TERMS OF USE
These Terms of Use are between Cathect Technologies Private Limited, a private limited company incorporated and registered under the Companies Act, 2013 (“Company”), that inter-alia manages, operates and/or controls the website/platform ‘betteron.org’ (“Platform”, “We”, “Us”, “Our”) and you, a valued consumer and the end user of the Platform (“Consumer”, “You”, “Your” or “Yourself”). These Terms of Use and any documents referred to hereunder (collectively, “Terms”) govern the products and services made available on the Platform including, but not limited to, the service that, inter alia, permits You to create, customize and manage various design assets/logos and/or purchase and manage domain names and such other features/offerings as may be developed from time to time (“Services”).
The Company offers this Platform and Services to You conditioned upon Your acceptance of all terms, conditions, policies and notices stated herein including, but not limited to, these Terms of Use, the Domain Registration Agreement, Privacy Policy, Copyright Infringement Policy, Data Request Policy and/or such additional terms that may apply to other Services offered on the Platform. By accepting these Terms of Use and all other policies references herein, You are electing to use the Platform and obtain the Services enumerated herein.
By accessing the Platform and/or by clicking “I agree”, You agree to be bound by these Terms of Use, the Privacy Policy and/or all other terms, conditions and policies incorporated herein by reference and will be bound under the applicable laws and rules there under and the amended provisions of the same, by an electronic agreement constituting an electronic contract (“Agreement”), as per the provisions of the Information Technology Act, 2000, between You and the Company in relation to Your use of the Services provided or through the Platform of the Company. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of the Platform accessible at “betteron.org”.
Please read these Terms of Use and the Privacy Policy referenced to in clause 11 very carefully. By accessing or using the Platform and/or making an account and/or uploading any data and/or accessing any Services offered on the Platform, You represent that You have read the Terms of Use, Privacy Policy and all other policies incorporated herein by reference and agree to be bound by the same and all terms incorporated by reference. If You do not agree with all of the requirements and restrictions described herein, You shall not use or be entitled to use and/or access the Platform and/or any of Our Services. By agreeing to these Terms of Use, You also agree to Our Privacy Policy and/or such other policies as may be established or introduced by the Company from time to time. If You do not wish to be bound by any of these Terms of Use or the Privacy Policy, You may not use the Application or the Services and any use of the Services in that regard would be considered as unauthorized.
You hereby represent and warrant that You are at least 18 (eighteen) years of age and capable of entering into and performing legal agreements, and that You agree to be bound by the Terms stated herein. You agree to comply with all local rules regarding online conduct under all applicable laws regarding the transmission of technical data. If You do not agree with all of the use requirements and restrictions described herein, do not use and/or access the Platform or Our Services.
This Agreement does not alter in any way the terms or conditions of any other agreement You may have with the Company. By agreeing to these Terms of Use, You also agree to our Privacy Policy and/or such other policies as may be established or introduced by the Company from time to time.
The Services provided by the Company through the Platform constitutes a technology platform that enables You to purchase and/or otherwise opt to utilize various products and services including, but not limited to, the ability to create a unique design asset/logo by using the Services and/or purchase domain names (hereinafter collectively referred to as “End Products”) and to use such End Products upon payment by You of the Fees stipulated herein.
The Company may also make available such materials, including, but not limited to, text, graphics, articles, photographs, images, icons, illustrations, etc, during the course of providing the Services (hereinafter referred to as “Content”). Various elements/items forming a part of the Content may also be provided by third party content providers who in turn obtain the same from other third-party contributors. All use of the Content and/or End Product is at your own risk.
Your access to, and use of, the Services is conditioned on Your compliance with these Terms of Use. By becoming a registered user and/or accessing and/or using the Services, the Platform, or any portion of the Services or the Platform, You agree to be bound by these Terms of Use and all applicable laws and regulations governing the Services. If You do not agree with these Terms, You are not authorized to access or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Platform or to particular transactions, including Our Privacy Policy, are also posted in particular areas of the Platform and, together with these general Terms of Use, govern Your use of those areas. If You do not agree with any of these additional terms and conditions, You are not authorized to access or use those areas of the Platform.
The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement including any other policy incorporated herein by reference, at any time and in its sole discretion. Any changes or modification will be effective immediately and You waive any right You may have to receive specific notice of such changes or modifications. You are free to decide whether or not to accept the changed/modified version of this Agreement but accepting such a changed/modified Agreement is essential and required for You to continue using the Platform. You may have to click “accept” or “agree” to show Your acceptance of any changes/modifications made to this Agreement. In the event that You are not required to expressly click any such “accept” or “agree” option, Your continued use of this Platform following the posting of changes or modifications will confirm Your acceptance of such changes or modifications. Therefore, You agree that You will periodically review this Agreement from time-to-time to understand the terms and conditions that apply to Your use of the Platform. If You do not agree to the terms of this Agreement or to any changed/amended/modified version of this Agreement, Your sole recourse is to terminate Your use of the Platform, in which case You will no longer have access to the Platform, including any account you might have created on the Platform and/or any End Products that may be existing in Your account at the time of such termination. Except as otherwise expressly stated, any use of the Platform is subject to the version of this Agreement in effect at the time of use.
In order to access the Services on the Platform, You will be required to register Yourself on the Platform. When you register Yourself on the Platform, You are required to create an account (“Account”) by entering Your name, email address, password, phone numbers, and certain other information collected by Us (collectively “Account Information”), and as more specifically dealt with hereinafter. We reserve the right to refuse registration of, or to cancel, a user ID, in our sole discretion, without providing any reason or notice to such user.
You agree, acknowledge, confirm and undertake that You shall, at all times while using the Services and/or the Platform, adhere to any and all prevalent rules, regulations and/or laws that are applicable to You on account of your activities on the Platform. You further agree that the Account Information that You provide to Us, at all times, including during registration, will be true, accurate, current, and complete, and You shall, at all times, be solely responsible for the accuracy and/or completeness of the same. Your email address and any other information that You choose to provide about Yourself will be treated in accordance with Our Privacy Policy. You are further solely responsible for keeping Your Account Information and any other information and/or content provided by You to Us, up-to-date at all times. You may not transfer or share Your Account password with anyone, or create more than one valid and existing Account. You are responsible for maintaining the confidentiality of Your Account password and for all activities that occur under Your Account. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and Your Account Information. In no event and under no circumstances shall We be held liable to You for any liabilities or damages resulting from or arising out of Your use of the Platform, Your use of the Account Information or Your release of the Account Information to a third party. You further agree and confirm that You shall not use any other user’s account at any time.
In addition to registering through the Services, You can also log in to the Services through a third-party social media service that You have access to, such as Facebook or Twitter. By logging in to Services through these social media services, You grant Us permission to access and use the information that You post or store on such social media service, in accordance with the privacy policy of that service and the privacy settings that are applicable to Your account, and to store the username and password You use to log-in to such social media service. For more details on how You can manage the information provided to Us by these social media services, please review the privacy settings applicable to Your account on such social media service.
To access the Services and the Platform, You will compulsorily be required to register Yourself on the Platform through a one-time registration process which shall be available to You on the Site. You are required to provide certain information to Us, in order to complete Your registration on the Platform including, but not limited to:
You hereby expressly agree, confirm and undertake that the information provided by You to the Company including, but not limited to Your Account Information as mentioned hereinabove, shall be true and accurate in its entirety, to the best of Your knowledge. You acknowledge and confirm that the Company has no way of ascertaining and verifying the accuracy of the information provided by You and the Company is completely relying on Your representations made to the Company in this regard. If there is ever an abuse issue or the Company needs to contact You, We will use the primary email address we have on file. It is Your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. We are not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please update your contact information through our billing and support system. Providing false contact information of any kind may result in the termination of your Account. For any new purchase, You may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
We may, with or without prior notice, suspend or terminate Your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of this Agreement or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate Your account at any time as described in the Termination clause below.
In order to download and/or use your End Product(s) through and with the help of the Services outside of the Platform, whether for commercial or personal use, you must pay the Fee stated on the Platform. You may not use any of the End Products outside of the Platform, whether for commercial or personal use, without paying all applicable and respective Fees in advance.
Upon payment of the aforesaid Fee, you may use the purchased End Products outside of the Platform, whether for commercial or personal purposes provided however that prior to creating and using any End Product, You shall be obligated to perform due diligence to determine that the use of the “Content” (i.e., all materials displayed or performed on the Services [including, but not limited to names of the domain names, any text, graphics, articles, photographs, images, icons, illustrations]) and/or part(s) thereof and/or any End Product(s) is free of any adverse claims and is not subject to any third party rights. Various elements/items forming a part of the Content may also be provided by third party content providers who in turn obtain the same from other third-party contributors. All use of the Content and/or End Product is at your own risk. You shall abide by all copyright notices, trademark rules, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Content and/or the End Products: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third party right. You acknowledge that some icons, fonts and symbols used whilst accessing the Services might have been licensed from a third-party provider. Under no circumstances will We and/or our licensors, assignors, transferors and/or other providers be liable in any way for any such Content and/or End Products including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any End Products or any part thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Content and/or End Product, including, without limitation, the existence of any third-party rights that may exist in such resources.
Any use by You of the domain service offered on the Platform shall also be subject to Your acceptance of the Domain Registration Agreement accessible at betteron.org/legal/domain-agreement.html and incorporated herein by reference.
Under no circumstances will We and/or our assignors/licensors/providers be liable in any way for any Content or Materials (as defined below), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not have a duty to pre-screen Content, but that we and our designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms or is deemed by us, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such content.
It is also clarified that You may use the End Product only in its entirety and You may not use any individual element of such End Product (including any element of the Content) in isolation. Accordingly, You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Services, any Content or third party submissions or other proprietary rights in any way that violates any third party right. Nothing stated herein shall be deemed to be construed as a transfer of any rights in and to individual elements of such End Product (including any element of the Content).
Throughout the process of accessing the Services and/or creating an End Product and/or designing the End Product, We may show the User different designs and/or design concepts, however the User has no right or license to use or copy any of the designs other than the final one made available to the User after the applicable Fee has been paid for the same and subject to adherence by You of all applicable laws.
All of the names and/or designs that appear throughout the creating, purchasing and/or designing process and/or in the course of accessing the Services, as well as trademarks and service marks, logos, slogans and taglines are the property of our licensors/assignors/providers (as applicable) and nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Platform which are the property of such parties (the “Materials”). Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
You hereby grant us and our licensors/providers/assignors/transferors a worldwide, royalty-free, non-exclusive license to host the designs/End Products created by You and warrant that you have all the rights necessary to grant us such license. You are responsible for any content and/or End Products that may be lost or unrecoverable through your use of the Services. You are encouraged to back up your End Products regularly and frequently.
Certain Services may be subject to payment of fees, one-time or subscription, as determined by Us in our sole discretion and notified in relation to such Services (“Fee(s)”). If you wish to use any of the End Products outside of the Platform, whether for commercial or personal use, you are required to pay all applicable and respective Fees in advance. If you purchase any Services or End Products that we offer for a Fee, you agree to Ours or Our third-party service providers, storing and updating your payment card information. You expressly agree (i) that we are authorized to charge you (A) the stated Fee, (B) any other Fees for Services you may purchase, and any applicable taxes in connection with your use of the Services to the payment card you provide and (ii) to reimburse us for all collection costs and interest for any overdue amounts. It is Your responsibility to ensure that Your payment information is up to date, and all invoices/amounts are paid on time.
If you maintain a credit balance, we will deduct from the credit balance when you purchase End Products or Services from us. If the credit balance is insufficient for processing the order the order may not be processed. Any negative balance in the Account will become immediately payable. If you do not correct a negative balance in your account within 24 hours, we reserve the right to terminate the Services with immediate effect and without any notice. Subject to applicable laws, rules, and regulations, at our sole discretion, payments may be applied to outstanding invoices in your billing account.
You understand that additional services or End Products that may be introduced in the future may be subject to additional fees. You further acknowledge and approve that We reserve the right to change the Fees at any time, at our sole discretion, upon notice to You if such changes affect Your existing account/subscription. If you received a discount for a subscription fee, or any other promotional offer for a subscription fee, We shall have the right to renew your subscription automatically and without further notice at the full applicable Fee.
One time End Product fees are non-refundable unless otherwise determined by us and/or our assignors/licensors/transferors/providers in our sole discretion. If You have reason to believe that they were charged in error, they may provide a written notice to our customer support and request to cancel their Fee. When eligible, Fee cancellation can be performed by customer support only up to a period of 7 days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Platform, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the Platform. Eligibility to cancel a Fee will be assessed by our customer support team based on a number of factors, including, without limitation, violations to our Terms and improper usage of the Platform.
All Fees on the Platform shall be in Indian Rupees, except when and as specifically stated otherwise by Us. You have full and sole responsibility for all taxes and fees of any nature associated with our Fees and Services, including any goods and service tax related to the purchase or sale of Services and/or End Products. When utilizing the Services and/or purchasing End Products, it is your responsibility to decide whether or not taxes apply and to report and remit the correct amounts to the appropriate authority. We shall not be liable for any taxes or other fees to be paid in accordance with or related to the Services and/or End Products. Any tools provided in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with the Services, including any tax related to the purchase or sale of Service and/or the End Products.
g. Chargebacks – If You reject the charge of the payable Fees (“Chargeback”), the action shall be considered a breach of the Fee payment obligations, and Your use of the Services may be automatically suspended and/or terminated. In such case, We reserve the right to block the Account without any option to repurchase or re-use it, and any end files and/or data contained in such Account, including any unfinalized or finalized End Product. Access to the Account shall not be regranted until You pay any applicable Fees owing in full. If You have any questions or concerns regarding a fee payment collection or attempt made by Us, we encourage you to first contact Our customer support team before filing a Chargeback. We reserve our right to dispute any Chargeback received, and to provide the relevant credit company, financial institution or bank with any information proving that You are responsible for the applicable Fees and did authorize the transaction to Us.
Unless otherwise provided, You agree that until and unless You notify us of Your desire to cancel the Services, you may be billed, but we are not obligated to bill you, on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority, unless otherwise provided. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Any invoice that is outstanding may result in the suspension or termination of Services. Access to the Account will not be restored until payment has been received. If you fail to pay the Fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred by the Company, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain registrations and renewals. No refunds will be given once a domain is registered. You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed.
It is a violation of this Agreement for You to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
If you have any questions concerning a charge on your account, please reach out to our billing department for assistance. Jurisdiction for all disputes would be Mumbai Jurisdiction only.
The Company reserves the right to change prices and/or any other charges at any time. We will intimate You before charging you with any price change. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us.
You hereby confirm that You will not use the Services or End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
You accept sole responsibility for all of your activities using our Platform, including content you submit or share via the design process and/or accessing the Services and/or creating and purchasing domain names. You will not use our Services for any illegal purpose. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. We may determine, in our sole discretion, whether or not you are in violation of any of our policies. Violation of any of these policies may result in Your information tracking with such information being stored to identify the offending user. The offending user may be permanently restricted from holding an Account or using the Services. If we reasonably determine that your Account is being used for illegal or fraudulent activity, then your Account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.
You represent that You shall not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Platform or any servers or networks connected to the Platform, or collect or store personal data about other users or any other information provided on the Platform.
You further agree that You will not engage in any of the following while using or accessing the Services:
Whilst the Company uses reasonable endeavors to correct any errors or omissions on the Platform as soon as practicable once they have been brought to the Company’s attention, the Company makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the Services provided and the Platform or any part or parts thereof, any Content, or any linked services or other external services. The Company does not warrant that Your use of the Platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Platform or any part or parts thereof, the Content, or the servers on which the Platform operates are or will be free of viruses or other harmful components. The Company does not warrant that any transmission of Content and/or Content uploaded to the Platform will be secure or that any elements of the Platform designed to prevent unauthorized access, sharing or downloading of any user’s information will be effective in any and all cases. Further, You acknowledge that the Company may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, You may be exposed to Content that You may consider to be offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any user-generated content and/or any content available on third party websites including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on the Platform or through the use of the Platform or the Services. The Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement or merchantability of the Services provided through the Platform by third party(ies).
You agree to cooperate fully with the Company in connection with its provision of the Services. It is solely Your responsibility to provide any equipment or software that may be necessary for Your use of the Services. To the extent that the performance of any of the Company’s obligations under these Terms may depend upon Your performance of your obligations, the Company is not responsible for any delays due to your failure to timely perform Your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by us to provide the Services, which may be changed by us from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. The Company does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
You hereby agree to indemnify us, defend us and hold us harmless and our licensors/assignors/providers and each of our and their respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action or proceeding against us or our related parties, with respect to or relating to your use of the Services, End Products, designs or Platform, including, without limitation, all claims relating to your use of the End Products and/or Content and/or any violation by You of the provisions of these Terms.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree, undertake and confirm to cooperate with us in asserting any available defenses.
When You use the Services via the Platform, the Company will collect certain personally identifiable information from You as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at https://betteron.org/legal/privacy-policy.html.
The Company reserves the right, in the event You breach the Terms stipulated herein, to suspend and/or terminate Your access to the Platform, with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating Your access to the Platform.
Without prejudice to the foregoing, the Company may also terminate or suspend (temporarily or permanently) all or a portion of Your Account or access to the Services, with or without any reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (a) removal of access to all offerings within the Platform or with respect to the Services; (b) barring You from further use or access of the Platform or of any of the Services and/or the End Product(s).
In the event of termination, We will not refund to you any Fees paid in advance of such termination, and you shall be obligated to pay all Fees and charges accrued prior to the effectiveness of such termination. Additionally, the Company may charge you for all Fees due for the Services for the remaining portion of the then current term.
Once terminated or suspended (temporarily or permanently), You shall not be entitled to continue to use the Platform under the same Account, a different Account or re-register under a new Account and Your right to procure the Services on the Platform shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including, but not limited to, Your login and Account Information and/or End Product(S). Upon termination or suspension of these Terms, the Company shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, login ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Your account from the Platform and/or modification of Your ability to access the Services upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information that You submit to the Company and/or the Platform, or if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Company to be able to provide/offer the Services on the Platform to You. The right to terminate/suspend the account is in addition to, and without prejudice to, the Company’s right to initiate action against You in accordance with applicable law.
Any suspension, termination, or cancellation will not affect Your obligations to the Company under the Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of clause 9 (Indemnity), clause 12 (Ownership of Intellectual Property Rights), clause 14 (Disclaimer of Warranties), clause 15 (Limitation of Liability), and clause 16 (Applicable Law and Jurisdiction) shall survive and remain in full force.
Notwithstanding any such termination/suspension, the Company may, at its sole discretion, retain such information collected from You through the Platform and/or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and/or applicable laws.
The Services, the Platform, and all information and/or content that you see, hear, or otherwise experience on the Platform (collectively, “Works”) are protected by the Indian and International copyright, trademark and other laws. We own or have the license/permission to use or display all of the intellectual property rights relating to the Company, the Services, the Platform, and the Works including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, or proprietary or confidential information, and whether or not they happen to be registered. You will not acquire any intellectual property rights in and to the Works by Your use of the Services or the Platform.
For the sake of brevity, it is expressly clarified herein that copying any such protected Works from the Platform for any purpose, whether commercial or otherwise (save and except as may be expressly permitted hereunder), shall be a violation of the Company’s intellectual property rights and the Company reserves all its rights and remedies in law in relation to such violation.
Occasionally there may be information on the Platform or in the Services that contains typographical errors, inaccuracies or omissions (“Errors”). We reserve the right to correct any such Errors and to change or update information if any information in the Services or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Services or the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or the Platform, should be taken to indicate that all information on the Platform has been modified or updated. You agree and confirm that We shall not be held liable for any damages or losses that may arise due to such errors, inaccuracies and/or omissions.
OUR PLATFORM, END PRODUCTS, SERVICES AND MATERIALS, AND/OR ANY OTHER CONTENT OR PRODUCT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE END PRODUCTS, CONTENT AND/OR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE END PRODUCTS, CONTENT, SERVICES AND YOUR USE THEREOF. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, NON-INFRINGEMENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CONTENT, END PRODUCTS, OUR SERVICES AND WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST US, OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE END PRODUCTS, CONTENT AND/OR SERVICES AND/OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS SHALL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM, NOR FOR ANY BUGS, VIRUSES OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, NOR FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT NOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AND/OR THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS ARE NOT LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BE IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MAKE ANY REPRESENTATIONS THAT OUR PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM AND/OR THE SERVICES FROM JURISDICTIONS PROHIBITING SUCH USE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER US NOR OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS AND/OR THIRD PARTY CONTENT PROVIDERS ARE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SERVICES AND/OR THE END PRODUCTS AND/OR THE CONTENT (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE PLATFORM, THE SERVICES AND OUR CONTENT
In no event will, the Company and/or its affiliates be liable to You and/or the third party(ies) for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, Your use of the Services and/or the Platform and/or the Content, whether the damages are foreseeable, and/or whether or not the Company has been advised of the possibility of such damages in advance. If You are dissatisfied with the Services and/or the Platform and/or the Content, your sole and exclusive remedy is to discontinue using the Platform.
Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to Your use of the Services and/or the Platform and/or the Content and/or Our relationship with You, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.
Notwithstanding anything to the contrary contained herein, the Company’s liability to You (if at all any liability at all arises) or any party claiming through You, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to the Company for the Services in the 1 (one) month prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
We and/or Our affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, act of god, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.
Without limiting the generality of the foregoing, We may provide and/or make available and/or otherwise reproduce third party content and/or part thereof on the Platform and/or may provide links to web pages and content of third parties as part of the Services to those interested in such third party content. We do not monitor or have any control over any third party content or third party websites. We do not endorse or adopt any third party content and make no guarantee whatsoever as to its accuracy, reliability or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any third party content. You use such third party content contained therein solely and entirely at your own risk.
Any dispute, claim or controversy arising out of or relating to these Terms of Use, including the determination of the scope or applicability of this Agreement, or Your use of the Platform or the Services or information to which it gives access, shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Mumbai, for any and all disputes arising under or in connection with this Agreement.
Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Platform (“Feedback”). You may submit Feedback by emailing us at info@betteron.org. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy, edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.