https://zodopt.com/ recognizes the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Policy describes how we treat user information we collect on https://zodopt.com/ and other offline sources. This Privacy Policy applies to current and former visitors to our website and to our online customers. By visiting and/or using our website, you agree to this Privacy Policy.
https://zodopt.com/ is a property of Zodopt Technology Solutions, an Indian Company registered under the Companies Act, 2013 having its registered office at #3, Sri Harsha Building, Sampige Road, 17th cross, Malleshwaram, Bangalore – 560003
Information we collect
Contact information. We might collect your name, email, mobile number, phone number, street, city, state, pincode, country and IP address.
Payment and billing information. We might collect your billing name, billing address and payment method when you buy a ticket. We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website. Credit card information will be obtained and processed by our online payment partner CC Avenue.
Information you post. We collect information you post in a public space on our website or on a third-party social media site belonging to https://zodopt.com/
Demographic information. We may collect demographic information about you, events you like, events you intend to participate in, tickets you buy, or any other information provided by your during the use of our website. We might collect this as a part of a survey also.
Other information. If you use our website, we may collect information about your IP address and the browser you’re using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.
We collect information in different ways.
We collect information directly from you. We collect information directly from you when you register for an event or buy tickets. We also collect information if you post a comment on our websites or ask us a question through phone or email.
We collect information from you passively. We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.
We get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.
Use of your personal information
We use information to contact you: We might use the information you provide to contact you for confirmation of a purchase on our website or for other promotional purposes.
We use information to respond to your requests or questions. We might use your information to confirm your registration for an event or contest.
We use information to improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.
We use information to look at site trends and customer interests. We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.
We use information for security purposes. We may use information to protect our company, our customers, or our websites.
We use information for marketing purposes. We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. Or, for example, if you buy tickets from us we’ll enroll you in our newsletter.
We use information to send you transactional communications. We might send you emails or SMS about your account or a ticket purchase.
We use information as otherwise permitted by law.
Sharing of information with third-parties
We will share information with third parties who perform services on our behalf. We share information with vendors who help us manage our online registration process or payment processors or transactional message processors. Some vendors may be located outside of India.
We will share information with the event organizers. We share your information with event organizers and other parties responsible for fulfilling the purchase obligation. The event organizers and other parties may use the information we give them as described in their privacy policies.
We will share information with our business partners. This includes a third party who provide or sponsor an event, or who operates a venue where we hold events. Our partners use the information we give them as described in their privacy policies.
We may share information if we think we have to in order to comply with the law or to protect ourselves. We will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.
We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.
We may share your information for reasons not described in this policy. We will tell you before we do this.
Email Opt-Out
You can opt out of receiving our marketing emails. To stop receiving our promotional emails, please email sales@ar-ms.in. It may take about ten days to process your request. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.
Third party sites
If you click on one of the links to third party websites, you may be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites.
Updates to this policy
This Privacy Policy was last updated on 04.02.2022. From time to time we may change our privacy practices. We will notify you of any material changes to this policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.
Jurisdiction
If you choose to visit the website, your visit and any dispute over privacy is subject to this Policy and the website’s terms of use. In addition to the foregoing, any disputes arising under this Policy shall be governed by the laws of India.
I hereby authorize and give consent to Zodopt Technology Solutions to send me, either through itself or through any third party service provider, from time to time various information/alerts/SMS/other messages or calls or commercial communication, and other services on the aforesaid listed telephone numbers, whether these numbers are registered with National Do Not Call Registry/ Listed in National Customer Preference Register or not. I also confirm that by sending any of such messages/calls, I will not hold ASBL its third party service provider liable/institute complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time. It will be auto renewed every month and if you want to stop this service please write an email to support@ar-ms.in before the due date and call our support number 080+91 8035694001 also the amount is debited from account it will not be refunded.
Caltag -Privacy Policy
BY CLICKING ON THE “I ACCEPT” CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE CUSTOMER TERMS (“CUSTOMER TERMS”).
PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL OF THESE CUSTOMER TERMS BEFORE YOU START USING THE APPLICATION, AS YOU WILL BE BOUND BY THESE CUSTOMER TERMS WHEN YOU CLICK “ACCEPT AND REGISTER”.
IF YOU DO NOT AGREE WITH ANY OF THESE CUSTOMER TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING AND USING THE APPLICATION AND THE SERVICES BEING PROVIDED UNDER THESE CUSTOMER TERMS. YOUR ACCEPTANCE OF THESE CUSTOMER TERMS WILL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND ARSCCOM RESOURCES AND MANAGEMENT SERVICES IN RESPECT OF YOUR USE OF THE APPLICATION, AND/OR SUBSCRIPTION OF AVAILABLE SERVICES.
These Customer Terms are between You, AND ARSCCOM (“Company”), each referred to individually as “Party” and collectively the “Parties”.
BACKGROUND
Company owns and operates the application CALTAG to or mentioned on this site and the Services provided under this application. The Mobile Application, inter alia contain a Loging functionality which enables users to subscribe to the services offered. The site provides the Loging Services.
These Customer Terms apply to Your access to, and use of, the application ( mobile phone or other electronic device), the Logging Services, other services and all information, recommendations and other products and services provided to You on or through the Application.
THE PARTIES AGREE AS FOLLOWS
1. DEFINITIONS AND INTERPRETATION
1.1. Unless the context requires otherwise, capitalized terms in these Customer Terms have the following meaning:
1.1.1. “Account” means the account created by You on the Application and/or Application for accessing the Services.
1.1.2. “Additional Fee” means any amount over and above the subscription services being provided and outside the scope of services entered into and not accounted for while making any subscription. These could include but not be limited to duty, taxes, levies or similar fees or charges that are not included in the subscription but are payable by the Subscriber to the Company in respect of the costs incurred by the Company or any third-party resource of the Company (including government agencies and regulatory authorities) under any Applicable Laws in CALTAGion with the Services.
1.1.3. “Affiliate” means, in relation to any entity, another company or entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with that entity. For purposes of this definition, “Control” means, with regard to any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or through the exercise of rights pursuant to agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of
the management or policies of the entity or company.
1.1.4. “Applicable Laws” means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
1.1.5. “Application” means such features of the “CALTAG” mobile application or other programs, software, mobile applications owned (or licensed to) by the Company, and other URLs as may be specified by the Company from time to time. The Application includes the electronic interface where the Subscriber account is accessible, the login credentials (user ID and password) for which will be provided by Company to the Subscriber.
1.1.6. “Area of Operation” means the area in which these Customer Terms are accepted by You, being the territory of India.
1.1.7. “Loging Confirmation” has the meaning set out in Clause 5.1.
1.1.8. “Loging Services” shall mean such services provided and available for subscription by the Company and being performed by the Company or its 3rd Party affiliates on the Site and/or Application and more fully described under Clauses 4.1 to 4.4 of these Customer Terms.
1.1.9. “Business Day” means any day excluding Sunday or public holiday in the Area of Operation.
1.1.10. “Card Details” has the meaning set out in Clause 6.4.
1.1.11. “Force Majeure” has the meaning set out in Clause 16.1.
1.1.12. “IP” has the meaning set out in Clause 16.1.
1.1.13. “Company” has the meaning given in the “Parties” section on the front page of these Customer Terms.
1.1.14. “Subscriber” has the meaning given in the “Parties” section on the front page of these Customer Terms.
1.1.15. “Payment Processor” has the meaning set out in Clause 6.1.
1.1.16. “Privacy Policy” means the privacy policy available on the Application, as amended by the Company from time to time.
1.1.17. “Registration Data” means Subscriber name, email address, telephone number and other information (including personal data) that is provided to the Company for registering on the Application and/or Application.
1.1.18. “Services” means the technology services the Company provides which facilitates various services primarily relating to transportation, accommodation and food and beverages and other products and services accessed through the Application or via the Application within the Area of Operation.
1.1.19. “You / Your” means you, the user and Subscriber of the Application and the Services.
2. INTERPRETATION
2.1 Unless the context requires otherwise, in these Customer Terms:
2.1.1 the singular includes the plural and vice versa;
2.1.2 the words ‘such as’, ‘for example’, ‘including’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation;
2.1.3 a reference to:
(a) a person includes an individual, partnership, joint venture, trust, corporation or any other entity or association whether or not it is incorporated or has a separate legal identity;
(b) a Party includes that Party’s executors, administrators, successors, and permitted substitutes and assigns, including any person taking by way of novation;
(c) “Rupee” is to the lawful currency of the Republic of India;
(d) anything (including a right, obligation or concept) includes each part of it;
2.1.4 in determining the time of day, the relevant time of day is the time in the Area of Operation;
2.1.5 if a period of time is calculated from a particular day, act or event (such as the giving of a notice), it is to be calculated exclusive of that day, or the day of that act or event; and
2.1.6 no rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Customer Terms or any part of them.
3. REGISTRATION AND USAGE
2.2 In order to use the Services, the Subscription Services and the Application, You must:
2.2.1 be competent to enter into a contract under Applicable Laws, and You must provide the Company with accurate, complete, current, valid and true Registration Data (“Eligibility Requirements”);
2.2.2 only open one Account using Your Registration Data, and not use the account of any other person;
2.2.3 only use the Application solely in accordance with these Customer Terms and all Applicable Laws, and not use the Application, Subscription Services or Services for any illegal or unlawful purposes;
2.2.4 only use the Application, Subscription Services and Services for Your sole, personal use, and not transfer, sell, sub-license or assign it to a third party;
2.2.5 not do or try to do anything to interfere with or harm the Application, the Subscription Services, the Services or the network of the Company or any of its Affiliates in any way whatsoever;
2.2.6 provide such information and documents which the Company may reasonably request from time to time, and promptly notify the Company of any change to any of Your Registration Data or other information provided to the Company; and
2.2.7 only use an authorised telephonic or internet network to access and use the Application. When using the Application, the Subscription Services and the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your Device provider and the same are Your responsibility.
2.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Application, that occurs through Your Account (whether initiated by You or any third party), except to
the extent caused or contributed by Company.
2.4 You must also notify the Company immediately if You cannot access Your Account, You know of or suspect any unauthorized access or use of Your Registration Data, login details or Account, or the security of Your Account has been compromised in any way.
2.5 The Company and/or any of its Third Party Service Providers may suspend access and Service subscriptions entered into if:
2.5.1 the Registration Data or any other information provided by You is false, or You cease to satisfy the Eligibility Requirements;
2.5.2 the security of Your Account has been compromised in any way; or
2.5.3 You have not complied with any of the requirements in this clause.
2.6 The Company and/or any of its Third Party Service Providers may block, suspend, alter or update the Application, the Loging Services and/or the Services at any time (including without notice):
2.6.1 to make improvements to the Application, the Loging Services and/or the Services (including the security of the Application, the Loging Services and/or the Services);
2.6.2 as required by Applicable Law; or
2.6.3 to protect a legitimate business interest.
2.7 However, You may terminate these Customer Terms in accordance with Clause 15 at any time.
4. SUBSCRIPTION SERVICES
2.8 The Application allows the Subscriber to select their desired service requirement from the list of services and Packages offered by the Company as per Schedule A.
2.9 Once You request for a service and the same has been accepted, Company will provide:
2.9.1 You with a Loging confirmation through the Application, and information regarding the Services and any other details the Company considers appropriate; and
2.9.2 the 3rd Party Service Providers with Your details necessary to enable the performance of the Services
2.10 Along with the above services provided by the Company, Company shall do the following:
2.10.1 Keeping records of the Subscription Services availed;
2.10.2 Remotely monitor any Service transactions using the Application; and
2.10.3 Providing customer support for grievance redressal;
2.11 Except as expressly stated in these Customer Terms, the obligations of the Company are limited to (a) licensing the Application services to You; (b) managing and operating the Application and Services in the manner reasonably determined by the Company; (c) operating an online Loging platform facilitating the provision of Services to You (and other customers); and (d) payment collection in respect of the Services provided to You (and other customers),
5. Loging CONFIRMATION
2.12 Where Your request for a Subscription has been accepted, You must check the Loging details on the Loging confirmation Application provides You. If there are any incorrect details on the Loging Confirmation, You must contact the Application immediately by correcting Your Loging details through your Account on the Application.
2.13 You are responsible for any delay that may be caused due to Your failure to check the Loging Confirmation or contact Application immediately to correct the Loging details.
6. PAYMENT
2.14 Payment of the Services will be facilitated by a payment gateway and/or payment processing services provider appointed by the Company (the “Payment Processor”). The Payment Processor may be the Company, one of its related bodies corporate or an unrelated third party.
2.15 You will be required to provide relevant payment details including credit/debit card details (“Card Details”) with the Payment Processor in order for the Company to process payment of the Services availed, and You hereby authorize the Payment Processor to do so. Your authorization:
2.15.1 permits the Payment Processor to debit or credit the bank account or debit/credit card account associated with Your payment details;
2.15.2 permits the Payment Processor to use Your Card Details for the processing of transactions initiated by You;
2.15.3 will remain in effect as long as You maintain an Account (and if You delete Your Card Details or Account, Company and the Payment Processor will not be able to process any further transactions initiated by You); and
2.15.4 is subject to any other terms and conditions of the Payment Processor specified through the Application or Services from time to time.
2.16 If any amount paid by You is fully or partially refundable for any reason such amounts will be credited to Your Account within 15 business days.
2.17 Any payment processing-related issue not caused by an error or fault with the Application must be resolved by You and the relevant Payment Processor.
7. FEEDBACK, ISSUES AND COMPLAINTS
2.18 All feedbacks issues and complaints are to be sent to the Company via the following email:
8. YOUR OBLIGATIONS
2.19 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
2.20 If you are given a User ID, you must keep your User ID secure and:
2.21 Not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
2.22 Immediately notify us if you become aware of any disclosure or unauthorized use of your User ID, by sending an email to
2.23 Not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Application / Mobile Application or any Underlying System, or otherwise attempt to damage or interfere with the Application /Application or any Underlying System; and
2.24 Unless with our agreement, access the Mobile Application via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
2.25 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our MobileApplication by using your User ID.
9. DISCLAIMERS
2.26 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any
other person for any Loss in connection with:
2.26.1 the Application being unavailable (in whole or in part) or performing slowly;
2.26.2 any error in, or omission from, any information made available through the Application;
2.26.3 any exposure to viruses or other forms of interference which may damage your computer
system or expose you to fraud when you access or use the Application. To avoid doubt, you are responsible for ensuring the process by which you access and use the application protects you from this; and
2.26.4 any site linked from the application. Any link on the application to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
2.27 We make no representation or warranty that the application is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the application is not illegal or prohibited, and for your own compliance with applicable local laws.
10. LIABILITY
2.28To the maximum extent permitted by law:
2.28.1 you access and use the application at your own risk; and
2.28.2 we are not liable or responsible to you or any other person for any Loss under or in
connection with these Terms, the application, or your access and use of (or inability to access or use) the application. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
11. INDEMNIFICATION
2.29 You hereby indemnify to the fullest extent the Company from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
12. PRIVACY POLICY
2.30 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the application available to you. For example, we may need to have your contact information in order to provide you with updates from our
application.
2.31 The Company collects, stores, processes and transfers personal information (including sensitive financial information) in compliance with the Privacy Policy and any applicable statutes and regulations relating to the protection of personal data.
2.32 When you provide personal information to us, we will comply with the Privacy Policy (Insert Hyperlink) of this application.
2.33 Your Content: In these application Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this application. With respect to Your Content, by displaying it, you grant the Company a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
2.34 Your Content must be your own and must not be infringing on any third party’s rights. The Company reserves the right to remove any of Your Content from this application at any time, and for any reason, without notice.
2.35 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
2.35.1 to service providers and other persons working with us to make the Application available or improve or develop its functionality (e.g. we may use a third party supplier to host the Application);
2.35.2 in relation to the proposed purchase or acquisition of our business or assets; or
2.35.3 where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
2.36 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside The Republic of India. This may involve the transfer of your personal information to countries which have less legal protection for personal information than The Republic of India.
2.37 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at:
13. INTELLECTUAL PROPERTY RIGHTS
2.38 The Application and all associated intellectual property rights (“IP”) remain the property of the Company or its third-party licensors. Except as expressly stated, nothing in these Customer Terms grants the Customer any rights in or related to the IP, and all rights not expressly granted to the Customer are reserved by the Company.
2.39 The Customer must not:
2.39.1 copy, reproduce, modify, create derivative works of, decompile, reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of, any IP;
2.39.2 breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided on the Application and/or Application;
2.39.3 use any IP in a way that infringes or misappropriates a third party’s intellectual property rights or moral rights;
2.39.4 distribute, disclose or allow use of any IP by any third party in any format, through any timesharing service, service bureau, network or by any other means;
2.39.5 merge or combine any IP with any other technology not provided by the Company or any; or
2.39.6 remove any proprietary notice language on any copies of any IP.
2.40 Subject to compliance with these Customer Terms, the Company grants the Customer a limited, nonexclusive, personal, non-transferable license during the term of these Customer Terms to use and access the application on any Device that the Customer owns or controls and to run the application solely for the Customers own personal use (including for the processing of payments).
2.41 The Customer is solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted through the Application or Device by or on Customer behalf (“Customer Content”). Customer must ensure that the Content is not unlawful and does not infringe any third party’s rights (including intellectual property rights), and Customer must not:
2.41.1 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful material or information, or any material relating to or encouraging money laundering or gambling;
2.41.2 upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents;
2.41.3 upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device;
2.41.4 download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner;
2.41.5 falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
2.41.6 deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;
2.41.7 harvest or otherwise collect information about others, including e-mail addresses, without their consent.
2.42 You grant the Company a worldwide, perpetual, royalty-free, transferable licence to use, copy, modify, adapt and commercially exploit Your Content (including making derivative works of the whole or any part of Your Content) for any purpose, including promotional and advertising purposes that the Company deems fit. You represent and warrant that You have the necessary rights to Your Content and are permitted to provide Your Content to the Company. For clarification, You are not entitled to any payment or other compensation for Company’s use of Your Content.
2.43 Except for the Registration Data or any other data submitted by You during the use of the Service (“Permitted Information”), You should not, send any confidential or proprietary information to the Company, unless required by Applicable Laws. Except for the Permitted Information, and subject to
Company handling Your personal information in accordance with the Privacy Policy, any of Your Content will not be considered confidential or proprietary.
14. FORCE MAJEURE
2.44 Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party (“Force Majeure”).
15. TERMINATION
2.45 These Customer Terms continues until such time as they are terminated in accordance with this Clause 15.1.
2.46 You may terminate these Customer Terms at any time by closing Your Account or leaving the Application. You can close Your Account at any time by following the instructions on the Application.
2.47 The Company may terminate these Customer Terms with immediate effect upon notice to You if:
(i) necessary to comply with any Applicable Law;
(ii) You cease to satisfy the Eligibility Requirements; or
(iii) You commit a breach (other than a trivial or inconsequential breach) of these Customer Terms that is not capable of remedy or (if capable of remedy) is not remedied within 4 Business Days after Company notifies You of the breach.
2.48 Upon termination of these Customer Terms for any reason:
(i) Your rights to use the Application will cease immediately, Your registration and Your Account will cease to apply, and the Company may block Your access to the Application;
(ii) The Company will charge You all amounts due and owing at the date of termination in
accordance with Clause 6 and
(iii) the Parties must cease acting in a manner that would imply a continuing relationship between the Parties.
2.49 Clauses 12 (Privacy), 13 (Intellectual Property Rights), 10 (Liability), 15 (Termination), and 19 (Governing Law and Dispute Resolution) will survive termination of these Customer Terms together with any other terms which by their nature do so.
2.50 Termination of these Customer Terms will not prejudice any rights of the Parties that may have accrued prior to such termination.
16. NOTICE
2.51 Any notices, requests and other communications required or permitted under these Customer Terms must be in writing and sent to the recipient Part as follows (as amended to time by the recipient Party by notice to the other Party):
(i) The Company at ARSCCOM #3, Sri Harsha, 3rd Floor, 17th Cross, Malleshwaram, Bangalore-560003.
(ii) to You by email or text message (SMS) to the email address or mobile number (as applicable) specified in the Account.
17. ENTIRE AGREEMENT
2.52 These Customer Terms constitute the entire agreement between the Parties in connection with, and will supersede all previous communications (either oral or written) between the Parties with respect to the subject matter of these Customer Terms, and no agreement or understanding varying or extending the same will be binding on either Party unless arising out of the specific provisions of these Customer Terms.
2.53 No party has entered into these Customer Terms in reliance on any term or statement other than the terms expressly set out herein, provided that this Clause 17.2 shall not apply to any fraudulent misrepresentation.
18. RELATIONSHIP OF THE PARTIES
2.54 Nothing in these Customer Terms is intended to constitute a fiduciary relationship or an agency, partnership or trust, and You have no authority to bind the Company, nor does the Company have any authority to bind You.
19. GOVERNING LAW AND DISPUTE RESOLUTION
2.55These Customer Terms shall be governed by the law of the Republic of India. 2.56 In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration under the Indian Arbitration and Conciliation Act, 1996 including any amendments thereto. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. Courts in Bangalore shall have exclusive jurisdiction with respect to the arbitration proceedings.
2.57 These Terms will be governed by and construed in accordance with the laws of the State of Karnataka and you submit to the non-exclusive jurisdiction of the courts located in Bangalore for the resolution of any disputes.
20. AMENDMENTS TO THESE CUSTOMER TERMS
2.58 The Company may amend the terms of these Customer Terms and shall keep you updated regarding such amendments.
2.59 You will be required to confirm Your acceptance of the amendments referred to in Clause 20.1. However, if You do not agree to any such amendments, You may terminate these Customer Terms in accordance with Clause 15.2 at any time prior to such amendments coming into effect.
2.60 We may change these Terms at any time by updating them on the Application. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Application, you agree to be bound by the changed Terms.
2.61 We may change, suspend, discontinue, or restrict access to, the Application without notice or liability
2.62 These Terms were last updated on [insert date].
21. MISCELLANEOUS
2.63 Joint Ventures: The Company will be entitled to enter into any transaction whereby it acquires, merges with or enters into a joint venture with any other institution engaged in the business of providing services similar to those referred to in these Customer Terms. In such case, You may be provided the Application, the Loging Services and/or Services by the company or the other institution respectively jointly and/or severally with the parties to any such arrangement. These Customer Terms will continue to apply in the event of any such arrangement. You may terminate these Customer Terms in accordance with Clause 15.2 at any time.
2.64 Waiver: Either Party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on the part of either Party exercising any right, power or privilege under these Customer Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege under these Customer Terms preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such Party.
2.65 Assignment: Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
2.66 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
2.67 No warranties: This Application is provided “as is,” with all faults, and [Sender. Company] makes no express or implied representations or warranties, of any kind related to this Application or the materials contained on this Application. Additionally, nothing contained on this Application shall be construed as providing consult or advice to you.
2.68 Rights cumulative: Subject to any express provision in these Customer Terms to the contrary, the rights, powers or remedies of a Party under these Customer Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Customer Terms or otherwise provided at law or in equity.
SCHEDULE A
List of services offered by Company: –
∙ Software implementation services
∙ Zoho product implementation
∙ customised software implementation
∙ Mobile application development
∙ Integration to 3rd party services (IT platforms)
∙ Business Analyst training and certification program
∙ Softskills training and certification program
∙ Project Management certification and training program