GENERAL TERMS & CONDITIONS POLICY
1. GENERAL
This Privacy Policy (hereinafter referred to as “Policy”) belongs to Careleavers Inner Circle Forum, a company registered under the Companies Act, 2013 and having its corporate office at Office no. 05, MIIC, MNIT, JLN Marg, Jaipur, Rajasthan, India- 302017 (“CLIC” or “Company” or “we” or “us” or “our”).
This Policy outlines the privacy terms, outlining our approach towards our customer(s) and/or potential customer(s) (hereinafter individually referred to as “Customer” and collectively as “Customers” or “User” You”, “Your”, “Yourself”) who are willing to utilize our website available at ‘www.clicforum.org’ (“Platform”).
The Company and the Customers are hereinafter individually referred to as the “Party” and collectively as the “Parties”.
2. ACKNOWLEDGEMENT
2.1 Your access to the Platform and use of the Service is conditioned on acceptance of and compliance with these Terms. These Terms apply to all Users who access Our Platform.
2.2 For You to accept these Terms, You shall (i) be of majority age (i.e., 18 years of age and above or as may be the age of majority in Your jurisdiction); and (2) not already be restricted by Us from using Our Platform. You can accept these Terms by checking the checkbox or clicking on “I AGREE” or any other similar term and/or by accessing Our Platform, as the case maybe.
2.3 You acknowledge that by clicking on “I AGREE”, or any other similar term, or conveying your acceptance by e-signing these Terms, as the case may be, and/or by accessing Our Platform, You are entering into a legally binding agreement to use the Platform provided by CLIC and this shall continue to be binding till You continue to access and use the Platform.
2.4 Please note that these Terms shall be applicable to You, even if You browse or access the Platform as a visitor without creating an Account on the Platform. These terms apply to every User who uses or accesses the Platform. It also applies to any legal entity which may be represented by You under actual or apparent authority.
2.5 Please note that in the event of a breach of these Terms in the manner stipulated under these Terms, We reserve the right to (i) suspend Your access to the Platform provided thereof; (ii) immediately terminate Your Account; and/or (iii) report You to law enforcement authorities or initiate necessary legal actions/ appropriate legal proceedings against You in accordance with the applicable laws.
3. GENERAL PROVISIONS
Unless otherwise mutually agreed between the Parties, the entire engagement between the Parties with respect to the operations of the Company and access to the Platform shall be governed in accordance with the terms of this Policy. The terms of this Policy shall also govern the relationship between the Customers and the Company.
4. MODIFICATION OF TERMS AND CONDITIONS:
CLIC at its sole discretion has the right to make changes, modify, amend, or update this Policy from time to time with or without any prior notification to the Customers and the amended terms and conditions of use shall be effective immediately after such initiation. The Customers has the right to accept/ reject to such amendments made in the Policy. However, if the Customer continues to access the Platform, it will signify unconditional acceptance of the amended terms and conditions. Further, the Customer shall also be bound by any amendment made by the Company to this Policy from time to time.
5. USER ACCOUNTS
5.1 We believe in providing simple and easy access to Platform. To access the Platform, You can register Yourself on the Platform by creating an account (“Owner Account”), through the mechanism made available thereof, and sharing the information sought for Your access to the Platform subject to You not being restricted by Us or applicable laws to use the Platform.
5.2 While registering on the Platform, We may require You to provide Us with the following details, including any other Information as mentioned in Our Privacy Policy provide at [Insert Link of Privacy Policy]: (a) Your name (individual name or name of entity); (b) Your address; (c) Your email address; and (d) Your mobile number. If the User is an entity or a representative of an entity, You are required to share the mobile number which will remain with the entity throughout the existence of the entity to the extent practical.
5.3 While registering on the Platform, You may be required to set up a User ID and password (“Credentials”) which would enable You to access the Platform.
5.4 If the User is an individual, the User shall have access to the Platform through an account the Owner Account that will be in the name of the individual (“Individual Account”). If the User is representing an entity, the account shall be in the name of the entity and shall be operated by the individual (hereinafter referred to as “Entity Account”). For the purpose of these Terms, the Individual Account and the Entity Account may be referred collectively as “Accounts”.
5.5 You cannot create an Account if there already exists an Account in Your company’s official name or Your individual name in your capacity as a individual or a representative of the entity, as the case may be (“Duplicate Account”). If such Duplicate Account has been created, We reserve the right to immediately terminate the Duplicate Account and/or any details mentioned on that Duplicate Account on Our Platform.
5.6 You hereby expressly consent to receive communications and newsletters from Us by SMS, e-mails, phone calls, in-app notifications or any other means. You can restrict such communications and newsletters only by de-registering terminating of Your Account with Us.
5.7 You are responsible for maintaining the confidentiality of Your Credentials, and You are fully responsible for all activities that occur under Your Account. In the event that You detect any unauthorized use of Your Account or breach of Your Account, You are required to inform Us immediately and change Your credentials to avoid any further breach of Your Account.
5.8 In the event that You share Your Credentials with any third party, You shall solely be responsible for any consequence, damage, loss, and/or injury including without limitation loss of data and misuse of Your Account and We shall under no circumstances be liable for any such consequence, damage, loss and/or injury incurred by You. You will be held responsible for any losses incurred by Us or any other User due to unauthorized use of the Account which is a consequence of Your inability to secure Your Account.
6. REPRESENTATION AND WARRANTY
6.1 To the extent applicable, the Customer hereby represents and warrants to the Company as follows:
a) If the Customer is an individual, it is duly authorized under the Indian Contract Act and has full power and authority to adhere to the clauses of this Policy.
b) If the Customer is an organization, it is duly organized and validly existing under the laws of its incorporation and has full power and authority to adhere to the clauses of this Policy.
c) This Policy constitutes a legal, valid, and binding obligation enforceable against it / him / her in accordance with its terms.
d) There are no legal, quasi-legal, administrative, arbitration, mediation, conciliation or other proceedings, claims, actions, governmental investigations, orders, judgments, or decrees of any nature made, existing, or pending, or, to its best knowledge, threatened or anticipated, which may prejudicially affect the due performance or enforceability of this Policy and applicable invoice, or any obligation, act, omission or transactions contemplated hereunder.
7. REVIEWS
7.1 Through Our Platform, the User has the right to speak and express its views and opinions freely, however, each User is responsible and liable to ensure that the contents of its review are genuine, truthful and accurate. You agree and acknowledge that We do not guarantee the authenticity of the reviews that are written on our Platform (unless the contents of the review have expressly been verified and validated by Us through our dispute resolution services).
7.2 You acknowledge that Your reviews have the power of affecting or influencing other Users or their decisions and, therefore, You agree to not post fake or misleading reviews on the Platform. While posting a review on Our Platform, You are required to be honest, transparent and respectful and to not use unparliamentary language towards other Users. You are responsible to ensure that Your reviews do not threaten or constitute defamation or any kind of harassment towards Us and/or Our Users.
7.3 You are prohibited from threatening Our Users and/or displaying verbal violence or abusive language towards them on the Platform. You are also prohibited to use or disclose on the Platform any private, proprietary or confidential information belonging to any other User. We strictly prohibit You from posting any paid reviews on Our Platform.
7.4 You are required to ensure that Your reviews are factual and can be proven with evidence available to You, if required. If any of Your reviews are found to be offensive, improper or inaccurate, We may, at Our sole discretion, delete the review based on a report or complaint by any other User. We also reserve the right to suspend or terminate Your Account under such circumstances.
7.5 You agree and acknowledge that We will not be responsible or liable for the reviews of any Users or consequences thereof.
7.6 You can report to Us any and all such reviews, posted on the Platform, that violate these Terms, for instance, reviews that are unethical or shaming in nature or that harass any other User or that include unparliamentary language. We reserve the right to analyze such reviews internally and to suspend or terminate the Account of the User who has posted such reviews on the Platform.
8. INDEMNIFICATION
8.1 The Customer (“Indemnifying Party”) hereby agrees and undertakes to indemnify and hold the Company, along with its employees, representatives, permitted assigns (collectively referred to as “Indemnified Parties”), harmless from any direct loss, damage, claim, litigation, proceedings, costs. expenditures arising out of or in connection to :
i) any breach of the terms (including all representations, warranties and respective obligations) of this Policy and / or non-performance on part of the Indemnifying Party and/or any person acting on its behalf pursuant to the terms of this Policy;
ii) any violation of any Applicable Law;
iii) any third-party claims for reason solely attributable to the Indemnifying Party.
8.2 Except for any liability which cannot by law be excluded or limited, the Company shall not be liable to the Customer or any other third party claiming through such for indirect, incidental, special, punitive, or consequential damages, royalty, including without limitation, damages for loss of profits, business interruption, loss of goodwill or unauthorized access to information incurred by the Customer or any third party arising out of, or relating to any acts or omission of the Company and, whether framed as a breach of warranty, in tort, contract or otherwise even if the Company has been advised of the possibility of such damages.
9. USER ACKNOWLEDGEMENT, REPRESENTATIONS & CONVENANTS
The User acknowledges that:
a) We do not guarantee the sequence, accuracy, completeness, or timeliness of the information contained on the Platform and/or provided through Our Platform;
b) the provision of certain parts of the Platform is subject to the terms and conditions of other agreements to which CLIC is a party;
c) none of the information contained on the Platform and/or provided through Our Platform constitutes a solicitation, offer, opinion, or recommendation by Us to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment;
d) the information provided on the Platform and/or provided through Our Platform is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.
e) Accordingly, anything to the contrary herein set forth notwithstanding, CLIC, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to the User or any other person for any: (i) inaccuracies or errors in or omissions on the Platform including, but not limited to, quotes and financial data; (ii) delays, errors, or interruptions in the transmission on the Platform; or (iii) loss or damage arising there from or occasioned thereby, or by any reason of non-performance; and
f) when You create an Account, You must provide information that is accurate, complete, and current at all times. Further, You shall be obligated to share only such information which it is lawfully authorized to disclose. In the event that You provide any information which (i) is inaccurate, incomplete, or not updated; and/or (ii) is not authorized to disclose, it shall constitute a breach of these Terms.
10. RESTRICTIONS ON USE
10.1 You may not access or use the Platform for any purpose other than that for which We make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us.
10.2 You agree to access the Platform solely for Your own benefit (or the benefit of Your entity, in case of a representative of such entity), and not for the purpose of resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
10.3 As a User of the Platform, You agree not to:
a) Impede and impair the operations and functionality of the Platform in any manner.
b) Copy and distribute the Platform Content and information provided on the Platform on other servers without due authorization from Us.
c) Use the Platform provided thereof for any illegal purpose or in any manner inconsistent with these Terms.
d) Use any technology or any automated system for the purpose of dissemination of any usernames, passwords, email address or any other information or data from Us or the Platform.
e) Send any information on behalf of Us to any third-party including other Users. It is solely Our responsibility to solicit any information and to send through emails, SMS’s, multimedia content, advertisements and/or promotional activities to send any information to Our Users.
f) Pass on any information which contains confidential information about other Users to any third parties or serves without prior consent from Us or such Users.
g) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
h) Trick, defraud, or mislead Us and other Users, especially in any attempt to learn sensitive account information such as User Credentials. Make any unauthorized use of the Platform, including collecting Credentials of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
i) To create or attempt to create a Duplicate Account.
j) To impersonate or attempt to impersonate another User or person or use the username of another User.
k) License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform, provided thereof available to any third-party.
l) Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
m) Disparage, tarnish, or otherwise harm, in Our opinion, the Platform or Us or Our Users.
n) Use any information obtained from the Platform in order to harass, abuse, or harm another person, may it be representatives of CLIC or any other User.
o) Use, transfer, distribute, or dispose of any information contained on the Platform in any manner that could compete with Our Service.
p) Make improper use of Our support services or submit false reports of abuse or misconduct.
q) Indulge in an activity which would disable, manipulate, block or attempt to obscure the Platform Content on the Platform.
r) Use the Platform in a manner inconsistent with any applicable laws or regulations.
s) Use the Platform to store or process any content that infringes upon any person’s intellectual property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; or “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Platform (through use of manual or automated means).
t) Engage in unauthorized framing of or linking to the Platform.
u) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
v) Access any data that is not meant to be accessed or used by the User.
w) Delete the copyright or other proprietary rights notice from any Platform Content.
x) Upload or transmit (or attempt to upload or to transmit) any material that acts as apassive 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”).
y) Interfere with, disrupt, or create an undue burden on the Platform or the networks connected to the Platform.
z) Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
aa) Modify, adapt, or hack the Platform or otherwise attempt to gain or gain unauthorized access to the Platform provided thereof or related systems or networks.
bb) Copy or adapt the Platform’s software, including but not limited to, PHP, HTML, JavaScript, or other code.
cc) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way jeopardizing any part of the Platform.
dd) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
ee) Use the Platform as part of any effort to compete with Us or otherwise use the Platform for any revenue-generating endeavour or commercial enterprise.
ff) Use the Platform in any manner that violates any applicable laws.
gg) Use unparliamentary language while posting a review.
hh) Abuse or threaten Us or other Users by displaying verbal violence, rage or anguish.
ii) Post a fake or misleading review about other Users or Your experiences with other Users.
jj) Post a review that constitutes defamation or harassment of any kind of Us or Our Users.
kk) Indulge Yourself in conduct that is harmful, hateful, unethical or invasive of another User’s privacy.
11. LEGAL PROCEEDINGS
11.1 You hereby expressly waive any and all rights and remedies available to You at law or in equity to prosecute Us and/or initiate any legal proceedings against Us. You further release and forever discharge Us and Our directors, officers and employees of and from all past, present and future actions, causes of action, damages, claims, cross claims and demands whatsoever (including all damage, loss and injury not now known or anticipated but which may arise in the future and all effects and consequences thereof), however and wherever arising, which You may have hereafter in connection with Our Platform, and/or these Terms.
11.2 You agree that in the event of any dispute between You and any other User, You will not subject Us to be party to any legal proceedings (“Proceedings”) in connection with such dispute. In the event that We are implicated in any Proceedings in any manner whatsoever, We reserve the right to recover any and all damages, liabilities costs and expenses incurred by Us from the User which implicates Us to such Proceedings. Notwithstanding anything hereinunder, We will abide by any court order duly served on Us in connection with th
12. LICENSE TO THE PLATFORM
12.1 Subject to Your compliance with each provision of these Terms, We hereby grant You a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive, non-commercial right to access and use the Platform in accordance with these Terms. You also have the right to access and browse the Platform and, even under such circumstances, these Terms shall be binding on You.
12.2 Except the rights and interests that are provided to You under these Terms, unless otherwise specified, You shall have no other right or interest whatsoever in the use of Platform.
12.3 In the event that You choose to download any Platform Content from the Platform, You must do so in accordance with these Terms and such download is licensed to You by Us only for Your own perusal in accordance with these Terms and We do not transfer any other rights to You.
13. PLATFORM MANAGEMENT
13.1 We reserve the right, but shall not be obligated, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against anyone who, at its sole discretion, violates the applicable law or these Terms, including without limitation, reporting such User to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable the access of the Platform or any portion thereof without any liability and at its sole discretion; (4) remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company’s systems without any limitation, notice, or liability and at its sole discretion; and (5) manage the Platform in a manner designed to protect the Company’s rights and property and to facilitate the proper functioning of the Platform.
13.2 The Platform may sometimes contain certain errors, mistakes, inaccuracies, discrepancies or omission or certain information might not be complete or current. We reserve the right to rectify errors, mistakes, inaccuracies, discrepancies or omissions and change and update the information so provided without providing any prior notice to You. We shall not be liable for any inaccuracies, omissions, discrepancies in the information which may be provide on the Platform.
14. FEEDBACK
We may provide you with a mechanism to provide feedback, comments, questions, suggestions, and/or ideas about our Services (“Feedback”). You agree that We may, in our sole discretion, use the Feedback You provide to Us in any way, including in future enhancements and modifications to Our Platform. You hereby grant to Us and Our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to You or any third party.
15. CONFIDENTIALITY
To the extent that You receive or possess any non-public information from Us that is confidential or, given the nature of the information or circumstances surrounding its disclosure, reasonably should be considered to be confidential, such information is “Confidential Information” and must be handled according to these Terms. For the purpose of these Terms, “Confidential Information” includes but is not limited to: (a) non-public information about the technology, customers, business plans, marketing and sales activities, finances, operations and other business information; and (b) the existence and content of any discussions or negotiations regarding the User’s Account and/or access of the Platform, thereof. ‘Confidential Information’ does not include any information that: (i) is publicly available or becomes publicly available through no action or fault of the User, (ii) was already in the User’s possession or known to the User prior to being disclosed or provided to the User by or on behalf of the other party, provided, that, the source of such information or material was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect thereto, (iii) was or is obtained by the User from a third party, provided, that, such third party was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect to such information or material, or (iv) is independently developed by the User without reference to the Confidential Information (in which case the onus of proof shall lie solely with the User).
You may not use Confidential Information except in connection with access to the and the provided thereof as permitted under these Terms or as separately authorized in a signed writing by Us.
You agree to not disclose Confidential Information after the cessation of usage of the through the Platform and/or after these Terms otherwise no longer apply. You will take all reasonable measures to avoid disclosure or unauthorized use of Confidential Information in perpetuity.
You agree that information provided relating to the Platform is Confidential Information, and, in addition to the other requirements set forth in these Terms, You agree to not: (i) access and use the Platform and/or the Service for benchmarking or performance testing or to publicly disseminate performance information or analysis from any source relating to the Platform; (ii) modify or create derivative works of the Platform thereof or remove any product identification, proprietary, copyright or other notices contained in the Platform; or (iii) allow any other individual to access the Platform.
16. PRIVACY POLICY
16.1 By using the Platform, You agree to be bound by Our Privacy Policy, available at Our Platform, which is deemed to be incorporated into these Terms.
16.2 Please be advised that the Platform is hosted in the India or in such country as have specifically opted by You (“Host Nation”). If You access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Host Nation, then through Your continued use of the Platform, You are transferring Your data to the Host Nation, and You agree to have Your data transferred to and processed in the Host Nation.
17. THIRD PARTY SERVICE PROVIDERS AND APPLICATIONS
17.1 For the provision of Services, ease of access of the Platform by You and any other reason that We deem necessary for Our business purpose, We at Our sole discretion, reserve the right to use any third-party service providers.
17.2 You acknowledge that Our Services integrate with certain third-party applications (“Third-Party Application(s)”) and that access and use of the Third-Party Applications may require acceptance of terms of service and privacy policies applicable to such Third-Party Applications (“Third-Party Terms”). We neither have any control nor determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between Users and third-party service providers.
17.3 You are responsible for reading and understanding the Third-Party Terms before accessing or using any Third-Party Application. You acknowledge and agree that the Company is not liable for any Third-Party Applications.
17.4 You acknowledge and agree that You are availing the Services and/or browsing the Platform solely at Your own discretion, risk and cost, if any. We do not exercise any ownership, control or supervision over the third-party service provider or their services. We make no representation or provide no warranty and guarantee (express or implied) for the services offered through the third-party service provider, even if the services have been availed or sought to be availed through the Platform. Any claims, actions or inactions relating to the services availed from third party service provider should be settled inter-se between You and the third-party service provider.
17.5 While We will try to provide You with advance notice, whenever reasonably possible, You acknowledge and agree that We may, at any time, at its sole discretion and without any notice to You, suspend, restrict or disable access to or remove from Services, any Third-Party Application, without any liability to You, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
18. NO IMPLIED WAIVER
Failure of the Company to exercise or enforce any right under this Policy upon one or more occasions shall not constitute a waiver of the right to exercise or enforce the same or any other right on another occasion.
19. SUBCONTRACTING
The Company may subcontract to any third party the execution, in whole or in part, the operations of the Company, which the Customer shall not deny and shall not be in violation of any terms of this Policy. Further, such subcontractors appointed in all circumstances would be under the authority and complete responsibility of the Company.
20. FORCE MAJEURE
The Company shall not be liable for any non-performance or delays in or failure in performance hereon, its part, if and to the extent caused by occurrences beyond its control, including but not limited to, acts of god, decrees or restraints of the government authority, strikes, or other labor disturbances, war sabotage, change of law, refusal on the part of any government, government agencies, pandemic, bank and other competent authority to grant any necessary permit license or sanction or deciding to revoke or qualify and such permit or in the event of any other supervening clause rendering, performance or further performance of any of the obligations impossible in accordance with the most liberal interpretation of the Sec. 56 of the Indian Contract Act, 1852. The Company shall not be liable for any non-performance or delays in or failure in performance hereon, its part, if and to the extent caused by occurrences beyond its control, including but not limited to, acts of god, decrees or restraints of the government authority, strikes, or other labor disturbances, war sabotage, change of law, refusal on the part of any government, government agencies, pandemic, bank and other competent authority to grant any necessary permit license or sanction or deciding to revoke or qualify and such permit or in the event of any other supervening clause rendering, performance or further performance of any of the obligations impossible in accordance with the most liberal interpretation of the Sec. 56 of the Indian Contract Act, 1852.
21. USE OF TRADE REFERENCES
The Company may use as a reference the name of the Customer or any of its distinctive signs, trademark without prior written approval of the Customer, in Company’s advertising or promotional materials.
22. INTEGRITY AND ANTI-CORRUPTION
22.1 The Company conducts business with honesty and integrity and demonstrates the highest standards of business ethics. The Company confirms that to the best of its knowledge, is not engaged in bribery, corruption, or other unethical or illegal practices whether in dealings with government officials (which includes government employees or officers at any level, employees or officers at government- controlled or owned entities, employees or officers of public international organizations, and political officials or candidates or anyone acting on such a person’s behalf), political parties or others, including individuals in the private sector. This includes, directly or indirectly, paying, giving, offering, promising, or authorizing money or anything of value to anyone to seek to obtain an undue or improper advantage.
22.2 The Company acknowledges that in carrying out its activities, the Company is complied, and shall cause its affiliates, permitted agents and employees to comply, with all laws and regulations applicable in respect of the activities contemplated by the purchase order.
23. LIMITATION OF LIABILITY
23.1 YOU UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN AS-IS- AND-AS-AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE.
23.2 WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, (G) ANY INFORMATION LEAK, DATA LOSS, DATA THEFT, DATA CORRPUTION OR THE ILLEGAL OR WRONGFUL USAGE OF ANY DATA STORED ON OUR PLATFORM OR OUR SERVERS, AND/OR (H) . ANY DATA LOSS OR DATA THEFT, OR DATA CORRPUTION OR THE ILLEGAL OR WRONGFUL USAGE OF ANY DATA STORED ON THE SERVERS OF THIRD-PARTY APPLICATIONS.
23.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WE SHALL UNDER NO CIRCUMSTANCES BE RESPONSIBLE OR LIABLE FOR ANY ACTIONS TAKEN BY YOU OR ANY OTHER USER INCLUDING WITHOUT LIMITATION THE RELEASE OR WITHDRAWAL OF RELEASE OF OFFERS OR THE ACCEPTANCE OR WITHDRAWAL OF ACCEPTANCE OR REJECTION OF OFFERS MADE ON THE PLATFORM OR ANY REVIEWS OR REPLIES TO REVIEWS POSTED ON OUR PLATFORM OR DISSATISFACTORY PERFORMANCE OF SERVICES BY SELECTED CANDIDATES OR THE EXISTENCE OF AN UNHEALTHY WORK ENVIORNMENT AT THE WORKPLACE OF ANY OF OUR USERS OR ANY ACT OR OMMISSION BY YOU OR ANY OTHER USER ON THE PLATFORM OR OFF-PLATFORM OR ANY FRAUD, NEGLIGENCE, MISCONDUCT OR VIOLATION OF THESE TERMS OR APPLICAPLE LAWS OR OTHERWISE BY YOU OR ANY OTHER USER
23.4 YOU AGREE THAT WE SHALL, IN NO EVENT, BE LIABLE FOR ANY DIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY THE USERS USE OF OR INABILITY TO USE THE SERVICE AND THE SERVICES OF ANY THIRD-PARTY OR SERVICE PROVIDER SO ENGAGED UNDER THESE TERMS OF SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
24. SEVERABILITY
In the event that any of the terms, conditions or provisions of this Policy are determined invalid, unlawful or unenforceable, to such an extent, such terms, conditions or provisions shall be severed from the remaining terms, conditions and provisions and such remaining terms, conditions and provisions shall continue to be valid to the fullest extent permitted by law, provided however if such invalid, unlawful or unenforceable terms, conditions or provisions may be made legal, valid and enforceable by limitation or modification thereof, then the term, condition or provision shall be revised and reformed to make it legal, valid and enforceable to the maximum extent provided by law.
25. JURISDICTION
25.1 This Policy and all the invoices rendered to Customer are subject to all the applicable laws and regulations of India.
25.2 Any actions or proceedings by the Company against the Customer or by the Customer against the Company shall only be brought in the courts of Jaipur Rajasthan.
26. ENTIRE UNDERSTANDING
26.1 This Policy constitutes the entire understanding between the Company and the Customer in relation to the terms this Policy shall supersede any prior understanding or representation of any kind preceding the date of this Policy.
26.2 This Policy shall be read with the privacy policy, cancellation and refund policy (“Ancillary Documents”). If there exists any contradiction between the terms of this Policy and that of the Ancillary Documents, the terms of this Policy shall prevail, unless otherwise express in writing by the Company.
27. GRIEVANCE REDRESSAL
27.1 If there are any complaints or issues with regards to terms specified in this Policy, please contact us at Hello@clicforum.org. We will make every effort to resolve Customer’s issue in a timely and satisfactory manner.
27.2 If the Customer is not satisfied with the resolution provided by the Company, the same may be escalated to Our Grievance Officer, Mr. Girish Mehta at Girish@clicforum.org. Our Grievance Officer will review the issue and work with the Customer to find a resolution.
28. ACCEPTANCE
Customer hereby agrees to have read and understood this Policy and agrees that Customer’s written acceptance or accessing the Platform shall constitute Customer’s acceptance of the terms and conditions of this Policy.
