect, process, facilitate, and remit payments, including the transaction amount for the Services requested, through electronic means. 
  3. You acknowledge, understand, and agree that the payment facility we provide constitutes neither a banking nor financial service. Instead, we function as a facilitator, offering an electronic, automated online payment and remittance facility for transactions through the existing authorised banking infrastructure and credit card payment gateway networks. It is imperative to clarify that, in providing the payment facility, we assume neither the role of a trustee nor engage in a fiduciary capacity concerning the transaction, thereby absolving itself from such responsibilities.

 

LICENCE FOR WEBSITE ACCESS

Subject to your compliance with these Terms, we provide you with a limited licence to access and make personal use of this Website. However, you are not authorised to download any content (other than page caching) or modify the Website or any portion of it except with our express written consent. This licence explicitly excludes any resale or commercial use of this Website or its contents, any derivative use of this Website or its contents, any downloading or copying of any information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools.

 

INTELLECTUAL PROPERTY RIGHTS​​​​​​​​​​​​​​

  1. You acknowledge that no ownership of the Website is being transferred. All rights, Intellectual Property, and interests in the Website remain the exclusive property of the Company, its affiliates, or its licensors.
  2. All rights, title, and interest in and to the Website, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates, and widgets, literary work, source, and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Website Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to the Company.
  3. All copyright and other intellectual property rights in the material on our Website are reserved.
  4. We respect the intellectual property rights of others, and you are expected to do the same. Uploading, posting, or otherwise transmitting any content that infringes on the Company's or any third party’s intellectual property rights is strictly prohibited.
  5. You are prohibited from copying, modifying, creating derivative works of, downloading, adapting, reverse engineering, emulating, migrating to another service, translating, compiling, decompiling, or disassembling the Website, the Services (or any part thereof), any content offered by Website or third party services for use and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under these Terms;
  6. You must not (a) modify copies of any materials from this Website; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
  7. These Terms do not convey any right or interest in or to the Company’s Intellectual Property (or any part thereof), except only for the limited licence expressly granted above. Nothing in these Terms constitutes an assignment or waiver of the Company’s Intellectual Property rights under any law.

 

WHAT CAN YOU DO AND WHAT IS A NO-GO WHEN USING OUR WEBSITE?​​​​​​​​​​​​​​

Subject to your compliance with these Terms, including the 'Prohibited Uses' defined in Clause 6.2 below, we grant you a non-exclusive, non-transferable, revocable licence to access the Website and/or Services and you agree to be polite and respectful when you communicate or interact with employees of the Company on the Website or otherwise.

 

Prohibited Uses:​​​​​​​

  1. While using the Website and/or Services, you consent to abstain from activities that contravene these Terms, encompassing fraudulent acts, spamming, hacking, and any actions that could disrupt the operations of the Website.
  2. While using the Website, you are strictly prohibited from assuming the identity of others or indulging in any conduct that may falsely represent their identity.
  3. You shall not edit or otherwise modify any material on our Website unless you own or control the relevant rights in the material.
  4. You are also expressly prohibited from:
    1. republishing or redistributing material from our Website;
    2. selling, renting, or sub-licensing material from our Website;
    3. showing any material from our Website in public; or
    4. exploiting material from our Website for a commercial purpose.
  5. You are prohibited from probing, scanning, or testing the vulnerability of our Website without our permission.
  6. You agree not to publish and/or make any use of the Website and/or Services on any website, media, network, or system other than those provided by the Company, and/or frame, “deep link”, “page-scrape”, mirror, and/or create a browser or border environment around any of the Services and/or Website (or any part thereof), except as expressly permitted by the Company, in advance and in writing.
  7. You are prohibited from using our Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
  8. You are prohibited from decrypting or deciphering any communications sent by or to our Website without our permission.
  9. You shall not conduct any systematic or automated data collection activities, which include, without limitation, scraping, data mining, data extraction, and data harvesting on or in relation to our Website without our express written consent.
  10. You shall not use our Website or Services except by means of our public interfaces.
  11. You shall not use data collected from our Website for any direct marketing activity, including, without limitation, email marketing, SMS marketing, telemarketing, and direct mailing.
  12. You agree not to remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], creative commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services and/or Website.
  13. You must not do anything that interferes with the normal use of our Website and/or Services.
  14. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  15. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  16. You may not access or use the Website and/or our Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
  17. As a user of the Website, you agree not to:
  18. trick, defraud, or mislead us and any other users, especially in any attempt to learn sensitive information;
  19. circumvent, disable, or otherwise interfere with security-related features of the Website;
  20. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Website in order to harass, abuse, or harm another person;
  21. make improper use of our Website and/or Services or submit false reports of abuse or misconduct;
  22. engage in unauthorised framing of or linking to the Services;
  23. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms');
  24. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
  25. attempt to bypass any measures of the Website and/or Services designed to prevent or restrict access to the Website and/or Services, or any portion of the Website and/or Services;
  26. make any unauthorised use of the Website and/or Services, including collecting email addresses of other Users by electronic or other means for the purpose of sending unsolicited emails by automated means or under false pretences.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your access to our Website and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services, if applicable.

 

USER REPRESENTATIONS​​​​​​

By using the Website, you represent and warrant that:

  1. all the information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such information as necessary;
  3. you have the legal capacity and you agree to comply with these Terms;
  4. your use of the Website shall be solely for your own purposes;
  5. if you are the representative of any entity, then you are authorised to act on behalf of such entity and that such entity shall be bound to comply with these Terms upon your acceptance of these Terms;
  6. you are not a minor in the jurisdiction in which you reside and you are responsible for adhering to your country's laws when accessing our Website and utilising our Services, given that the Company is located in Haryana, India; and
  7. your use of the Services and/or Website will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from India or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising).

 

IS THE WEBSITE AVAILABLE 24/7? ​​​​​​​

​​​​​​​While we strive to keep the Website and Services available 24/7, we cannot guarantee uninterrupted or error-free access, as there may be occasional issues such as delays, viruses, or compatibility problems. You are responsible for covering your internet costs and ensuring you have the necessary connection and devices, which may incur extra fees if using mobile networks. We are not liable for any business or indirect losses, and updates or maintenance may temporarily affect access or functionality.

 

IS YOUR INFORMATION COLLECTED SECURED? ​​​​​​​

Please take a moment to review our Privacy Policy, which governs not only your visit to the Website but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Website is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the Website. Your privacy and trust are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.

 

​​​​​UNDER WHAT CIRCUMSTANCES MAY ACCESS TO THE WEBSITE BE TERMINATED?​​​​​​​​​​​​​

  1. These Terms shall remain in full force and effect while you use the Website and/or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES AND/OR WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION..
  2. If we terminate or suspend your access for any reason, you are prohibited from accessing or utilising the Website under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including, without limitation pursuing civil, criminal, and injunctive redress.
  3. We may terminate the access to our Website and/or Services by providing written notice to you if:
  4. you fail to remedy a material breach of these Terms within two (02) days of being notified of the breach;
  5. you become bankrupt, enter a voluntary arrangement, are in liquidation or receivership, cease business, threaten to cease business, or are otherwise insolvent.
  6. Clauses, including Indemnity, Disclaimer, and Limitation of Liability, shall survive termination of these Terms.

 

WARRANTIES AND DISCLAIMER​​​​​​​​​​​​​

  1. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  2. You recognise that utilising Services and engaging with third-party services through the Website involves inherent risks. We cannot ensure specific outcomes from such interactions and usage. Therefore, you assume all associated risks, liabilities, and potential harm that may arise from these interactions. These risks include, but are not limited to, misrepresentation of information by third-party services, breaches of warranty or contract, rights violations, and any resulting claims or consequences.
  3. You acknowledge and agree that while we strive to deliver high-quality Services, we do not guarantee specific results or outcomes from the use of our Services. Results may vary based on individual circumstances and market conditions.
  4. You acknowledge that to the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of or inability to use the Website or Services.
  5. Except as provided in these Terms, no further warranty, condition, undertaking, or term, express or implied, statutory or otherwise as to the condition, quality, performance, or fitness for the purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
  6. We do not recommend the use of the Services for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

 

​​​​​​​​​​​​​​​​​​​LIMITATION OF LIABILITY​​​​​​​

  1. We bear no responsibility for any secondary, resultant, or incidental harm that may occur due to the utilisation or inability to utilise the Website and/or Services.
  2. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Website and/or Services, even if we have been advised of the possibility of such damages.
  3. We shall not be liable for:
  4. unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;
  5. the Website not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;
  6. internet transmissions not being entirely private or secure; messages may be read by others; and/or
  7. under various legal theories, we shall not be liable for loss of profits, revenue, goodwill, or any indirect or consequential damages arising from the use of the Website and/or Services. You should be aware of potential risks in internet transmissions.
  8. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our Services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.

 

INDEMNIFICATION

You are solely and exclusively responsible for your use of the Services and you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand received or suffered by us, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) your contributions; (2) your use of the Website and/or Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Website with whom you connected via the Website; or (7) any inaccuracies or errors in the results provided by the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

 

DISPUTE RESOLUTION AND GOVERNING LAW

  1. You expressly acknowledge and agree that we shall have the right to enforce these Terms against you in accordance with the applicable laws of the Republic of India.
  2. If any dispute or claim arises from or in connection with (i) these Terms, (ii) your access to or use of our Website and/or Services, the relevant parties shall resolve the dispute amicably through mutual discussions and negotiations.
  3. If the dispute is not resolved within a period of 30 (thirty) days from the date of commencement of discussions or for a longer period, as the parties may agree in writing, then a party may refer the dispute to arbitration. The arbitration shall be conducted in English by a sole arbitrator appointed jointly by the parties, as far as possible. The arbitrator must issue a final decision within one (01) month from the commencement of arbitration proceedings. The place of arbitration shall be Delhi, India. The award of the arbitration proceedings will be final and binding on both parties.
  4. In the event that the Parties are unable to agree upon an Arbitrator, any dispute, controversy, or claim arising out of or relating to these Terms, including its formation, interpretation, performance, or termination, you agree that (i) we have the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum, and (ii) any proceeding brought by you shall be exclusively before the courts in Delhi, India.

 

MISCELLANEOUS

  1. You understand that we will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions, or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence the provision of the Services as soon as reasonably practicable.
  2. We may assign any or all of our rights and obligations to any person or affiliate entity at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
  3. You acknowledge that no joint venture, partnership, employment, or agency relationship has been created between you and us as a result of these Terms or use of the Services.

 

CONTACT​​​​​​​

If you require further information or have any inquiries or concerns regarding the Terms, please do not hesitate to contact us in writing at:

Email: [email protected]