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Terms and Conditions

Effective date: 14 January 2021

 

MSFTS Private Limited (the “Company”) operates a web/mobile application, “Kardo App” (the “App”) available on Google Play Store, iOS and other similar platforms and also operates a website https://trykardo.com/ (the “Website”) . The Company, the App and the Website shall be together referred to as the “Platform”. These terms and conditions (“Terms”) govern the use of or access to the Platform and the Services (as defined below). 

 

These Terms constitute a binding and enforceable legal contract between the Company and a Customer or a User (as defined below) or any end user of the Services (collectively, “you”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are 18 (eighteen) years of age or older, and (c) are an Indian resident. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms. 

 

These Terms also include our privacy policy, available at (“Privacy Policy”) and any internal guidelines, supplementary terms, policies, or disclaimers made available or issued by us from time to time. By continuing to access or use the Platform, or any Service on the Platform, you signify your acceptance of the Terms. Further, you understand that the Platform is intended for the use of Indian residents only and by your continuing access and/use of the Platform shall be construed as a deemed declaration that you are an Indian resident.   

 

The Company reserves the right to make changes to these Terms by posting the new/updated version and your continued use and/or non-deletion of the Platform shall indicate your agreement to such changes. Accordingly, we encourage you to kindly continue to review the Terms whenever accessing or using the Platform so as to be abreast with the changes that we may be carrying out to these Terms. 

 

By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services. 

 

These Terms of Service regulate your access, describe your rights and responsibilities while using our online workplace productivity tools and platform including the website https://trykardo.com ("Site" or “Website”), “Kardo App” (the “App”) available on Google Play Store, iOS and other similar platforms, other services via the site and application, any mobile or internet connected device or otherwise  and other interactions (e.g. customer service enquiries, user conferences, etc.) (collectively the "Kardo App Service" or “Services”). Please read them carefully. If you are a Customer (defined below), the Customer Terms govern your access and use of our Services. If you are being invited to a Company set up by a Customer, the User Terms of Service (the “User Terms”) govern your access and use of the Services.

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Customer Terms of Service

Your agreement on behalf of “Customer”. If you purchase subscription(s), create a Company (i.e., a digital space where a group of users may access the Services), invite users to that Company, or use or allow use of that Company after being notified of a change to these Customer Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Customer. Please make sure you have the necessary authority to enter into the Contract on behalf of the Customer before proceeding.

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Who is a “Customer”?

“Customer” is the organization that you represent in agreeing to the Contract. If your Company is being set up by someone who is not formally affiliated with an organization, Customer is the individual creating the Company. For example, if you signed up using a personal phone number and invited a couple of friends to work on a new startup idea but haven't formed a company yet, you are the Customer. 

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If you signed up for a plan using your corporate phone number, your organization is Customer, and Customer can modify and re-assign roles on your Company (including your role) and otherwise exercise its rights under the Contract. If Customer elects to replace you as the representative with ultimate authority for the Company, we will provide you with notice following such election and you agree to take any actions reasonably requested by us or Customer to facilitate the transfer of authority to a new representative of Customer.

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Individuals authorized by Customer to access the Services (a “User”) may submit content or information to the Services, such as messages or files (“Customer Data”), and Customer may exclusively provide us with instructions on what to do with it. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign Companies, or consolidate Companies with other Companies.

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Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to their use of the Services and of any settings that may impact the processing of Customer Data; and (b) ensure the transfer and processing of Customer Data under the Contract is lawful.

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Individuals authorized by Customer to access the Services (an “User”) may submit content or information to the Services, such as photos, videos, messages or files (“Customer Data”), and Customer may exclusively provide us with instructions on what to do with it. For example, Customer may provide or remove access to the Services, manage permissions, change or delete workspaces, share channels, or consolidate workspaces or with other workspaces. 

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Customer and Users

Customer will (a) inform Users of all Customer policies and practices that are relevant to their use of the Services and of any settings that may impact the processing of Customer Data; and (b) ensure the transfer and processing of Customer Data under the Contract is lawful.

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Use of the Services

Customer must comply with the Contract and ensure that its Users comply with the Contract and the User Terms. We may review conduct for compliance purposes, but we have no obligation to do so. We aren't responsible for the content of any Customer Data or the way Customer or its Users choose to use the Services to store or process any Customer Data. The Services are not intended for and should not be used by anyone under the age of 16. Customer must ensure that all Users are over 16 years old. Customer is solely responsible for providing high speed internet service for itself and its Authorized Users to access and use the Services.

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Our Removal Rights

If we believe that there is a violation of the Contract that can simply be remedied by Customer’s removal of certain Customer Data, we will, in most cases, ask Customer to take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if Customer does not take appropriate action, or if we believe there is a credible risk of harm to us, the Services, Users, or any third parties.

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Ownership and Proprietary Rights

What’s Yours is Yours…

As between us on the one hand, and Customer and any Users on the other, Customer will own all Customer Data. Subject to the terms and conditions of the Contract, Customer (for itself and all of its Users) grants us a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Data only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law or as permitted by the Data Request Policy; and (d) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data from its Users as may be necessary to grant this license.

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And What’s Ours is Ours

We own and will continue to own our Services, including all related intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer and its Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Contract and the User Terms. All of our rights not expressly granted by this license are hereby retained.

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Term and Termination

Contract Term

The Contract remains effective until the Contract has expired or been terminated or the Contract itself terminates.

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Termination for Cause

We or Customer may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Users, including for any breaches of this Contract caused by its Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Users in violation of applicable law.

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Termination Without Cause

Customer may terminate its free subscriptions immediately without cause. We may also terminate Customer’s free subscriptions without cause, but we will provide Customer with thirty (30) days prior written notice.

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Effect of Termination

Upon any termination for cause by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

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Data Portability and Deletion

We are custodians of Customer Data. During the term of a Company’s contract or subscriptions, Customer will be permitted to export or share certain Customer Data from the Services; provided, however, that because we have different products with varying features and Customer has different retention options, Customer acknowledges and agrees that the ability to export or share Customer Data may be limited or unavailable depending on the type of Services plan in effect and the data retention, sharing or invite settings enabled. Following termination or expiration of a Company’s subscriptions or contract, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in our systems or otherwise in our possession or under our control.

 

User Terms of Service:

These User Terms of Service (the “User Terms”) govern your access and use of our online workplace productivity tools and platform (the “Services”). Please read them carefully. Even though you are signing into an existing Company, these User Terms apply to you as a user of the Services.

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You are the “User” of a Company controlled by a “Customer”.

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An organisation or other third party that we refer to in these User Terms as the “Customer” has invited you to a Company (i.e. a unique domain where a group of users may access the Services. If you are joining one of your employer’s Companies, for example, the Customer is your employer. If you are joining a Company created by your friend using her personal phone number to work on her new startup idea, she is our Customer and she is authorising you to join her workspace. 

These User Terms are a legally binding contract between you and us. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms. “We”, “our” and “us” currently refers to the applicable Slack entity in the Contract (defined below). 

 

The Customer has separately agreed to our Customer Terms of Service that permitted the Customer to create and configure a workspace so that you and others could join (each invitee granted access to the Services, including you, is an “User”). The Contract contains our commitment to deliver the Services to the Customer, who may then invite Users to join its Company(Companies). When a User submits content or information to the Services, such as messages or files (“Customer Data”), you acknowledge and agree that the Customer Data is owned by the Customer and the Contract provides the Customer with many choices and control over that Customer Data. For example, the Customer may provide or withdraw access to the Services, manage permissions, retention and export settings, transfer or assign Companies, consolidate your Companies with other Companies, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data. 

 

The relationship between You, the Customer and Us

You agree that it is solely the Customer’s responsibility to (a) inform you and any Users of any relevant Customer policies and practices and any settings that may impact the processing of Customer Data; (b) obtain any rights, permissions or consents from you and any Users that are necessary for the lawful use of Customer Data and the operation of the Services; (c) ensure that the transfer and processing of Customer Data under the contract is lawful; and (d) respond to and resolve any dispute with you and any User relating to or based on Customer data, the services or the Customer’s failure to fulfil these obligations. The Platform makes no representations or warranties of any kind, whether express or implied, to you relating to the services, which are provided to you on an “as is” and “as available” basis.

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A few ground rules

You must be over the legal age. To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of 16. You represent that you are over the legal age and are the intended recipient of the Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.

 

These User Terms remain effective until the Customer’s subscription for you expires or terminates, or your access to the Services has been terminated by the Customer or us. Please contact the Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms or the Use Policy.

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For Customer and Users: 

These below terms are applicable to all the roles (“Customer” and “User” collectively referred to as a “User” going forward) that a person can assume to be while using our services.

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On-Boarding

  1. To avail the Services, a User would be required to create a profile/sign-up on the Platform (“Profile”) using his/her email ID and phone number among other details. In addition to setting up username and password to create the Profile, the User will be required to furnish certain details, including but not limited to phone numbers and details of its customers and businesses. The User warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respects. The User further agrees and undertakes to promptly update its details on the Platform in the event of any change or modification of such details.

  2. The User is solely responsible for maintaining the security and confidentiality of its username and password and agrees to immediately notify the Platform in writing at support@trykardo.com of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.

  3. The User expressly agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service or otherwise. The Platform expressly excludes any liability for any unauthorized access to a User’s Profile.  

  4. The User agrees to receive communications from the Platform regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about the Platform and the Services; (iv) promotional offers and services from the Platform and its third party partners, and (v) any other matter in relation to the Services. 

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KNOW YOUR CUSTOMER Policy

  1. The Platform may require Users to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to their identification documents (“KYC Documents”).

  2. The User hereby authorizes the Platform and any third-party service provider it may engage with or interact with in connection with using the Platform to process KYC Documents and ascertain the User’s eligibility. Any processing undertaken by the Platform shall be in accordance with its Privacy Policy and these Terms. It is hereby clarified that as far as the permission of the KYC Documents by a third-party service provider is concerned, the same shall be governed by the privacy policy of such third party service provider. 

  3. The User agrees that it may be required to submit additional documents as and when required by the Platform or any of its third party service providers and if, in such an event, any additional information, data, or documentation is required (collectively, “Top-Up Documents”), the User hereby agrees to share such Top-Up Documents promptly upon request, and further, authorizes the Platform to process such Top-Up Documents. 

  4. The User agrees and warrants to provide valid, true, complete, and up-to-date KYC Documents and Top-Up Documents. The User further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.

  5. The list of the KYC Documents and Top-Up Documents may be provided to the User at the time of creating the Profile/signing-up or at a later stage. 

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 Third Party Service

  1. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third-Party Services is solely at their own risk.

  2. The Platform makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.

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User Responsibilities

  •  The User hereby represents and warrants that all information that is provided by the User through or in relation to the Services is valid, complete, true, and correct on the date of agreeing to these Terms and shall continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Platform. The Platform does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.

  • The User shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.

  • The User shall extend all cooperation to the Platform in its defending of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms. 

  • The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:

  1. Infringe either directly or indirectly any third-party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;

  2. except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services;

  3. use the Services to transmit any data or send or upload any material that contains viruses, trojan horses or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;

  4. use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;

  5. use the Services in furtherance of / to engage in any activity which may be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; 

  6. engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory; or

  7. violate applicable laws in any manner.

  • The User shall not use the Services for / in furtherance of any sale or supply of prohibited products or services including but not limited to:

  1. sale of regulated goods;

  2. sale of counterfeit, replicas and pirated goods and goods infringing any intellectual property rights including pirated recordings or copies of unauthorized copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present;

  3. sale of tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;

  4. sale of liquor or any narcotic drugs and psychotropic substances;

  5. sale / supply of any good or service which may not be in public interest;

  6. gambling or other prohibited activities; and

  7. sale / supply of good or service which results in non-compliance of any applicable law.

  • The User shall be solely responsible for compliance with all the applicable laws including without limitation the Prevention of Money Laundering Act, 2002 and the rules made thereunder. The Platform shall not be responsible for any claims or liability or losses that may arise due to non-compliance of the anti-money laundering laws in India.

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Intellectual Property

  1. All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by the Platform . Subject to compliance with these Terms, the Platform grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.

  2. The User should assume that everything the User sees or reads on the Platform is protected under the Indian Copyright Act, 1957 and other intellectual property laws of India and may not be used except with the prior written permission of the Platform.

  3. The Platform may freely use, copy, disclose, publish, display, distribute without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights. 

  4. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Platform’s or any third party’s intellectual rights.

  5. The contents of this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to the Platform and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the Platform.

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Disclaimers and Warranties

  1. The use of the Services is at your sole risk.

  2. To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. The Platform does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.

  3. To the fullest extent permissible under applicable law, the Platform expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.

  4. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that the Platform shall have absolutely no liability with respect to the same.

  5. To the fullest extent permissible by law, the Platform, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to: 

  1. your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;

  2. the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to the Platform’s records, programmes, services, server, or other infrastructure relating to the Services; or

  3. the failure of the Services to remain operational for any period of time.

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Limitation of Liability

Notwithstanding anything to the contrary contained herein, neither the Platform nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the Platform, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.

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Indemnity

You shall indemnify, defend at the Platform’s option, and hold the Platform, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with the Platform, of these Terms. 

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Consent to Use Data

  1. You agree that the Platform and any third-party service providers it engages, may, in accordance with its Privacy Policy, collect and use your information and technical data and related information.

  2. The Platform may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.

  3. Subject to applicable laws, the Platform may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Platform shall have the right to share such data with relevant agencies or bodies.

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Fees/Charges

The Platform reserves the right to charge convenience fee for the Services and non-payment may result in denial of Services.

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Modification

The Platform reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. The Platform shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

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Jurisdiction, Governing Laws, and Dispute Resolution

These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services. 

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Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Platform. The language of the arbitration shall be English. 

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The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.

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Each party to the arbitration shall bear its own costs with respect to any dispute.

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Confidentiality

Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with the Contract, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including all Order Forms, as well as non-public business, product, technology and marketing information.Confidential Information of Customer includes Customer Data. If something is labeled “Confidential,” that’s a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.

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Protection and Use of Confidential Information

The Receiving Party will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates and contractors who need to know such information in connection with the Contract; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of this Contract. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in the Contract.

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Compelled Access or Disclosure

The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.

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Survival

The sections titled “The relationship between You, the Customer and Us”, “Our Removal Rights,” “Use of the Services,” “What’s Yours is Yours…,” “And What’s Ours is Ours,” “Effect of Termination,” “Confidentiality,” “Data Portability and Deletion,” “Disclaimers and Warranties,” “Limitation of Liability,” “Indemnity,” and “Survival” and all of the provisions under the general heading “General Provisions” will survive any termination or expiry of the User Terms.

 

General Provisions

  • Customer grants us the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time.

  • Force Majeure - Neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

  • As our business evolves, we may change these Customer Terms and the other components of the Contract. If we make a material change to the Contract, we will provide Customer with reasonable notice prior to the change taking effect, either by emailing the email address associated with Customer’s account or by messaging Customer through the Services. Customer can review the most current version of the Customer Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Contract. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Customer (or any User) accesses or uses the Services after the effective date, that use will constitute Customer’s acceptance of any revised terms and conditions.

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