Please go through these Terms and Conditions carefully as these constitute a legal agreement between www.sandesha.app and its App (“Website” or “Site”) and you. You must be of legal age (18 years or above) to enter into a binding agreement in order to accept the terms. If you do not agree to the terms, do not use any of our services/products. By putting a check mark next to “I AGREE and clicking on SUBMIT on creating/registration of your account or using the services, you represent that you have read and agree to the terms and conditions of this agreement.
This document/agreement is an electronic record in terms of Information Technology Act, 2000 and 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 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised by the Site.
SANDESHA.APP’s Services is bound by regulatory norms of the Telecom Regulatory Authority of India (TRAI), Department of Telecommunication of the Govt. of India (DOT) and other authorities. Certain features may be removed depending on what the law of land dictates without prior notice.
The Site and its App is owned by Swank Infytech Private Limited (Sandesha.app & swankinfytech.in) and by accessing and using it you are indicating that you accept, and agree to comply with, these Terms. The terms “you” and “your” for purposes of these Terms, means both you in your individual capacity, and the company or other business entity whom you represent and on whose behalf you use the site under actual or apparent authority. By agreeing to these Terms and/or using the site, you represent and warrant that you have the authority to represent and legally bind the company or other business entity for whom you are acting. If you do not have such authority, you are solely responsible for all acts and omissions relating to your use of the Site.
SANDESHA.APP may add to, change or remove any part, term or condition of these Terms, and any Content (as defined below), including, without limitation, product and service descriptions. By continuing to access and use the Site, you are indicating your acceptance of such changes. SANDESHA.APP will notify you of changes to these Terms by posting the revised version and changing the “Last Updated” date below. Please check these Terms periodically for changes.
Subject to your compliance with these Terms, SANDESHA.APP hereby grants you a limited, personal, revocable, non-transferable, non-sub licensable, and non-exclusive license to access the Site and use the information, text, images, graphics, user and visual interfaces, applications, software, product and service data sheets, operation and maintenance manuals, technical notes, documents, and other materials displayed on the Site (collectively, the “Content”), solely for your own personal internal business use, on the condition that such use is solely in accordance with the purposes for which SANDESHA.APP makes the Site and Content available. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth above. You may not remove any copyright or other proprietary notices from any Content. If you breach any term or condition of these Terms, your authorization to use the Site and Content automatically terminates without notice to you, and you must immediately destroy any copies of the Content in your possession.
The services provided by SANDESHA.APP are bounded by the regulations set forth by Telecom Service Providers and Telecom regulatory authorities. In purview of these regulations it is a mandatory for the User to submit either a hard / scan copy of Know Your Customer (KYC) documentation in form of an address and an Identity Proof within 7 days of service activation. In case of non-submission of KYC documentation your services are liable to be deactivated.
We take no responsibility and assume no liability for any submitted content (all voice and electronic data) posted or submitted or transmitted by you through your account or use of services provided by SANDESHA.APP. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site:
1. any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would otherwise violate any applicable law;
2. any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting or transmission of content to or from this Site and/or your account.
You hereby represent and warrant that you will not, and will not induce any third party to:
• attempt to disable or circumvent any security mechanisms used by the Site or otherwise attempt to gain unauthorized access to any portion or feature of the Site or Content, or any other systems or networks connected to the Site, or to any server of SANDESHA.APP or its third party service providers, by hacking, password “mining”, or any other illegal means;
• use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content;
• use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site, or with any other person’s use of the Site;
• breach any security measures implemented on the Site;
• track or seek to trace any information on any other person who visits the Site;
• use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or
• copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Site or Content, or otherwise made available to you in connection with the Site or Content.
You hereby agree to defend, indemnify and hold each of and its officers, directors (past and present), agents, subsidiaries, and employees) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms or otherwise arising from your use or misuse of the Site or the services.
You hereby acknowledge and agree that SANDESHA.APP and its licensors (if any) own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights (including, without limitation, all patent rights, copyright rights, trademark rights and trade secret rights) which subsist in the Site and Content (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and SANDESHA.APP, all Content together with the design, structure, selection, coordination, expression, ‘look and feel’, and arrangement of the Site and Content, and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Site and in the Content are all owned by SANDESHA.APP or its licensors. Nothing in these Terms gives you any right to use any of SANDESHA.APP’s or its licensors’ trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. All rights not expressly granted by SANDESHA.APP under these Terms are reserved. There are no implied rights.
The Site And Content Are Furnished To You “as Is” And Without Warranties, Representations Or Conditions, Statutory Or Otherwise, Of Any Kind. Sandesha.app, On Behalf Of Itself And Its Affiliates, Subsidiaries, Licensors (If Any) And Third Party Service Providers, And Each Of Their Respective Directors, Officers, Employees, Contractors, Agents, Successors, And Assigns (Collectively, The “sandesha.app Parties”):
• Expressly Disclaims All Representations, Warranties And Conditions, Whether Express, Implied Or Statutory, Including, Without Limitation, The Implied Warranties Of Non-infringement, Title, Merchantability, And Fitness For A Particular Purpose;
• Does Not Represent Or Warrant That The Site Will Meet Your Requirements, Or That The Operation Of The Site Will Be Timely, Uninterrupted, Stable, Or Secure;
• Does Not Represent Or Warrant That The Site And Its Content Will Be Error-free Or That Any Defects Will Be Corrected; And
• Does Not Make Any Representations, Warranties, Or Conditions Regarding The Use Or The Results Of The Use Of The Site Or Its Content In Terms Of Their Accuracy, Reliability, Timeliness, Completeness, Or Otherwise.
Your Use Of The Site And Its Content Is Entirely At Your Own Discretion And Risk And You Assume Total Responsibility For Your Use Of The Site And Its Content. This Limitation Of Remedies Is A Part Of The Bargain Between You And Sandesha.app. No Oral Or Written Information Or Advice Given By Sandesha.app Or Any Person On Behalf Of Sandesha.app Shall Create A Warranty Or Condition, Or In Any Way Change This Exclusion Of Warranty. Nothing In This Paragraph Shall Exclude Or Limit Sandesha.app’s Warranties, Representations Or Conditions To The Extent They May Not Be Lawfully Excluded Or Limited By Applicable Law, In Which Case, Such Warranties, Representations Or Conditions Will Be Excluded And Limited To The Greatest Extent Permitted By Applicable Law.
In no event will any SANDESHA.APP Party be liable to you, or any third party, for any direct, special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, compensation, reimbursement or damages in connection with, arising out of, or relating to, the use, or loss of use of, the site and its content, loss of profits, loss of goodwill, loss of data or content, cost of procurement of substitute goods or services, subsequent or other commercial loss, or for any other reason of any kind, whether based on breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even if an SANDESHA.APP party has been advised of the possibility of such damages. If, notwithstanding the foregoing, an SANDESHA.APP party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the site or content, the relevant SANDESHA.APP Party’s total cumulative liability shall in no event exceed the sum of the total payments paid by you to SANDESHA.APP towards the services. Nothing in this paragraph shall exclude or limit any SANDESHA.APP Party’s liability for losses which may not be lawfully excluded or limited by applicable law, in which case, such SANDESHA.APP party’s liability will be limited to the greatest extent permitted by applicable law.
Whenever you visit the Site or send e-mails to SANDESHA.APP, you are communicating with SANDESHA.APP electronically. For that reason, you also consent to receive communications from SANDESHA.APP electronically. SANDESHA.APP will communicate with you by e-mail, by posting notices on the Site or by such other means as SANDESHA.APP may determine from time-to-time. You agree that all agreements, notices, disclosures and other communications that SANDESHA.APP provides to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
If you wish to discontinue your account with SANDESHA.APP, you can email us at [firstname.lastname@example.org] expressing the same and we will facilitate the closure of your account. You can cancel your account at any time, but the purchased SMS will not get refund to the company and no money will be refunded against this.
These Terms will be construed and enforced in all respects in accordance with the laws of the India. You agree to submit to the sole and exclusive jurisdiction of Courts located at Prayagraj for all disputes, purposes in connection with any action or proceeding that arises from, or relates to, these Terms or and you hereby irrevocably waive any objection to such exclusive jurisdiction. Notwithstanding the foregoing, SANDESHA.APP may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights, as may be available under the applicable law.
Changes to these Terms. We may revise these Terms from time to time and the most current version will always be posted on the Site. If a revision, in our sole discretion, is material we will notify you. By continuing to access the Site after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop accessing the Site or your account.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SANDESHA.APP without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of these Terms is deemed invalid, illegal or unenforceable, then that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and all other remaining provisions of these Terms will remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SANDESHA.APP’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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