Please read these terms of use (“Terms”), a legal agreement between Twenty4 Pvt. Ltd., a Company incorporated under the laws of India, having its principal place of business at # FF-101, Vasavi Apartment, Vasavi Nagar, Gokul Road, Hubli, Karnataka- 580030, India (Hereinafter referred to as “Twenty4”, “Company”, “We”, “Us” including its affiliates and agents) of the one part and “Vendors” (defined below), “Channel Partners” (Defined below) and “Retailers” (defined below) [Hereinafter collectively referred to as (“Users” “You”, “Yours”) of the other part.
The Terms have been drafted in compliance with the (i) the Indian Contract Act, 1872, (ii) the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the (iii) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (iv) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
These Terms shall govern use of and access to the website http://www.twenty4.in (“Website”) and the “Twenty4” technology platform (“Application”)accessible through desktops, mobile phones, smart phones and tablets which includes the computer software, associated media, collaterals, and online or electronic documentation (Website and Application hereinafter collectively referred to as the “Platform”) which offers a B2B marketplace for the jewellery industry connecting “Vendors” , “Channel Partners” (Defined below) and “Retailers” with each other for buying and selling of jewellery and such Products as may be added from time to time and making use of the “Services” (defined below) as being offered and as may be introduced by the Company from time to time.
Please carefully go through these Terms and the privacy policy available at http://www.twenty4.in (“Privacy Policy”) before you decide to access or use the Website and/or Application. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and Twenty4 in connection with Your access and use of the Website and/or Application which is conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the "Terms of Use"), as well as any other written agreement between us and you.
By clicking "Sign up" or “Create an Account” or similar tabs at the time of registration, or by entering into an agreement with Twenty4 or through the continued use or accessing the Website and/or Application, You accept the Terms of Use and consent your approval to the provisions of the Terms as laid down herein below. In addition, when using particular services or materials on the Website and/or Application, you shall also be subject to any posted rules applicable to use of such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such additional guidelines or rules are hereby incorporated by reference into these Terms of Use. If you do not agree and do not wish to be bound by the Terms of Use, you have no right to access or use the Website and/or Application.
We reserve the right to modify, discontinue or terminate the Website and/or Application or Services offered thereunder or to change these Terms of Use at any time. You acknowledge and agree that it is your responsibility to review the Website and/or Application and these Terms of Use from time to time and to familiarize yourself with any modifications. If we modify these Terms of Use, we will post the modification on the Website and/or Application. Your continued access to or use of the Website and/or Application after we have posted a modification will constitute acknowledgement of the modified Terms of Use and agreement to abide by and be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you may cease using the Website and/or Application and the Services.
(i) “Effective Date” means the Date on which You accept these Terms by clicking ‘Log In’ or ‘I Accept’ or ‘Create Account’ or enter into an agreement with Twenty4.
(ii) “Confidential Information” shall mean all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to the Vendor Information, Retailer Information and Channel Partner Information; all types of data, information, ideas, processes, procedures, software specifications, technical processes, product designs, financial information, business plans, projections, marketing data and other similar information provided by one party to the other; documentation, the existence and contents of this Agreement or agreements between Company and the Users and between the Users whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, customer and prospect lists, trade secrets, or proposed trade names, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement.
(iii) “Products” refer to jewellery, precious stones and other products as may be featured on the Platform by Vendors and which may be introduced, added or amended from time to time.
(iv) “Services” refer to the service of functioning as an online aggregator and sourcing guide that seeks to bring together professional Vendors, Channel Partners and Retailers engaged in the jewellery business to facilitate business engagements between them.
(v) “User” shall collectively mean any Vendor, Channel Partner or Retailer interested in entering into business transactions with other business entities within the jewellery industry, who logs in and creates an Account as a User on the Twenty4 Platform for availing the Services.
(vi) “User Content” refers to any information, document, details posted, uploaded or shared on the Website and/or Platform by the Vendors, Channel Partners and Retailers and includes amongst others the Vendor Information, Channel Partner Information and Retailer Information.
(vii) “Vendor” is a an Individual or business entity engaged in the business of manufacturing Products such as jewellery or such other products in relation thereto.
(viii) “Vendor Information” means information pertaining to name, address of the Vendor, documents such as certificates/licenses/registrations to verify the legal status of the Vendor, copies of certificates/degrees/qualification/certifications in the area of specialization and expertise, professional memberships, details of Products such as designs, sketches, artistic works, pictures, quantity, price, and such other relevant information regarding the Products, bank account details and such other information/documents that the Company may require to be submitted from time and time or as the case may be etc.
(ix) “Channel Partner” is an individual or business entity that will assist in closing the deal between the Vendor and the Retailer.
(x) “Channel Partner Information” means information pertaining to name, address of the Channel Partner, documents such as certificates/licenses/registrations to verify the legal status of the Channel Partner, copies of certificates/degrees/qualification/certifications in the area of specialization and expertise if any, bank account details, as the Company may require to be submitted from time and time or as the case may be etc.
(xi) “Retailer” is an individual or business entity who will purchase Products including jewellery from the Vendor.
(xii) “Retailer Information” means information pertaining to name, address of the Retailer, documents such as certificates/licenses/registrations to verify the legal status of the Retailer, copies of certificates/degrees/qualification/certifications in the area of specialization and expertise, professional memberships and such other information/documents that the Company may require to be submitted from time and time or as the case may be etc.
(xiii) All other capitalized terms shall have the meaning ascribed to them in the Other Terms.
(i) You may access, browse and view the Platform as a visitor. If you, however, wish to use the Services available on the Platform then you will need to register as a User.
(ii) In order to register as a User to access, browse, view and use the Services available on the Platform, you will need to download the Application and create an account. At the time of registration you would like to identify if you would use the Platform as a Vendor, Channel Partner or Retailer. Based on your selection, you will be required to submit certain information such as the name and address, company/business registration details, GST information, Product details, GST Information etc. The information uploaded by you will be verified by Twenty4.
(iii) A registration fee shall be charged from You in order to access and use the Services available on the Platform depending upon whether you register as a Vendor, Channel Partner or Retailer. In the case You are a Channel Partner, You shall be liable to pay a deposit amount towards using the Services on the Platform in order to register yourself as a User.
(iv) Twenty4 reserves the right to change the amount we charge for such access and registration that includes authorization to access the Services at any time. In such an event, we shall notify you in advance, and give you an opportunity to continue your registration or to unstop using the Services.
(v) You will not be entitled to any refund of registration fees once paid, even if you decide to cancel your registration during the registration period.
(vi) By registering as a User, you represent and warrant that:
a) if you are an individual, then you are of legal age and competent to contract as per Applicable laws in and outside India and have the authority to enter into this Agreement. Twenty4 reserves the right to terminate Your Account and / or refuse to provide You with access to the Services if it is discovered that You are under the legal age or are not competent to contract or if any information provided by You is inaccurate. It shall be Your sole responsibility to ensure that You meet the required qualification.
b) if you are registering on behalf of an entity, then such entity is a legal entity authorized to do business in India/abroad and you have an authority to enter into this Agreement which shall be binding on the legal entity;
c) the information provided by you to register for the Services (including, but not limited to a company name, User name, e-mail address, mobile number, password that You will use to access the Website and/or Application or use the Services) is accurate, authentic and complete and that you will keep the information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate deletion/cancellation of the Account and inability to use the Website and/or Application; and
d) all the information provided in connection with your billing information such as name, billing address and credit or debit card information, bank account details are correct, verified and true.
e) You are responsible for safeguarding your password or other personal/financial details. You agree that you will not disclose your password/financial details to any third party and that you will take sole responsibility for any activities or actions under your Account or on the Website and/or Application, whether or not you have authorized such activities or actions. You will immediately notify Twenty4 of any unauthorized use of your Account or any authorized use of your personal/financial details.
(vii) You shall not (a) create an Account for anyone other than yourself without such person's prior written permission; (b) use a User Name that is the name of another person or entity with the intent to impersonate that person or entity; (c) use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or (d) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
(viii) You represent that you shall not use the Website and/or Application in violation of any applicable laws or any other code of conduct.
a) Vendors can register and create an Account on the Platform and can upload up to 240 images of their Products under the available specific product category options.
b) They can take support of Channel Partners in their district to reach out to Retailers.
c) They can reach out to Retailers across India and expand their market reach and visibility.
d) They have access to industry and trade news via push messages.
e) They get to exhibit their business and showcase their Products online 24x7.
f) They get real time status update on the Application regarding the orders received till the payment collection.
g) The Channel Partners and Twenty4 will verify the information provided by the Retailers and confirm the same to the Vendor.
(ii)Channel Partners:a) Channel Partners can register and create an Account on the Platform.
b) Channel Partners are appointed at the district level and are the single point of contact between the Vendors and Retailers in the district for all requirements pertaining to the sale of the Products.
c) The Channel Partners will get details of all Vendors pan India on their fingertips.
d) They have access to industry and trade news via push messages.
e) They get real time status update on the Application regarding the orders received till the payment collection.
(iii)Retailers:a) Retailers can register and create an Account on the Platform.
b) They can take support of Channel Partners in their district to reach out to Vendors.
c) They can reach out to Vendors across India.
d) The Platform supports the Retailers in verifying details of the Vendors and Channel Partners who sign up.
e) The Retailers get updated Product designs of the Vendors via daily push messages / notification as per the requested time slots.
f) The Retailers can use the Platform to log into Vendor profile and view the entire catalogue on display with pricing details. However, retailers cannot copy or screenshot the images uploaded by the Vendors, and any attempt to do so by a User shall result in the termination and blacklisting of their User Account and registration, with immediate effect and without any notice.
g) They have access to industry and trade news via push messages.
h) They get real time status update on the Application regarding the orders they have placed right from order placed till payment of fees and delivery of the Products.
i) The Channel Partners and Twenty4 will verify the information provided by the Retailers and confirm the same to the Vendor.
(i) Retailers may place their order, for the Products displayed by the Vendor, through the Platform and the Platform shall display the quantity, price, carat size, picture, weight and such other relevant information regarding the Products ordered by the Retailer. The Retailer must also provide information such as their billing and delivery address, phone number, delivery method, relevant payment and financial details for remitting payments towards purchases and such other information as required by Twenty4. Retailers shall be able to correct errors on their order up to the point at which they click on ‘Submit/Place order’ on the final page of the ordering process.
(ii) Once an order is placed by the Retailer, an order ticket notification is raised automatically whose cross verification and approval will then be done by Twenty4 and the appointed Channel Partner which will then be communicated to the Vendor, who shall then accept the order.
(i) All Products are subject to availability. Validly stated prices on our Platform remain in effect for so long as the Products are available or as otherwise stated on our Platform. We will inform the Retailer as soon as possible if the Products they have ordered are not available. Products may vary slightly from their pictures. The images of the Products on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. The product ordered may vary slightly from those images. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of the Vendor. We reserve the right to discontinue any Product at any time upon the request of the Vendor. Any offer for any Product or service made on this Platform is void where prohibited. We reserve the right to limit the sales of the Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that are offered.
(i) Once the Channel Partner gets the order from the Retailer, the Channel Partner will pay 10% - 15% advance of the total value of the Product to Twenty4 to confirm the order.
(ii) Once Twenty4 receives the advance payment for the order it confirms the order to the Vendor.
(iii) The Vendor starts working on the order and keeps twenty4 informed about the progress of the work. Once the Product is ready Vendor informs twenty4 that the order is ready and the total bill amount.
(iv) Twnety4 informs the Channel Partner that the order is ready and then the Channel Partner has to transfer the remaining 90%-85% of the total billed amount to twenty4.
(v) Once the Vendor receives the payment in their Escrow account towards the total bill by Twenty4 and the Vendor dispatches the Product to the Channel Partner.
(vi) The Channel Partner will conduct the quality check on the Products delivered by the Vendor and if the Product is approved then Twnety4 will release the remaining payment to the Vendor.
(vii) The Channel Partner will deliver the Products to the Retailer and add their margin and collect the payment as mutually agreed to between the Vendor and Retailer.
(viii) All monetary transaction between and amongst Twenty4 and the Users shall only be carried via NEFT or RTGS.
(ix) The transactions between the Channel Partners and Retailers is between them and based on mutual agreements, and Twnety4 is not party to that.
(i) In cases where the order is cancelled before 24 hours from the time of placing the order, then no charges shall be collected from the Retailer and if so collected, shall be refunded to them in full.
(ii) If the order is cancelled after 24 hours from the time of placing the order, then 100% of the making charges of the Product shall be collected from the Retailer by the Channel Partner and deposited with Twenty4.
(iii) Twenty4 shall then remit 80% of the amount so collected to the Vendor’s account, while the remaining 20% of the amount shall be retained by Twenty4 for facilitating the cancellation process.
Your use of the Platform shall be subject to the following restrictions:
(i) You will not delete or modify any content on the Platform including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos.
(ii) You will not decompile, reverse engineer, or disassemble the Website and/or Application, or remove any copyright, trademark registration, or other proprietary notices from the Website and/or Application. You further agree not to access or use Website and/or Application in any manner that may be harmful to the operation of the Website and/or Application or its content.
(iii) You will not use Website and/or Application and/or Services in any way that is unlawful, or harms Twenty4 or any other person or entity.
(iv) You will immediately notify Us of any breach or suspected breach of the security of the Platform of which You become aware, or any unauthorized use or disclosure of information within or obtained from the Platform, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.
(v) You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
(vi) You will not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which You do not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(vii) You will not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to us on or through the Platform or when availing any Service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(viii) You agree not use the Platform in any other way that violates (i) these Terms, (ii) applicable laws, or (iii) the rights of any third party.
(i) Platform and Platform Content: The Platform is owned and operated by Twenty4. Twenty4 owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Platform, software therein, the present or future modifications/ up gradations thereof and standard enhancements thereto.
Material on the Platform is solely for your use as per the terms of this agreement. All material posted on the Platform except the Vendor information, Channel Partner Information and Retailer Information is owned by Twnety4 or licensed by it (Twenty4 Content). You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Platform and / or Twenty4 Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. Modification of the material on the Platform, use of such material on any other Platform or networked computer environment, or use of the materials for any purpose other than those stipulated in these terms is a violation of our intellectual property rights and is prohibited.
(ii) Limited License to use the Website/Application and Twenty4 Content: We grant you a non-exclusive, personal, non-transferable, revocable and limited right to have access to and make use of the Website and/or Application and Services offered therein only for the duration you are registered as a User and in accordance with the terms contained therein. You are, however, not permitted to reproduce, duplicate, copy, sell or otherwise exploit the Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other Twenty4 Content for any commercial purpose, except as expressly provided. You shall not copy, make derivative works, transmit, post, link, deep link, redistribute, sell, decompile, modify, reverse engineer, translate, or disassemble the software embodied in the Website and/or Application. These Terms do not and shall not transfer any ownership or proprietary interest in the Website and/or Application or Twenty4 Content to You, except as may be otherwise expressly provided herein or as may be agreed to by and between the Parties.
(iii) User Content: User Content may be defined to mean any materials you upload, post, or otherwise transmit to this Platform including but not limited to images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof and collectively includes Vendor Information, Channel Partner Information and Retailer Information.
(iv) Guidelines for User Content: Users who wish to upload any User Content must adhere to the following guidelines. Twenty4 reserves the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.
a)Ownership of User Content: Users must honour the intellectual property rights of others. Users shall not upload, post or distribute any User Content in which they do not own copyright. In addition, Users shall not upload, post or distribute any User Content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name or trade dress , copyright in artistic or literary work of any other person or entity, (iii) infringes any third party's rights of privacy or publicity or (iv) any third party intellectual property rights.
b)Commercial activity: Users shall not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, "junk mail," "spam," "chain letters," or "pyramid schemes" or other such solicitations.
c)Misuse of User Content: Users shall not misuse, copy, replicate or infringe any intellectual property rights of other Users who upload pictures of their Products or designs on the Platform. If any User is found copying or replicating or imitating the designs or downloading pictures of Products of other Users then he/she will be blacklisted from the Platform.
(v)License to use User Content: You as a User represent and warrant that (i) You are the owner of all rights, title and interests including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in the User Content that You post/create/upload/share on the Website and/or Application; (ii) You hereby grant to us a perpetual, non-revocable, worldwide, royalty-free license to use, distribute, display, reproduce, modify, adapt, the content that you post / uploaded in order to meet our obligations under the Terms; (iii) the User Content posted, uploaded, published or submitted by You on the Website/Application will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(i) Company does not offer Products on its own but provides a platform for connecting Vendors, Channel Partners and Retailers with one another to facilitate business transactions and interactions amongst them.
(ii) Company does not direct, has no control over, makes no representations and does not guarantee the quality, safety or credibility of the Vendors, Channel Partners or Retailers or the ability of Vendors, Channel Partners or Retailers to enter into business transactions.
(iii) Vendors, Channel Partners and Retailers are independent parties. Company is not responsible for and disclaims any and all liability related to the actions of Vendors, Channel Partners and Retailers.
(iv) Company’s role is that of an 'intermediary' as defined under the Information Technology Act, 2000 as amended from time to time and the rules thereunder. Being an intermediary, the Company is merely providing a platform to the Vendors, Channel Partners and Retailers to connect with one another and thus has no responsibility and / or liability in respect of the transactions being conducted amongst them through the Website and/or Application or outside it.
(v) If Company suspects any illegal, wrongful or fraudulent activity on the Platform by You, notwithstanding any other rights Company may have, Company reserves the right to inform the relevant government or law enforcement authorities. Company will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities
(i) You hereby acknowledge and agree that the Company is only offering a platform to assist and connect Vendors, Channel Partners and Retailers, and is NOT a party to any oral or written agreement for service or any contract entered into between Vendors, Channel Partners and Retailers in connection with any Service offered, directly or indirectly, through the Platform. You acknowledge, agree and understand that the Company only seeks to provide a Platform wherein the Vendors, Channel Partners and Retailers can be brought together and assisted in business transactions and the Company itself has no role in the provision of the Products.
(ii) You understand that the User information/documents uploaded by you on the Platform is being done at your own risk and that you shall be careful and responsible in matters pertaining the sharing of information/documents with other Users.
(iii) Notwithstanding the foregoing, you agree that since the Company only seeks to provide a Platform wherein the Users can be brought together and the Company itself has no role in the execution or provision of Products itself, the Company shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as a result of any such transaction or dealings. If there is a dispute between and amongst the Users, you acknowledge and agree that the Company is under no obligation to become involved. In the event that a dispute arises between You and a User or one or more Users, or any third party, you hereby release the Company, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or any Product/ service provided thereunder.
(iv) You agree that your use of the Website or Application shall be at your own risk. To the fullest extent permitted by law, the Company and its officers, managers, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, or any guarantees in connection with this Website, the Application, the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this Website or Application, the services offered on or through this Website or Application, any data, materials, or other third parties.
(v) Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Website or Application, the services offered on or through this Website or Application, data, materials, and any information or material contained or presented on this Website or Application is provided to you on an "as is," "as available" and "whereis" basis with no implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the Website or any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website or Application by any third party, any interruption or cessation of transmission to or from the Website or Application, any defamatory, offensive, or illegal conduct of any third party or Vendors, Channel Partners and Retailers, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the Website or Application or User information uploaded, shared, posted, transmitted, or otherwise made available via the Website or Application. The Company does not endorse, warrant, guarantee, or assume responsibility for any Product or service advertised or offered by a third party through the Website or Application or any hyperlinked site or featured in any banner or other advertisement. Company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, as with the use of any Product or service, and the publishing or posting or sharing of any material/document/information through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
(vi) You are solely responsible for any and all acts or omissions taken or made in reliance on the Website or Application or the information in the software, including inaccurate or incomplete information. It is expressly agreed that in no event shall the Company be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if the Company have been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers, internet service providers or the system.
(vii) We do not warrant that your use of the Website or Application and the Services under these terms will not violate any law or regulation applicable to you.
You expressly understand and agree that we shall not be liable for any indirect, incidental or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from any use of the Website, Application and/or the Services and Products (regardless of whether we should have known of the possibility of such damages). Regardless of the form of action (including negligence), in no event shall our aggregate liability arising out of or relating to the use of the Website, Application and/or the Services and Products exceed the aggregate amount paid by you for 6 months to use or access the Website, Application and/or the Services and Products or INR 1000 whichever is lower.
(i) You agree to defend, indemnify and hold harmless the Company, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service providers, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of, access to, and participation in the Website and Application; your violation of any provision of the terms of use, including the privacy policy; your violation of any third party right, including without limitation any copyright, trademark, proprietary, intellectual property, or privacy right.
(ii) If you have a dispute with one or more Users, you forever release the Company (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Website or Application and/or any Products or Services offered therein.
The Website, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Twenty4 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Twenty4 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
(i) Twenty4 may at any time, terminate its legal agreement with you if you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms).
(ii) If you wish to cease use of the Website and/or Application you may delete your Account from the Platform and delete the Application. You can terminate your Account at the end of the subscription period by not renewing.
(iii) Notwithstanding anything to the contrary in these Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend your use of Website, Application or Services offered therein without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law; or (c) if performance of any term of these Terms by either Party would cause it to be in violation of law.
(iv) Upon termination of your Account by Twenty4 or deletion of the Account by you, your right to use Website, Application or Services offered therein shall automatically terminate. You acknowledge and agree that your right to use Website, Application or Services offered therein is conditional upon your adherence to the Terms, the continuous activation of your Account, and payment of fees, if applicable. Upon Termination, Twenty4 retains the right to use any User Content collected from your use of Website, Application or Services offered therein for internal analysis and archival purposes, and all related licenses you have granted Twenty4 hereunder shall remain in effect for the foregoing purpose.
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Bangalore, subject to clause 12 below, shall have jurisdiction.
(i) Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of Website, Application or Services offered therein or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be Bangalore, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
(ii) The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows:
Name:
Email Id:
Number: (insert landline number)
(i) Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
(ii) Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid nationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth above.
(iii) Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented.
(iv) Force Majeure: Twenty4 shall not be liable for any downtime or delay or unavailability of the Website and/or Application or Services caused by circumstances beyond Twenty4's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, pandemics, epidemics, lockdowns, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
(v) Assignment: You may not assign or sub-license, without the prior written consent of Twenty4, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
(vi) The Terms contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Terms of Use other than those contained or referenced in the Terms of Use. Last updated 29-12-2022. COPYRIGHT © TWENTY4 PRIVATE LIMITED, 2020. ALL RIGHTS RESERVED