Terms and Conditions

Terms and Conditions of Use

Welcome to the website of (“Service”) of Unimap Edu Solutins Private Limited, (Unimap Study Abroad) and our affiliated companies (“Unimap”, “we,” “us,” “our”).

The following terms and conditions, along with all other terms and legal notices located on www.unimap.in (collectively, “Terms”), govern Your use of www.unimap.in (the “Website”). The Website is owned and operated by Unimap Edu Solutions Private Limited (hereinafter referred to as “Company”).

These Terms of Use (“Terms”) constitute a legally binding agreement (“Agreement”) between the user who visits the Website in connection with use of our services, or whose information Company otherwise receives in connection with the services provided through its education business (“You”) and the Company governing Your access to and use of the Platform, including any subdomains thereof, and any other websites through which the Website makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”). The Application and Site are collectively termed as “Platform”.

In order to use the Service, you’ll need to read and accept the following Terms and Conditions of Use Agreement (“Agreement”). By clicking the “Accept” button, you agree to be bound by this Agreement. If you do not agree to the terms and conditions in the Agreement, then unfortunately, you may not use the Service.

These Terms are binding upon You and Your heirs, representatives, successors and assigns, as may be applicable. The headings of the several articles and subdivisions of these Terms are inserted solely for the convenience of reference and shall have no further meaning, force or effect.

What’s covered by the Agreement

These terms and conditions (“Terms”) are in addition to and do not replace or change any other agreements between you and Unimap. When using the Service to access account information in connection with your third-party accounts (“Third Party Accounts”) at third-party sites (“Third Party Sites”), you will be subject to the terms and conditions of those Third-Party Sites. You acknowledge that neither we nor our Service Provider (“Service Provider”) are responsible for third party terms of service and neither do we nor our Service Provider control those Third-Party sites or any products and services available through them. If you have any problems with your Third-Party Accounts or Third-Party Sites, you should contact the third-party financial institutions directly.

The Terms

These Terms, which cover your use of the Service, are an agreement between you and Unimap. From time to time, we may make changes to the terms of this Agreement. Such changes are effective immediately when we post them on this website (the “Site”) and your continued use of the Service, following the posting, means that you agree to the changes. We also reserve the right, at our discretion, to discontinue offering the Service.

Important Benefits and Limitations of the Service

Permissible Users

In order to use the Service, you must be at least 18 years old and reside in the India. You represent and warrant that you have the right, authority and capacity to enter into these Terms and that you meet all eligibility requirements.

If you are resident of European Union the minimum age for the purposes shall be 16, however if local laws require that You must be older in order for the Platform to lawfully provide the services in the Platform to you then that older age shall apply as the applicable minimum age.

By accessing or using the Platform You represent and warrant that You fulfill the requirements of minimum age and have the legal capacity and authority to enter into a contract as per the applicable laws.

Registration

On registration You agree to:

Make Your contact details available to partners/business associates of the Platform, You may be contacted by Platform or its partners for additional information and registration process through email, telephone and SMS.

Receive promotional mails/special offers from Platform or any of its partner websites/applications. If You do not wish to be contacted by Platform, please modify the settings at the time of registration or in the “Accounts & Settings” section on the Platform.

Be contacted by Unimap Edu Solutions Private Limited in accordance with the settings set by You.

Purpose

The Platform is made available for use to help students get details, discover & research on colleges, courses and exams of their interest and for allied services related thereto. Platform also helps connect colleges/educational institutes/coaching centres etc. with prospective students who may be of interest to them. Study Abroad section of Platform also assists students in completing and submitting their applications to universities abroad. (“Purpose”).

Use of the Platform

1. The Platform and the services and products offered via the Platform are meant for only for legitimate and lawful uses which fall within the scope of the Purpose and are meant only for Your exclusive use. The Company has the sole and absolute right to determine whether a specific type of action or use falls within the scope of the Purpose or not.
   
2. The following actions will inter alia constitute a misuse of the Platform and are strictly prohibited:
   
   a. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, photographs and/or graphics, available on the Platform and/or any services or products of the Company, in any manner or for any purpose which is not, consistent with the Purpose and/or in accordance with these Terms. You are expressly prohibited from using or exploiting the Platform and/or any content or data provided therein for: (a) any commercial purposes without prior written consent of the Company; and/or (b) undertaking any business activity which is in competition with the business of the Company;
   
   b. Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content from the Platform.
   
   c. Modifying Platform services or their appearance using any technology or overlay any additional offering on top of Platform services or simulate Platform services or its functions in any manner whatsoever without explicit consent from the Company.
   
   d. Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of the Platform or any of the services or products offered on or through the Platform which are not intended for You; (b) any server, Platform, program or computer systems of the Company or any other third parties and/or Users.
   
   e. Accessing the Platform through interfaces other than those expressly provided by Company.
   
   f. Attempting to breach or breaching any security or authentication measures set up by the Company in relation to the Platform and/or attempting to probe, scan or test the vulnerability of the Company’s system or network;
   
   g. Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from the Platform (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the Company;
   
   h. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
   
   i. Circumventing or attempting to circumvent any technological protections used or employed by the Company or by any third party in order to protect the content on the Platform and/or to exclude robots, spiders etc. from crawling and /or scraping content from the Platform.
   
   J. Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Platform or any computer networks connected to the Platform, by any other User;
   
   k. Impersonating any other person or entity, or making any misrepresentation as to Your employment by or affiliation with any person or entity;
   
   l. Forging headers or in any manner manipulating identifiers in order to disguise the origin
   of any user information;
   
   m. Stalking, threatening, or in any manner harassing any other User;
   
   n. Imposing an unreasonable or disproportionately large load on the Platform infrastructure;
   
   o. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform (or any part thereof) and providing deeplinks into this Platform (or any part thereof) without prior permission of Company;
   
   p. Spamming the Platform/Company or any other Users including by uploading, posting, emailing, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
   
   q. Using the Ask and Answer section not in conformity with these Terms and the Community Guidelines available at https://www.unimap.in/_
   
   r. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
   
   i. Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;
   
   ii. Belongs to another person and to which You have no right;
   
   iii. Infringes, breaches or otherwise contravenes the rights of the Company or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
   
   iv. Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of the Platform, or any other computer system or resource;
   
   v. Is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
   
   vi. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
   
   vii. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   
   viii. That harms minors in any way;
   
   ix. That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
   
   
   

Benefits of the Service

The Service uses innovative intelligence and data aggregation technology to allow you to retrieve and view Third-Party Account information from various Third-Party Sites. The Service is brought to you by Unimap, under a service agreement with our Service Provider. Unimap and the Service Provider are separate, independent businesses. Through this Service, Unimap does not store or have access to your Third-Party account credentials, which are stored and managed by our
Service Provider.

Limitations of the Service.

You understand and agree that information created by the Service is provided for informational purposes and is not intended to be a brokerage or other official financial statement. You further agree that due to the nature of the Internet, we cannot always foresee or anticipate technical or other difficulties that might arise regarding the Service. These difficulties may result in loss of data, lost personalization settings or other Service interruptions. Unimap and the Service provider do not assume responsibility for any errors, delays, damages or costs of any type arising out of your use of the Service, including the timeliness, deletion, loss, mis-delivery or failure to store any of your data, communications or personalization settings.

Restrictions Regarding Materials

All information, documents, software, images, photographs, text, services and other similar materials (collectively, “Materials”) contained in this Platform if provided by Company or its third party authors, developers and vendors (“Third Party Providers”) and are capable of being so protected are the copyrighted work of Company and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Company or the Third Party Provider. No part of the Platform, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Company. You also may not, without Unimap’s prior express written permission, “mirror” any Materials contained on this Platform on any other server.

Nothing on this Platform shall be construed as conferring any license under any of Unimap’s or any Third Party Provider’s intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download Unimap’s Materials on this Platform provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if You breach any of these Terms. Upon termination, You will
immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Platform may violate copyright laws, trademark laws, and other related laws and may have various legal consequences.

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Company. The Platform does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Company. Company is committed to respecting others’ intellectual property rights, and we ask our users to do the same. Company (hereinafter referred to as “We”) may, in its sole discretion, terminate or restrict the access rights of users who infringe or otherwise violate others’ intellectual property rights.

Limitations on Third-Party Account Information.

Balances of Third-Party Accounts reflect the most recent refresh by the Service Provider and may not be accurate or timely if a refresh was not successfully completed or the information obtained during the refresh from the Third-Party Account is otherwise not accurate or current. You acknowledge that such information may be more up-to-date if you were to log on to your Third Party Account(s) directly.

You acknowledge and agree that we have undertaken no independent investigation to verify the valuations, accuracy or completeness of such Third-Party Account information and that any analysis, review or guidance offered by Unimap creates no duty or other responsibility for Unimap to advise you to take any action or inaction regarding your positions, individual investments, investment strategies or asset allocations at other financial institutions.

Disclaimer for websites that we link to

We use our best endeavours to ensure that:

• the websites/apps we select for inclusion in the Platform work, and continue to work properly;
• their content remains acceptable and useful; and
• their operation will not be injurious to our users’ devices.

We explicitly disclaim, and will not accept any responsibility for any of the following in respect of
the sites that we link to:

• Infection by computer viruses
• Damage caused by downloaded software
• Technical problems, failures and speed of operation
• Libelous or illegal material
• The quality or truth of any material, or advice that is offered

Additional User Responsibilities

Providing Accurate Information.

You agree to provide true, accurate, current and complete information about yourself and your Third-Party Accounts and you agree to not misrepresent your identity or your account information. You further agree to keep your registration and Third-Party Account information up to date and accurate.

Privacy and Security

At Unimap, we work hard to protect your privacy and maintain the security of your personal information. The online privacy statement governing this Service is available for your review on this Site. You acknowledge and agree that you have read our online privacy statement before accepting these Terms.

Guard Your Password.

You are responsible for maintaining the confidentiality of your password, user name or other means that give you access to the Service (“Password”) and therefore you agree not to give your Password to any unauthorized individuals. Neither we nor our Service Provider will be liable for any loss that you may incur as a result of someone else using your Password, either with or without your knowledge or consent. If you believe that your Password has been lost or stolen or that someone has used or may attempt to use the Service without your consent, you agree to notify us immediately by writing to support@Unimap.in

Obey the Law.

You are only permitted to use the Service and its content as expressly authorized by these Terms. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (meaning untrue or damaging to others), invasive of another’s privacy, abusive threatening, obscene or that infringes the rights of others.

Proprietary Rights.

You acknowledge and agree that we, our affiliates and our Service Provider own all rights to this Service and the content displayed on the Site and any intellectual property and/or technology (in any form) made available to you as part of the Service. You are permitted to use content delivered to you through the Service only on the Site. You may not copy, reproduce, distribute or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the Service.

No Endorsements.

All product and service marks on or associated with the Service that are not our marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hyperlinks to Third-Party Sites or information do not constitute or imply our or our Service Provider’s endorsement, sponsorship or recommendation of the third-party information, product or service.

Errors and Questions.

In case of errors or questions about your use of the Service, you should write to
unimapstudyabroad@gmail.com

Rights That You Grant to Use

Content You Provide and is Derived by Use of the Service.

You are licensing to us and our Service Provider any information, data, passwords, user names, materials or other data which you provide through or to the Service (“Content”). We and our Service Provider may use, modify, display, distribute and create new material using such Content to provide the Service to you. We and our Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate non-personally identifiable information that is derived through your use of the Service. By submitting Content or using the Service, you automatically agree or promise that the owner of such Content has expressly agreed that, without any particular time limit and without the payment of fees, we and our Service Provider may use the Content for the purposes that we have described and outlined for you in this Agreement.

Access to Your Records.

In order to ensure that you receive high quality Service that is responsive to your needs, you agree that our employees, financial professionals, Third-Party service providers, consultants, auditors, attorneys and other agents and representatives may have access to your use, activity and other information related to the Service as reasonably needed to investigate complaints, comply with applicable laws, administer our business and to generally support your use of the Service.

Third-Party Accounts.

By using the Service, you authorize us and our Service Provider to access Third-Party Sites and Third-Party Account information, designated by you, on your behalf, and to retrieve and register such information and accounts, as requested by you. For all of these purposes, you grant us and our Service Provider a limited power of attorney and you appoint us and our Service Provider as your true and lawful attorney-in-fact and agent, with the full power of substitution and resubstituting, for you and in your name, place and stead, in any and all capacities, to access Third Party Sites, servers or documents, retrieve information and use your information all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN UNIMAP OR OUR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, UNIMAP AND OUR SERVICE PROVIDER ARE ACTING AS YOUR AGENT AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that Third-Party Account providers shall be entitled to rely on the forgoing authorization, agency and power of attorney granted by you. You further understand and agree that the Service is neither endorsed nor sponsored by any Third-Party Account providers.

Just a Few More Important Legal Matters

Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD-PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILALABLE” BASIS. UNIMAP AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD-PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANATBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. UNIMAP AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIMAP OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Your responsibility; damage limits.

YOU HAVE SOLE RESPONSIBILITY FOR USE OF THE PRODUCTS/SERVICES YOU PURCHASE THROUGH THIS PLATFORM. IN NO EVENT SHALL UNIMAP.IN BE LIABLE TO YOU IN RELATION TO THE PRODUCTS/SERVICES, OR YOUR USE, MISUSE OR INABILITY TO USE THE PRODUCTS, FOR ANY (1) INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE); OR (2) DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU PAID THE COMPANY FOR THE APPLICABLE PRODUCT/SERVICE.

Limitation of Liability.

YOU AGREE THAT NEITHER UNIMAP OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF UNIMAP OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification.

You agree to protect and fully compensate us and our Service Provider and our and their affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fee) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

Retention and Availability.

Information created, acquired or collected about you through the Service (“Information”) may be retained by us or our Service Provider for periods of time and in a form as determined by us or required or permitted by applicable law, rule or regulation. Such Information may be made available under applicable law to government and self-regulatory agencies and may be disclosed to third parties, legal, regulatory or self-regulatory authorities when we reasonably believe that such action is necessary to conform with legal requirements, comply with legal processes or protect or defend the rights, property, legal, personal or financial interests of us, our Service Provider or others.

Disposition after Termination.

Upon termination of the Service, we may purge any or all records of any or all Information, including Third-Party Account Information, archived reports and other information, as we may deem appropriate in our sole discretion. Information previously retained and available to you through the Service may no longer be available.

Waiver and Severability.

We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement is determined to be unenforceable, the validity or enforceability of any other provision of this Agreement shall not be affected.

Amendment to these Terms

COMPANY RESERVES ITS RIGHT TO AMEND / ALTER OR CHANGE ALL OR ANY DISCLAIMERS OR TERM(S) OR CONDITION(S) OF AGREEMENTS AT ANY TIME WITHOUT ANY PRIOR NOTICE.

Businesses, environment and technology evolve and in order to accommodate the changing nature of the environment in which we operate as well to provide for any additional features that may be introduced in future, these Terms may need modifications or additions. Such modifications or additions shall be effective immediately upon posting of the modified Terms of Use on the Site.

You are advised to review the modified Terms of Use periodically to be aware of such modifications or additions and your continued access or use of the Site, shall be deemed conclusive proof of your acceptance of these Terms of Use, as amended/modified from time to time

Dispute Settlement

If any dispute arises between a user/users and Company arising out of use of the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Coimbatore, Tamil Nadu, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.

The Company will not be party to any legal proceedings between a User (e.g. a subscriber) and a party contacted through the site. In case Company is made a party in any legal proceedings, costs will be recovered from the party on whose behest the Company is involved in the matter, to which it otherwise has no control. Company however will abide with any court order served on it through due process.

Local Laws

You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries, while consuming the information and the services as available through the Platform.

Governing Law

The laws of the Union of India shall apply to this Agreement without giving effect to its conflicts of law provisions or your actual state of residence. The exclusive forum for any disputes arising out of relating to these Terms shall be a court of law located in Coimbatore, Tamil Nadu, India.

You agree that Service Provider is a third-party beneficiary of the above provisions with all rights to enforce such provisions as if Service Provider were a party to this Agreement.

Entire Agreement

These terms of use as amended from time to time constitute the entire agreement between You and company regarding the Platform. These Terms supersede all terms and conditions contained in any purchase order, order acknowledgment form, invoice or other business form submitted by You.

No advertisements, catalogues or other publications or statements, whether written or oral, regarding the performance of the Platform permitted under these Terms shall form part of these Terms.

Assignment and Delegation

You may not assign or delegate Your rights under these Terms or the limited license that has been extended to You, and any assignment and/or delegation of these Terms or any sub licensing by You will be null and void, if case any case of this nature is brought to our notice in addition to any other remedies that we may have under the law, we reserve our rights to claim damages and seek an injunction against You.

Availability of Services

Services are provided on a best efforts basis on an AS IS and AS AVAILABLE basis, all is on a best efforts basis, however, there are no server uptime guarantees.

Any regulations, guidelines, legislations or lawful orders of a court or a quasi-judicial body may require us to change alter or stop our services. Similarly, any force majeure events which are beyond our reasonable control, may cause an interruption in the services.

Data Protection Amendment

In line with General Data Protection Regulation, the below mentioned obligations are drafted which will be applicable on both the parties

1. Definitions

For the purposes of the clauses:

• “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC
  
• The “data exporter” shall mean the controller who transfers the personal data;
  
• The “data importer” shall mean the controller who agrees to receive from the data exporter personal data for further processing in accordance with the terms of these clauses and who is not subject to a third country’s system ensuring adequate protection;
  
• “Clauses” shall mean these contractual clauses, which are a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements
  
• “Data Protection Legislation” means the GDPR for as long as it is directly applicable in the European Union and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in India, and then any successor legislation.
  
• “Data Subject” means a data subject as defined by the Data Protection Legislation.
  
• “Personal Data” means personal data as defined by the Data Protection Legislation.
  
  Note: The terms “data exporter” and “data importers” are strictly for use within the context of this amendment which should be interpreted only as defined above, and do not carry the same meaning as defined under any other regulations.

2. Obligations of the data exporter

The data exporter warrants and undertakes that:

a. The personal data have been collected, processed and transferred in accordance with the laws applicable to the data exporter.

b. It has used reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.

c. It will provide the data importer, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is established.

3. Obligations of the data importer

The data importer warrants and undertakes that:

It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.

a. It will have in place procedures so that any third party it authorises to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorised or required by law or regulation to have access to the personal data.

b. It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the data exporter (which will pass such notification on to the authority where required) if it becomes aware of any such laws.

c. It will process the personal data for purposes described in the privacy policy and terms and conditions, and has the legal authority to give the warranties and fulfil the undertakings set out in these clauses.

d. It will identify to the data exporter a contact point within its organisation authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with the data exporter, the data subject and the authority concerning all such enquiries within a reasonable time.

e. It will not disclose or transfer the personal data to a third party data controller without ensuring that adequate and equivalent safeguards to the Personal Data.

4. Law applicable to the clauses

These clauses shall be governed by the law of the country in which the data exporter is established.

5. Resolution of disputes with data subjects or the authority

In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.

a. The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.

b. Each party shall abide by a decision of a competent court of the data exporter’s country of establishment or of the authority which is final and against which no further appeal is possible.

6. Termination

In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.

In the event that:

i. the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to paragraph (a);

ii. compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;

iii. the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;

iv. a final decision against which no further appeal is possible of a competent court of the data exporter’s country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or

v. a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses, in which case the authority shall be informed where required. In cases covered by (i), (ii), or (iv) above the data importer may also terminate these clauses.

a. Either party may terminate these clauses if (i) any Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC (or any superseding text) is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the data importer, or (ii) Directive 95/46/EC (or any superseding text) becomes directly applicable in such country.

b. The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause VI(c)) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.

7. Description of the Transfer

The details of the transfer and of the personal data are specified in Privacy policy and terms and conditions.

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