TERMS AND CONDITIONS
Last updated
April 01, 2024
AGREEMENT TO OUR LEGAL TERMS
We are
StepForward Solutions LLP
(
'
Company
', '
we
', '
us
', or '
our
'
)
, a company registered in
India
at
C-402, Pride Greenfields, New. D.P. Road,
,
Vishalnagar, Pimple Nilakh
,
Pune
,
Maharashtra
411027
.
We operate
the website
https://kaizen-apps.com
(the
'
Site
'
)
, as well as any other related products and services
that refer or link to these legal terms (the
'
Legal Terms
'
) (collectively, the
'
Services
'
).
You can contact us by
phone at
+91 9923310606
, email at
[email protected]
,
or by mail to
C-402, Pride Greenfields, New. D.P. Road,
,
Vishalnagar, Pimple Nilakh
,
Pune
,
Maharashtra
411027
,
India
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an
entity (
'
y
ou
'
), and
StepForward Solutions LLP
, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Services from time to time are hereby
expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or
modifications to these Legal Terms
from time to time
. We will alert you about any changes by updating the
'Last updated'
date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms
to stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have
accepted, the changes in any revised Legal Terms by your
continued use of the Services after the date such
revised Legal Terms are posted.
The Services are intended for users who are at
least 18 years old. Persons under the age of 18
are not permitted to use or register for the
Services.
We recommend that you print a copy of these Legal Terms
for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or
entity in any jurisdiction or country where such
distribution or use would be contrary to law or
regulation or which would subject us to any registration
requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the
Services from other locations do so on their own
initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so
if your interactions would be subjected to such laws,
you may not use the Services. You may not use the
Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source
code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics
in the Services (collectively, the
'Content'
), as well as the trademarks, service marks, and logos
contained therein (the
'Marks'
).
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property
rights and unfair competition laws) and treaties in the
United States and around the world.
The Content and Marks are provided in or through the
Services
'AS IS'
for your
personal, non-commercial use or internal business
purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the
'
PROHIBITED ACTIVITIES
'
section below, we grant you a non-exclusive,
non-transferable, revocable
licence
to:
-
access the Services; and
-
download or print a copy of any portion of the Content
to which you have properly gained access.
solely for your
personal, non-commercial use or internal business
purpose
.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or
Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere
in our Legal Terms, please address your request to:
[email protected]
. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services
or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure
that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your
right to use our Services will terminate immediately.
Your submissions
Please review this section and the
'
PROHIBITED ACTIVITIES
'
section carefully prior to using our Services to
understand the (a) rights you give us and (b)
obligations you have when you post or upload any content
through the Services.
Submissions:
By directly sending us any question, comment,
suggestion, idea, feedback, or other information about
the Services (
'Submissions'
), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use
and dissemination for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to
you.
You are responsible for what you post or upload:
By sending us Submissions
through any part of the Services
you:
-
confirm that you have read and agree with our
'
PROHIBITED ACTIVITIES
'
and will not post, send, publish, upload, or transmit
through the Services any Submission
that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group,
sexually explicit, false, inaccurate, deceitful, or
misleading;
-
to the extent permissible by applicable law, waive any
and all moral rights to any such Submission
;
-
warrant that any such Submission
are original to you or that you have the necessary
rights and
licences
to submit such Submissions
and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions
; and
-
warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible for your Submissions
and you expressly agree to reimburse us for any and all
losses that we may suffer because of your breach of (a)
this section, (b) any third party’s intellectual property
rights, or (c) applicable law.
By using the Services, you represent and warrant that:
(
1
) all registration information you submit will be
true, accurate, current, and complete; (
2
) you will maintain the accuracy of such
information and promptly update such registration
information as necessary;
(
3
) you have the legal capacity and you agree to comply
with these Legal Terms;
(
4
) you are not a minor in the jurisdiction in which you
reside
; (
5
) you will not access the Services through automated
or non-human means, whether through a bot, script or
otherwise; (
6
) you will not use the Services for any illegal or
unauthorised
purpose; and (
7
) your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and
refuse any and all current or future use of the
Services (or any portion thereof).
You may be required to register to use the
Services. You agree to keep your password
confidential and will be responsible for all use
of your account and password. We reserve the
right to remove, reclaim, or change a username
you select if we determine, in our sole
discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of payment:
-
Visa
-
Mastercard
-
American Express
-
Discover
-
PayPal
You agree to provide current, complete, and accurate
purchase and account information for all purchases made
via the Services. You further agree to promptly update
account and payment information, including email
address, payment method, and payment card expiration
date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the
price of purchases as deemed required by us. We may
change prices at any time. All payments shall be
in
US dollars
.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping
fees, and you
authorise
us to charge your chosen payment provider for any such
amounts upon placing your order. We reserve the right to
correct any errors or mistakes in pricing, even if we
have already requested or received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household,
or per order. These restrictions may include orders
placed by or under the same customer account, the same
payment method, and/or orders that use the same billing
or shipping address. We reserve the right to limit or
prohibit orders that, in our sole
judgement
, appear to be placed by dealers, resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew
unless
cancelled
. You consent to our charging your payment method on a
recurring basis without requiring your prior approval
for each recurring charge, until such time as you cancel
the applicable order.
The length of your billing cycle
will depend on the type of subscription plan you choose
when you subscribed to the Services
.
Free Trial
We offer a
7
-day free trial to new users who register with the
Services.
The account will be charged according to the user's
chosen subscription
at the end of the free trial.
Cancellation
All purchases are non-refundable.
You can cancel your subscription at any time by
contacting us using the contact information provided
below.
Your cancellation will take effect at the end of the
current paid term. If you have any questions or are
unsatisfied with our Services, please email us at
[email protected]
.
Fee Changes
We may, from time to time, make changes to the
subscription fee and will communicate any price changes
to you in accordance with applicable law.
7. SOFTWARE
We may include software for use in connection with our
Services. If such software is accompanied by an end user
licence
agreement (
'EULA'
), the terms of the EULA will govern your use of the
software. If such software is not accompanied by a EULA,
then we grant to you a non-exclusive, revocable,
personal, and non-transferable
licence
to use such software solely in connection with our
services and in accordance with these Legal Terms. Any
software and any related documentation is provided
'AS IS'
without warranty of any kind, either express or implied,
including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or
non-infringement. You accept any and all risk arising
out of use or performance of any software. You may not
reproduce or redistribute any software except in
accordance with the EULA or these Legal Terms.
You may not access or use the Services for any purpose
other than that for which we make the Services
available. The Services may not be used in connection
with any commercial
endeavours
except those that are specifically endorsed or
approved by us.
As a user of the Services, you agree not to:
-
Systematically retrieve data or other content
from the Services to create or compile,
directly or indirectly, a collection,
compilation, database, or directory without
written permission from us.
-
Trick, defraud, or mislead us and other
users, especially in any attempt to
learn sensitive account information such
as user passwords.
-
Circumvent, disable, or otherwise
interfere with security-related features
of the Services, including features that
prevent or restrict the use or copying
of any Content or enforce limitations on
the use of the Services and/or the
Content contained therein.
-
Disparage, tarnish, or otherwise harm,
in our opinion, us and/or the Services.
-
Use any information obtained from the
Services in order to harass, abuse, or
harm another person.
-
Make improper use of our support
services or submit false reports of
abuse or misconduct.
-
Use the Services in a manner
inconsistent with any applicable laws or
regulations.
-
Engage in
unauthorised
framing of or linking to the Services.
-
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
Services or modifies, impairs, disrupts,
alters, or interferes with the use,
features, functions, operation, or
maintenance of the Services.
-
Engage in any automated use of the
system, such as using scripts to send
comments or messages, or using any data
mining, robots, or similar data
gathering and extraction tools.
-
Delete the copyright or other
proprietary rights notice from any
Content.
-
Attempt to impersonate another user or
person or use the username of another
user.
-
Upload or transmit (or attempt to upload
or to transmit) any material that acts
as a passive or active information
collection or transmission mechanism,
including without limitation, clear
graphics interchange formats (
'gifs'
), 1Ă—1 pixels, web bugs, cookies, or
other similar devices (sometimes
referred to as
'spyware' or 'passive collection
mechanisms' or 'pcms'
).
-
Interfere with, disrupt, or create an
undue burden on the Services or the
networks or services connected to the
Services.
-
Harass, annoy, intimidate, or threaten
any of our employees or agents engaged
in providing any portion of the Services
to you.
-
Attempt to bypass any measures of the
Services designed to prevent or restrict
access to the Services, or any portion
of the Services.
-
Copy or adapt the Services' software,
including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
-
Except as permitted by applicable law,
decipher, decompile, disassemble, or
reverse engineer any of the software
comprising or in any way making up a
part of the Services.
-
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 Services, or use or launch
any
unauthorised
script or other software.
-
Use a buying agent or purchasing agent
to make purchases on the Services.
-
Make any
unauthorised
use of the Services, including
collecting usernames and/or email
addresses of users by electronic or
other means for the purpose of sending
unsolicited email, or creating user
accounts by automated means or under
false
pretences
.
-
Use the Services as part of any effort
to compete with us or otherwise use the
Services and/or the Content for any
revenue-generating
endeavour
or commercial enterprise.
9.
USER GENERATED CONTRIBUTIONS
The Services does not offer users to
submit or post content.
We may provide you with the
opportunity to create, submit, post,
display, transmit, perform, publish,
distribute, or broadcast content and
materials to us or on the Services,
including but not limited to text,
writings, video, audio, photographs,
graphics, comments, suggestions, or
personal information or other material
(collectively,
'Contributions'
). Contributions may be viewable by
other users of the Services and
through third-party websites.
As such, any Contributions you
transmit may be treated in accordance
with the Services' Privacy Policy.
When you create or make available any
Contributions, you thereby represent
and warrant that:
-
The creation, distribution, transmission,
public display, or performance, and the
accessing, downloading, or copying of your
Contributions do not and will not infringe the
proprietary rights, including but not limited
to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
-
You are the creator and owner of or have the
necessary
licences
, rights, consents, releases, and permissions
to use and to
authorise
us, the Services, and other users of the
Services to use your Contributions in any
manner contemplated by the Services and these
Legal Terms.
-
You have the written consent, release, and/or
permission of each and every identifiable
individual person in your Contributions to use
the name or likeness of each and every such
identifiable individual person to enable
inclusion and use of your Contributions in any
manner contemplated by the Services and these
Legal Terms.
-
Your Contributions are not false, inaccurate,
or misleading.
-
Your Contributions are not unsolicited or
unauthorised
advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
-
Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libellous
, slanderous, or otherwise objectionable (as
determined by us).
-
Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
-
Your Contributions are not used to harass or
threaten (in the legal sense of those terms)
any other person and to promote violence
against a specific person or class of people.
-
Your Contributions do not violate any
applicable law, regulation, or rule.
-
Your Contributions do not violate the privacy
or publicity rights of any third party.
-
Your Contributions do not violate any
applicable law concerning child pornography,
or otherwise intended to protect the health or
well-being of minors.
-
Your Contributions do not include any
offensive comments that are connected to race,
national origin, gender, sexual preference, or
physical handicap.
-
Your Contributions do not otherwise violate,
or link to material that violates, any
provision of these Legal Terms, or any
applicable law or regulation.
Any use of the Services in violation of the
foregoing violates these Legal Terms and may
result in, among other things, termination or
suspension of your rights to use the Services.
You and Services agree that we may access, store,
process, and use any information and personal data
that you provide
following the terms of the Privacy Policy
and your choices (including settings).
By submitting suggestions or other feedback regarding
the Services, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions
and any intellectual property rights or other
proprietary rights associated with your Contributions.
We are not liable for any statements or representations
in your Contributions provided by you in any area on the
Services. You are solely responsible for your
Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your
Contributions.
11.
GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave
reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have
firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hateful
language; (3) your reviews should not contain
discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not
contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to
the legality of conduct; (7) you may not post any false
or misleading statements; and (8) you may not
organise
a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or
for any claims, liabilities, or losses resulting from
any review. By posting a review, you hereby grant to
us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and
sublicensable right and
licence
to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content
relating to review.
12.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
Site
) links to other websites (
'Third-Party Websites'
) as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information,
applications, software, and other content or items
belonging to or originating from third parties (
'Third-Party Content'
). Such
Third-Party
Websites and
Third-Party
Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third-Party Websites accessed
through the Services or any
Third-Party
Content posted on, available through, or installed from
the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices,
or other policies of or contained in the
Third-Party
Websites or the
Third-Party
Content. Inclusion of, linking to, or permitting the use
or installation of any
Third-Party
Websites or any
Third-Party
Content does not imply approval or endorsement thereof by
us. If you decide to leave the Services and access the
Third-Party
Websites or to use or install any
Third-Party
Content, you do so at your own risk, and you should be
aware these Legal Terms no longer govern. You should
review the applicable terms and policies, including
privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any
applications you use or install from the Services. Any
purchases you make through
Third-Party
Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between
you and the applicable third party. You agree and
acknowledge that we do not endorse the products or
services offered on
Third-Party
Websites and you shall hold us blameless from any harm
caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses
sustained by you or harm caused to you relating to or
resulting in any way from any
Third-Party
Content or any contact with
Third-Party
Websites.
13.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms;
(2) take appropriate legal action against anyone who, in our
sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice,
or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise
manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning
of the Services.
14.
PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy:
https://kaizen-apps.com/privacy-policy.html
. By using the Services, you agree to be bound by our
Privacy Policy, which is incorporated into these Legal
Terms. Please be advised the Services are hosted in
India
and
United States
. If you access the Services 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
India
and
United States
, then through your continued use of the Services, you are
transferring your data to
India
and
United States
, and you expressly consent to have your data transferred
to and processed in
India
and
United States
.
15.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect
while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason,
you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take
appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
16.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at
our sole discretion without notice. However, we have no
obligation to update any information on our Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance
of the Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other
problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time
or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use
the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection
therewith.
17.
GOVERNING LAW
These Legal Terms shall be governed by and defined
following the laws of
India
.
StepForward Solutions LLP
and yourself irrevocably consent that the courts of
India
shall have exclusive jurisdiction to resolve any dispute
which may arise in connection with these Legal Terms.
18.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Legal
Terms (each a
'Dispute' and collectively, the 'Disputes'
) brought by either you or us (individually, a
'Party' and collectively, the 'Parties'
), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below)
informally for at least
sixty (60)
days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party
to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal
Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally
resolved by the International Commercial Arbitration Court
under the European Arbitration Chamber (Belgium, Brussels,
Avenue Louise, 146) according to the Rules of this ICAC,
which, as a result of referring to it, is considered as the
part of this clause. The number of arbitrators shall be
one (1)
. The seat, or legal place, or arbitration shall be
Pune
,
India
. The language of the proceedings shall be
English
. The governing law of these Legal Terms shall be
substantive law of
India
.
Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action
basis or to
utilise
class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or
any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal
negotiations binding arbitration: (a) any Disputes seeking
to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy,
invasion of privacy, or
unauthorised
use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court
of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
19.
CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior
notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SERVICES, (3) ANY
UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SERVICES BY ANY THIRD PARTY, AND/OR (6) 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 SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
21.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
one (1)
mONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of:
(
1
) use of the Services; (
2
) breach of these Legal Terms; (
3
) any breach of your representations and warranties set
forth in these Legal Terms; (
4
) your violation of the rights of a third party,
including but not limited to intellectual property
rights; or (
5
) any overt harmful act toward any other user of the
Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive
defence
and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your
expense, with our
defence
of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of
it.
23.
USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of
the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of
data, you are solely responsible for all data that you
transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action
against us arising from any such loss or corruption of
such data.
24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You
consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email
and on the Services, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US
OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
25.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved,
you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department
of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
26.
MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services
constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right
or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of
a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal
Terms and does not affect the validity and enforceability
of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use
of the Services. You agree that these Legal Terms will not
be construed against us by virtue of having drafted them.
You hereby waive any and all
defences
you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
27.
CONTACT US
In order to resolve a complaint regarding the Services or
to receive further information regarding use of the
Services, please contact us at:
StepForward Solutions LLP
C-402, Pride Greenfields, New. D.P. Road,
Vishalnagar, Pimple Nilakh
Pune
,
Maharashtra
411027
India
Phone:
+91 9923310606