Terms & Conditions
Posted as of 16th October 2024, Last updated as of 16th October 2024
RHUJ™ Management Services (OPC) Private Limited, having its registered office in Bangalore, Karnataka, India is the creator, owner, and publisher of the website under the name and style of Techno Evangelist (hereinafter referred to as the “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, or updated (temporarily or permanently) at the discretion of the Company.
These Terms of Use (“Terms”), including the various policies incorporated by reference in these Terms, govern your access to and use of this website and the underlying services provided by us through the website. This includes our Learning Management System (LMS) services, notifications (email, SMS), APIs, and other covered services that may link to these Terms (collectively, the “Services”), as well as any information, content, courses, tutorials, text, graphics, videos, or other materials uploaded, downloaded, or appearing as part of the Services (collectively referred to as “Content”).
Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, establishing a contractual relationship between you and the Company. When you use any of the Services provided by us through the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to that Service, which are incorporated into and applied in addition to these Terms.
If you register for or access any digital goods or services, such as online courses, assessments, or certifications through our LMS, you agree to be bound by the policies governing those transactions.
Please read the Terms and Conditions set out herein carefully and in their entirety. Additionally, please review the Privacy Policy (which may be set out separately on the Online Platform). For more information about how we collect, use, and protect your personal data, please review our Privacy Policy. Together, the Terms and Conditions and Privacy Policy are collectively referred to as the “Terms.”
If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between Techno Evangelist and you regarding your use of the Online Platform.
If you have any questions regarding our LMS or other services, you can email us at ravi@technoevangelist.in.
This document is an electronic record in terms of the Information Technology Act, 2000 and related rules. It 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, which mandate publishing the rules, regulations, privacy policy, and terms of use for access or usage of this website (“Platform”).
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without prior written notice to you. It is your responsibility to review these Terms periodically for any updates or changes. Your continued use of the website following the posting of changes will signify your acceptance and agreement to the revisions. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Services.
In the event that a special feature or service with its own terms and conditions is offered through the Online Platform, those terms shall apply in addition to these Terms. In case of any conflict between the terms and conditions of such special feature and these Terms, the terms specific to the special feature shall prevail.
IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:
- “Buyer”, shall mean a User who has agreed to become a buyer by using the Services to place an order for Samples or Products;
- “Products” shall mean products listed on the website by Brand Owners as a part of the Services, for purchase by Buyers;“
- Samples” shall mean products listed on the website by Brand Owners as a part of the Products, to represent then actual product;
- “Brand Owners” shall mean a user who has executed a [Terms of Trade] with us for the listing of products produced by them on the website, to be offered for sale or made available for purchase or for delivery and who has agreed to register on the website as a seller for this purpose;
- “We”, “we”, “Us”, “us” or “Techno Evangelist”, shall RHUJ Management Services (OPC) Private Limited, its affiliates, permitted assigns and partners, and the terms “Our” and “our” shall be construed accordingly; and
- “You”, “you”, “User” or “user”, shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the website, or using the website or the Services offered through the website, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number and email while registering on the website (“Registration Data”), and the terms “Your” and “your” shall be construed accordingly.
APPLICABILITY OF TERMS:
- By accessing and/or using all or a portion of the Services, You acknowledge and agree that:
- You have read and understood the Terms;
- The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
- Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;
- Written approval is not a prerequisite to the validity or enforceability of the Terms.
- The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:
- The Indian Contract Act, 1872;
- The (Indian) Information Technology Act, 2000;
- Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009;
- Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules 2009;
- The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”);
- The orders, rules, regulations, guidelines, notifications and clarifications issued by any legislative, regulatory or governmental authority at central, state or local level.
- If you are a user from the European Union (EU), our processing of your personal data will comply with the General Data Protection Regulation (GDPR) as outlined in our Privacy Policy.
MODIFICATION OF TERMS
- The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time.
- We will notify you of any significant changes to the Terms via email or by posting a notice on the platform. Continued use of the platform after such notification constitutes acceptance of the updated Terms.
- If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
- These Terms allows the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services.
CONDITIONS OF USE
- You must be 18 years of age or older to access or avail the Services in any manner. By signing in to the Online Platform, accessing and/or using all or any part of the Services, you represent and warrant to the Company that you are 18 years of age or older, and that you have the legal right, authority and capacity to use all or part of the Services available through the Platform, and agree to and abide by the Terms.
- Whilst the Services are not intended to be used by minors, the Company respects and recognizes the privacy of minors who may inadvertently use our Platform. It is strongly recommended that parents and guardians use parental control tools to help protect minors from any offences, harm or breach of privacy and supervise the use of the Platform by minors.
- If you are using the Platform and/ or our services, on and behalf of a company/ corporation/ business entity, You represents and warrant that the Use of our Services/ Platform and the consummation of the transactions in our Platform have been duly authorized by all necessary action of the respective entity and that the person using our Platform on its behalf has the full capacity to bind that entity.
- You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from security breaches, including but not limited to hacking, phishing, and other malicious activities.
- To enhance your security, we recommend the following practices:
- Use Strong Passwords: Create complex passwords that include a mix of letters, numbers, and symbols, and avoid using easily guessed information.
- Enable Multi-Factor Authentication (MFA): MFA is available on the site to add an extra layer of security to your account. We strongly encourage you to enable this feature to protect against unauthorized access.
- Be Cautious of Phishing Attempts: Always verify the authenticity of any communication you receive, especially if it requests sensitive information. Do not click on suspicious links or provide personal information to unverified sources.
- You represent and warrant that you will not breach the security of the Platform or its Software, or attempt to gain unauthorized access to, or interfere with, any other person’s use of the Services.
- For the purpose of the Terms, “Software” means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (iii) and accessible by you as part of the Services, and (iv) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user-visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing.
TERMINATION CLAUSE
We reserve the right to terminate your account immediately and without prior notice for violations of these Terms. This includes, but is not limited to, fraudulent activities, repeated violations of the Acceptable Use Policy, and failure to comply with payment obligations. Users may terminate their accounts by notifying us in writing at ravi@technoevangelist.in. Termination will be effective upon our confirmation of the request.
REGISTRATION
- To fully avail the Services of the Website, registration is required. You are required to create a profile for yourself by providing the following information which inter alia includes names, address, payment details, Contact No. and mail Id. Users who register with us can purchase the listed Products and avail the Services of the Website. The Website offers the Users an option of signing up through other third-party social networking sites, including but not limited to Gmail, etc. Upon such signup, our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name and gender, and all such information is stored in Our system. Users who do not want to register with Us can check out as a guest and purchase the Products.
- Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
- By using this Website and providing your contact information to us through the Website, you hereby agree and consent to receiving calls, autodialled and/or pre-recorded message calls, e-mails and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls / email messages / text messages, you may send an e-mail to the effect tov [email]. You agree and acknowledge that it may take up to seven (7) business days for us to give effect to such a request by the you.
LIMITED USE
- The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that Techno Evangelist name is stated as the source and prior written permission of Techno Evangelist is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.
- Throughout these Terms, “Techno Evangelist’s prior written consent” refers to a communication issued by the legal department of RHUJ, the company operating under the brand name Techno Evangelist. Such consent will be provided specifically in response to your request and will explicitly address the activity or conduct for which you seek authorization. For any legal queries or issues, you may contact our legal department directly at ravi@technoevangelist.in. Any concerns regarding the Terms, or legal matters related to the Platform, should be addressed through this channel to ensure a prompt and appropriate response.
DELIVERY
- For digital products and services, delivery pertains to the provision of access credentials or digital content via our Online Platform. Access to the digital product will be provided to you at the email address or through the account details you provided at the time of purchase. Ensure that you enter accurate billing and contact information to avoid delays. We are not liable for issues arising from incorrect or outdated information.
- Upon completion of your purchase, access details or download links for digital products will be sent to you via email or other electronic means specified at checkout. The estimated time for granting access will be displayed on the Platform at checkout or communicated via email post-purchase. Access times are subject to factors such as system availability, technical issues, and other unforeseen circumstances.
- If you experience any issues with accessing your digital product or service, please contact us via email at ravi@technoevangelist.in. We will make best efforts to resolve any access issues promptly. If there is a significant delay or problem that prevents you from accessing the digital product, we will notify you via email or other electronic communication channels.
PAYMENT
- CHARGES: The use of this Website, including browsing the Website is free of cost. The Customers are only required to pay for the Products which they wish to purchase from the Website. All prices listed on the website are in Indian Rupees/US Dollars.
- For international orders, the bank that has issued your credit/debit card determines the exact exchange rate that you will be charged. Please note we cannot be held responsible for any discrepancies caused by exchange rate fluctuations. In order to determine an estimated exchange rate for your currency, we recommend using an online currency converter. We reserve the right to amend the fee policy and charge Users for the use of the Website and for availing its Services.
- After you have added products to the shopping cart, and proceed to the checkout section, you will be asked for your contact information, as well as payment related information. To process such financial transactions, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these terms and the ESP’s terms and conditions, these terms shall prevail.
- To place a valid order on the Website, the you are required to complete the transaction, including making payment for the Product opted for. Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the your bank or credit card. It is at this stage that your order is successfully placed. Thereafter, the Products purchased by you will be activated based on successful completion of verification of information furnished by you. You are hereby expressly made aware that your card statements will reflect that a payment has been made in favour of us. By placing an order on the site, the you expressly agree to the terms and conditions and payment policy published in the appropriate section of that website, or affiliated websites where reference to such affiliated websites has been specifically made
- While availing any of the payment method/s available through the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by You and between ”Bank(s)”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
- By engaging in transactions through our Platform, you acknowledge that you are responsible for any applicable currency conversion fees, transaction fees, and local taxes that may apply to your purchases. We reserve the right to cancel any transaction that we believe violates this Agreement or applicable laws.
REFUND AND CANCELLATION POLICY FOR DIGITAL GOODS
All purchases of digital goods are final and non-refundable. However, in cases where technical issues prevent access to purchased digital goods, users may request a refund within 7 days of the purchase date. Refund requests will be reviewed and evaluated based on the nature of the technical issue preventing access. A decision on your refund request will be communicated within 7 business days.
YOUR OBLIGATIONS
- You agree and undertake that you are accessing the Website and using our Services at your own risk. You are responsible for exercising prudent judgment before purchasing any digital product or accessing any information displayed on the Website.
- You agree that you are solely responsible for any breach of your obligations under these Terms of Use and for any consequences, including any loss or damage, which we or our affiliates may suffer as a result of such breach.
- You acknowledge that we are not the creator or manufacturer of the digital products or content provided on the Website. We are solely facilitating access to these digital goods and services by providing the necessary platform and support.
- You agree that we may, at any time, modify or discontinue all or part of the Website or our Services, change, modify, or waive fees required to use the Website, or offer opportunities to some or all users of the Website.
- You agree to provide accurate and valid payment details when making purchases on the Website. You must use payment methods that are lawfully owned by you and not engage in transactions using credit or debit cards that do not belong to you.
- You agree to use the Website and the digital products or services provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable laws, regulations, or generally accepted practices and guidelines in your jurisdiction.
- For digital products that require verification, you agree to provide valid proof of identity and any required identification number as specified.
- You understand that all digital products and services provided via the Website are delivered electronically, and the risk of loss and title for these items pass to you upon successful delivery to the email or account specified during purchase.
- Users agree not to post, transmit, or share any content that is illegal, harmful, defamatory, infringing on third-party rights, or otherwise violates any applicable laws. This includes content that is obscene, threatening, abusive, harassing, or invasive of privacy.
- You are responsible for safeguarding the confidentiality of your login credentials. In the event of a suspected data breach affecting your account, you are required to notify us immediately at ravi@technoevangelist.in. We will take prompt action to mitigate any potential risks. While we will take steps to assist you in securing your account, you will remain liable for all actions taken through your account until we receive your notification.
- Unauthorized access to the Platform or interference with its operation, including attempts to bypass security measures, exploit system vulnerabilities, or disrupt services, is strictly prohibited. Users must use the Platform in a lawful manner and ensure their actions do not harm or disrupt other users’ experience or the Platform’s functionality.
- We use cookies and similar tracking technologies to enhance user experience, analyze usage patterns, and improve our Services. By using our platform, you consent to the use of cookies as outlined in our Privacy Policy.
REVIEWS, FEEDBACK AND DATA RETENTION
- You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions, or reviews on the Platform regarding the digital products or services you have purchased. Your decision to submit such content is entirely at your discretion.
- You are solely responsible for the information and content you choose to submit to the Company on the Platform, including but not limited to feedback, ratings, suggestions, comments, opinions, or reviews regarding purchased digital products. You agree not to post or publish any content on the Online Platform that:
- Infringes on any Company or third-party intellectual property or privacy rights.
- Violates applicable laws or regulations, including but not limited to those under the Information Technology Act, 2000.
- Constitutes defamation.
- The Company may, at its sole discretion, use, analyze, and/or publish your reviews, ratings, opinions, comments, and feedback in accordance with these Terms. You agree to be contacted by the Company via telephone or electronic communication for purposes including obtaining feedback on purchased products, resolving disputes or complaints, and requesting additional information. The information or content you provide may be used by the Company for business purposes, including market research, consumer behavior analysis, data analytics, and tracking market trends on an anonymized basis.
- The Company acts as an intermediary with respect to the publishing of any information and content on the Platform and disclaims all responsibility and liability related to the publication of your information and content. The Company is not liable for any compensation for republishing or repeatedly publishing any information or content provided by you on the Platform.
- The Company may retain the information and content you provide on the Platform for as long as necessary, depending on the type of information, its purpose, usage methods, and according to the Sensitive Personal Information Rules.
- We are not obligated to monitor the materials posted on the Website. However, we reserve the right to remove or edit any content that, in our sole discretion, violates or appears to violate any applicable law or the spirit or letter of these Terms of Use. Despite this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. We shall not assume any responsibility or liability for any content posted or for any claims, damages, or losses resulting from the use or appearance of content on the Website. You represent and warrant that you have all necessary rights to the content you provide and that such content does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
INTELLECTUAL PROPERTY RIGHTS
- The Services, including but not limited to any feedback, ratings, suggestions, comments, or reviews related to the digital products or use of the Services provided by the Company, as well as software, market data, research and analyses, consumer insights, methodologies, anonymized consumer profiling data, know-how, packaging, appearance, style, designs, trade secrets, and related Intellectual Property rights worldwide (collectively, “Company Intellectual Property”), are protected by Indian copyright laws and other intellectual property laws. The Company holds exclusive ownership of all such Intellectual Property and any modifications or derivative works thereof, whether developed solely by the Company or with the input of another party. Unauthorized use or reproduction of the Company Intellectual Property is prohibited without express written permission from the Company.
- The Company reserves all rights in the Company Intellectual Property. You agree that you will not:
- Alter, modify, adapt, reverse engineer, decompile, disassemble, or hack the software or create derivative works from the Company Intellectual Property;
- License, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Intellectual Property to any third party;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code for the Company Intellectual Property;
- Remove or alter any copyright, trademark, or other notices included in the Company Intellectual Property.
- Your use of the Platform and the Services does not grant you the authority to resell or commercially use the Platform, the Services, or any content from Techno Evangelist, including product listings, descriptions, packaging (e.g., size, design, color, pattern), prices, images, texts, page layout, and illustrations, for the benefit of another merchant. This includes but is not limited to data mining, robot applications, or data gathering and extraction tools. No part of the Services, Platform, or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any digital platform, computer, server, application, website, or other medium for publication or distribution, or for any commercial enterprise, without the express prior written consent of Techno Evangelist.
LIMITATION OF LIABILITY
Please read this section carefully as it limits the liability of Techno Evangelist and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the Techno Evangelist]”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- We disclaim liability for any actions, omissions, or errors caused by third-party service providers involved in payment processing, hosting, or other services provided through our Platform. These services are outside our direct control, and we do not assume responsibility for any disruptions, errors, or failures arising from their use. We disclaim liability for any actions, omissions, or errors caused by third-party service providers involved in payment processing, hosting, or other services provided through our platform. This includes but is not limited to payment gateways, cloud hosting, or other integrated services that are essential to the operation of the Platform.
- Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Techno Evangelist DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Without prejudice to the foregoing, the Techno Evangelist make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Techno Evangelist or through the Services, will create any warranty or representation not expressly made herein.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TECHNO EVANGELIST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TECHNO EVANGELIST EXCEED THE AMOUNT YOU PAID TECHNO EVANGELIST FOR THE PRODUCTS GIVING RISE TO THE CLAIM.
- THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TECHNO EVANGELIST HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- To the extent permitted by law, our liability to international users for any claim arising out of or in connection with this Agreement shall be limited to the amount paid by the user for the Services in question. We are not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, revenue, or data.
- Nothing on the App constitutes, or is meant to constitute, advice of any kind. All the Products sold through the Platform are governed by different state laws and if the Brand Owner or Techno Evangelist is unable to deliver such Products due to implications of different state laws, the Brand Owner will return or will give credit for the amount (if any) received in advance by Brand Owner from the sale of such Product that could not be delivered to you.
INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms, including but not limited to obligations stated therein relating to representation, warranty, intellectual property, access by minors, any applicable rule, regulation or law, your access or use of the Services and the Platform.
FORCE MAJEURE
The Company will not be responsible for a breach of the Terms, damages, losses, costs or expenses, caused by any failure or delay of performance of Services and disruption to the Platform if such failure or delay is caused by an act of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act of God, pandemics, lockdowns, Labour stoppages, an electrical, internet, cellular network or telecommunication failure or power outage, government restrictions, political strikes or any major cybersecurity incidents, prolonged server outages, cloud provider disruptions, or technical failures shall be considered Force Majeure events.. These events shall exempt the Company from liability for non-performance or delays in the provision of services. The Company will not be held responsible for any failure to perform its obligations under these Terms due to circumstances beyond its control.
INVALIDITY
If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
SEVERABILITY
In the event any provision of the Terms become void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.
GOVERNING LAW AND JURISDICTION
- You must be 18 years of age or older to access or avail the Services in any manner. By signing in to the Online Platform, accessing, and/or using all or any part of the Services, you represent and warrant to the Company that you are 18 years of age or older, and that you have the legal right, authority, and capacity to use all or part of the Services available through the Platform, and agree to and abide by the Terms. The Platform is not intended for use by minors. If you are a minor under the age of 18, you may only use the Platform with the consent and supervision of a parent or legal guardian. In such cases, the parent or legal guardian assumes full responsibility for any use of the Services by the minor and agrees to ensure compliance with these Terms. The Company encourages parents and guardians to monitor their children’s online activities and to use parental control tools to restrict access to unsuitable content.
- In the event of any dispute arising out of or in connection with these Terms (“Dispute”), the Parties shall first attempt to resolve the Dispute amicably through discussions or send an email to ravi@technoevangelist.in to seek resolution. We are committed to resolving most concerns quickly and to the user’s satisfaction. If the Dispute is not resolved within fifteen (15) days of the commencement of such discussions, or within any mutually agreed extended period, either Party may refer the Dispute to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (India), or any statutory amendment, re-enactment, or replacement thereof. The arbitration shall be conducted by a sole arbitrator, appointed by mutual consent of the Parties. The seat and venue of arbitration shall be Bangalore, Karnataka, India, and the proceedings shall be conducted in English.
- The arbitration award shall be final and binding on the Parties, and judgment on the award may be entered in any court having jurisdiction over the matter for enforcement. The Parties agree to implement the arbitration award in good faith.No Party shall initiate or maintain a suit or legal proceeding regarding a Dispute (other than for preventive or interlocutory relief pending arbitration) until the Dispute has been resolved through the arbitration process outlined herein. Once a Dispute is under arbitration, the Parties shall continue to exercise their remaining rights and fulfill their remaining obligations under these Terms, except for the matters under dispute.
GENERAL
- The Company’s failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
- The Terms contain the entire agreement between the you and the Company and supersedes all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.
- You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you.
- We are committed to ensuring that our platform is accessible to individuals with disabilities. If you experience any difficulties accessing the content or Services, please contact us at ravi@technoevangelist.in, and we will do our best to provide the necessary accommodations.
- Confidential Information refers to any non-public information disclosed by either party during the use of the Services. Both parties agree to safeguard and protect such information from unauthorized use or disclosure.