1. SCOPE:
- 1.1
- This website, known as “JioTesseract”, and its sub-domains (collectively “Website“) is provided by Tesseract Imaging Limited (“ Company”, “we” or “us”), a public company limited by shares with its registered office located at “16 Chittaranjan Tower CTS No.104 A 42 of, Tirandaz Village Powai, Near Hiranandani Hospital, Mumbai, Maharashtra, India, 400076”.
- 1.2
- Your (“you”, “your” or “user”) use of the Website is subject to these Terms and Conditions (“Terms”).
- 1.3
- Anyone below 18 (eighteen) years of age is assumed to be a child (“Child”) and requires parental consent to access or use the Website. The parents/legal guardian of the Child or users above 18(eighteen) years of age are hereinafter referred to as “you”, “your” or “user”.
- 1.4
- The Website allows the users to (i) access and view the various products of the Company and understand the functionality of such products; (ii) gather information regarding augmented, virtual and mixed reality; (iii) register your interest to be a developer for the Company and/ or submit your interest to join the JioGlass Developers Program and/or the JioGlass Developers Community; (iv) register as a potential customer and make general enquiries; and/or (v) any other service as may be provided by the Company from time to time (collectively known as “Services“”).
- 1.5
- Your use of the Website requires that you agree to the Terms and the privacy policy of the Website. By having access to, receiving, and/or using the Website, you acknowledge to have read, understood and you consent to be governed and bound by the Terms. If you do not understand the Terms, or do not accept any part of them, then you should not use the Website.
- 1.6
- The Terms are an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) (“IT Act“) and rules thereunder and is published in accordance with the provisions of Rule 3 (1) of Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of Website. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- 1.7
- Please read the Terms carefully before using, viewing, accessing or registering on the Website or accessing any material, information, products or Services through the Website. Your use of the Website or Services provided by the Company shall signify your unconditional acceptance of the Terms and your agreement to be legally bound by the same.
- 1.8
- Only persons who can form legally binding contracts under the Indian Contract Act, 1872 may access the Website, register on the Website and avail the Services. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including without limitation, un-discharged insolvents are not eligible to avail the Services. We reserve the right to refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are incompetent to contract. You represent and warrant to us that you are of legal age to form a binding contract and are not a person barred from availing Services under the applicable laws.
- 1.9
- If you are under 18 (eighteen) years old, you are not permitted to access or register on this Website unless such access is under the supervision of the parent or legal guardian or such registration is completed by a parent or legal guardian. If you are a parent or a legal guardian registering or accessing the Website for your Child, you hereby grant your consent to us for your Child to use the Website and Services. You undertake that the access of the Website by your Child and all the activities done by the Child on the Website will be under your direct and constant supervision. You further accept full and complete liability arising out of the Child’s acts, whether direct or indirect.
2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION:
Please refer to the privacy policy of the Website for disclosures relating to the collection and use of your personal information arising out of the use of this Website.
3. MODIFICATIONS:
- 3.1
- Modifications of the Terms: The Company reserves the right to change the Terms of the Website at its sole discretion. The Terms may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will notify you whenever any change to the Terms are made. You are encouraged to periodically visit this page to review these Terms and any changes to it. We may require you to provide your consent to the updated Terms in a specified manner before any further use of the Website and the Services. If no such separate consent is sought, your continued use of the Website will constitute your acceptance of such changes.
- 3.2
- Modification of content on the Website: The Company reserves the right to add, modify or delete any content or features available on the Website and/or add, modify or delete any Services offered on the Website at any time at its sole discretion.
4. CONDITIONS TO USE :
- 4.1
- The Website and Services will be provided to you on best efforts basis. We shall endeavor that you are able to use the Website without undue disruption, interruption or delay.
- 4.2
- By providing your contact details on the Website, you may receive updates, promotional materials and other information we may send with regards to the Company and/or Service, or new products or services that we may offer. You hereby consent to receiving all such commercial communications from us. You may opt out of receiving any, or all, of these commercial communications from us by following the unsubscribe link sent to you via electronic mail.
- 4.3
- You agree not to access (or attempt to access) the Website and/or Services by any means other than through the interface that is provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- 4.4
- By accessing or using the Website, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed on the Website.
- 4.5
- If the Website allows you to post and upload any material or information on it, you hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, you undertake not to:
- 4.5.1
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- 4.5.2
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 4.5.3
- Publish, host, display, upload, modify, transmit, store, update, share, distribute or disseminate any information that you know is false, misleading, untruthful or inaccurate;
- 4.5.4
- Publish, host, display, upload, modify, transmit, store, update, share, distribute or disseminate any information that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- 4.5.5
- Publish, host, display, upload, modify, transmit, store, update, share, distribute or disseminate any information that is unlawful, threatening, abusive, harassing, insulting or harassing on the basis of gender, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy including bodily privacy, tortious, obscene, paedophilic, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate material or information as solely determined by us in our sole discretion through any bookmark, tag or keyword;
- 4.5.6
- Publish, host, display, upload, modify, transmit, store, update, share, distribute or disseminate any information that is grossly harmful, harmful to minors, blasphemous, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or unlawful in any manner whatsoever or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act 1986;
- 4.5.7
- Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- 4.5.8
- Publish, host, display, upload, modify, transmit, store, update, share, disseminate, upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- 4.5.9
- Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
- 4.5.10
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);
- 4.5.11
- Probe, scan, test, breach the security or authentication measures on the vulnerability of the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Company, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
- 4.5.12
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
- 4.5.13
- Collect or store data about other users;
- 4.5.14
- Use any device, tools or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
- 4.5.15
- Use the Website or any material or content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or rights of other third parties (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity);
- 4.5.16
- Conduct or forward surveys, contests, pyramid schemes or chain letters or involve in transmission of “junk mail” or unsolicited mass mailing or “spamming”;
- 4.5.17
- 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;
- 4.5.18
- Violate any code of conduct or other guide, which may be applicable to the Website;
- 4.5.19
- Publish, host, display, upload, modify, transmit, store, update, share, distribute or disseminate any information that violates any applicable laws or regulations for the time being in force within or outside India;
- 4.5.20
- Publish, host, display, upload, modify, transmit, store, update, share, distribute or disseminate any information that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;
- 4.5.21
- Publish, host, display, upload, modify, transmit, store, update, share, distribute or disseminate any information that: (a) belongs to another person and to which you do not have any right; or (b) promotes an illegal or unauthorized copy of another person’s copyrighted work;
- 4.5.22
- Publish, post, upload, distribute or disseminate any information about illegal activities such as making and/ or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- 4.5.23
- Publish, host, display, upload, modify, transmit, store, update, share, distribute or disseminate any information that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- 4.5.24
- Violate the Terms; and
- 4.5.25
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
- 4.5.1
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- 4.6
- By using the Website, you represent and warrant that:
- 4.6.1
- Your use of Website shall not violate any applicable law or regulation;
- 4.6.2
- You are authorized by the entity, wherever applicable, on whose behalf you are accessing and accepting these Terms and will bind such entity to these Terms;
- 4.6.3
- You have fully read and understood the Terms and consent to them;
- 4.6.4
- You shall ensure that the requisite information provided by you to us for the availing the Services, is absolutely true, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information. We will not be liable for any incident occurring due to incorrect or insufficient information provided by you; and
- 4.6.5
- You will not use the Website or Services for any unlawful purposes, or in furtherance of illegal activities.
- 4.7
- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.
- 4.8
- You agree that you are responsible to us and to any third party for any breach of your obligations under these Terms and for the consequences (including any loss or damage which we or our affiliates may incur or suffer) for any such breach.
5. PERSONAL AND NON-COMMERCIAL USE LIMITATION
- 5.1
- The Company grants you a personal, limited, non-exclusive and non-transferable license to access and use the Website only as expressly permitted in these Terms. You shall not use the Website or Services for any illegal purpose or in any manner inconsistent with these Terms. Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or Services obtained from the Website.
6. LINKS TO THIRD PARTY SITES, PLATFORMS AND APPLICATIONS:
- 6.1
- The Website may contain links to other web sites/applications (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. The inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
- 6.2
- Any dealings with third parties (including advertisers) included within or available via a link from the Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Company shall not be responsible or liable for any part of any such dealings or promotions.
- 6.3
- You acknowledge and agree that the use of any Linked Sites is governed by such third party’s terms of use, license agreement, privacy policy, or other such agreement. The Company disclaims any and all responsibility for any disclosure of information or any other practices of any third party. The Company expressly disclaims any warranty with respect to your personal or other information that may be collected, processed, shared or retained by an offeror of the Linked Site.
7. INTELLECTUAL PROPERTY RIGHTS
- 7.1
- The Company shall own title, interest and rights, including all related intellectual property rights, in/of the Website including but not limited to the object code of the Website, features of Services, which is/are protected by the applicable laws and except the content owned by the user. You acknowledge that such ownership shall include all intellectual property rights arising from any suggestions, feedback, recommendations or other information provided by the user, whether in the course of use of the Website or otherwise.
- 7.2
- The Company is the sole and exclusive copyright owner of the Website and its content. You acknowledge that the Website contains original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Website may contain information which is designated as confidential by the Company and that you shall not disclose such information without the Company’s prior written consent.
- 7.3
- The trademarks, logos, designs and service marks displayed on the Website (“Marks”) may be the Company’s sole and exclusive property and you are not permitted to use the Marks without the Company’s prior consent. The unauthorized copying, modification, use or publication of these Marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.
8. USE LIMITATIONS:
- 8.1
- The Website is merely intended to access and gather information regarding the Services made available through the Website.
- 8.2
- As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful, commercial or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden or impair the functioning of the Website or interfere with any other party’s use and enjoyment of the Website.
- 8.3
- You are not entitled to use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the Website.
- 8.4
- You may not use the Website if (i) you have been convicted of any offence under applicable law; and/or (ii) if you are under the age of 18 years; and/or (iii) if you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of India.
9. GENERAL
- 9.1
- Third-Party Fees: You may incur access or data fees from third parties (such as your internet provider or mobile carrier) in connection with your use of the Website. You are solely responsible for all such fees.
- 9.2
- Updates: You may need to install updates to the Website or related software that we introduce from time to time to use of the Website. Services originating from the Website may communicate with the servers from time to time to check for available updates to the Services and to the functionality of the Website, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Services you have installed requires that you have agreed to receive such automatically requested Updates.
- 9.3
- Accuracy of Information: You agree that the information entered by you while providing any information on the Website and/or uploading any material on the Website is true, current, complete and accurate in all respects. The Company is not responsible for any losses arising out of discrepancy in your data. You are solely responsible for maintaining confidentiality and security of the information you upload on the Website. The Company is not responsible for any losses arising out of the unauthorized use of such information.
- 9.4
- Assignment: You cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking your consent.
- 9.5
- Feedback: Any feedback you provide regarding the Website shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information belonging to you or to third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) you are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.
10. DISCLAIMER AND WARRANTIES
- 10.1
- You represent and warrant that the information provided by you, including third party information, to the best of your knowledge, are correct, not in violation of any applicable law, will not corrupt or disrupt the Website and/or Services, and that you have the right to share such information. You are responsible for the accuracy of information uploaded by you on the Website and to keep such information up-to-date at all times.
- 10.2
- We encourage you to adopt reasonable measures to prevent unauthorized and/or unsupervised access to the Website, including but not limited to unsupervised use of the Website by minors. The Company shall not be responsible for any such unauthorized and/or unsupervised access to the Website and any damages whatsoever thereof.
- 10.3
- The Company is not responsible for any personal injury or loss of life to the user due to any delay, interruption, loss of information or failure of the Website.
11. WARRANTY DISCLAIMER
- 11.1
- Save to the extent required by law, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Website; what content you access via the Website; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
- 11.2
- You release us from all liability that you may have acquired through the Website. We make no representations concerning any material contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website.
- 11.3
- We, and our affiliates, directors, employees, agents, representatives, suppliers, and partners do not warrant that: (a) the Website including, without limitation any third party sites or services linked on the Website will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available on the Website is free of viruses or other harmful components; or (d) the results of using the Website will meet your requirements. Your use of the Website is solely at your own risk.
12. USE WITH YOUR PHONE
- 12.1
- Where a user downloads or accesses the Website on a device, such user shall be obligated to adhere to all the terms and conditions of the use of such device, in addition to these Terms. For avoidance of any doubt, the Company shall not be responsible for any losses arising out of or in connection with these Terms for any failures, acts or omissions by the user of the Website to comply with the terms and conditions for the use of such device.
13. LIMITATION OF LIABILITY
- 13.1
- 13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE WEBSITE, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE WEBSITE BY THE COMPANY OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
- 13.2
- YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ANY EQUIPMENT AND ANCILLARY SERVICES (INCLUDING THE PAYMENT OF ANY ADDITIONAL FEES THEREFORE) REQUIRED TO CONNECT TO, ACCESS OR OTHERWISE USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, VIDEO-ENABLED DEVICES, VIDEO COMMUNICATION SERVICES, MODEMS, HARDWARE, SERVERS, SOFTWARE, OPERATING SYSTEMS, NETWORKING, WEB SERVERS, INTERNET AND TELEPHONE SERVICE (COLLECTIVELY, “EQUIPMENT”). YOU WILL ALSO BE RESPONSIBLE FOR MAINTAINING THE SECURITY OF THE EQUIPMENT AND FOR ALL USES OF THE EQUIPMENT WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT.
- 13.3
- YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND OTHER MATERIALS YOU TRANSMIT THROUGH THE WEBSITE OR SHARE WITH OTHER USERS OR RECIPIENTS. YOU WILL NOT TRANSMIT ANY CONTENT THAT YOU DID NOT CREATE OR THAT YOU DO NOT OWN ALL RIGHT, TITLE AND INTEREST IN AND TO, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHT AND RIGHTS OF PUBLICITY CONTAINED THEREIN.
- 13.4
- THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- 13.5
- YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL SERVICES OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE WEBSITEBY ANY THIRD PARTY.
- 13.6
- IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO: (A) LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF WEBSITE; (B) ANY DELAY OR INABILITY TO USE THE WEBSITE; (C) ANY INFORMATION OBTAINED THROUGH THE WEBSITE; OR (D) OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE; WHETHER OR NOT ALL OF THE ABOVE LOSSES, CLAIMS OR DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EVEN IF THE COMPANY AND/OR ITS AFFILIATES AND/OR ITS ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, CLAIMS OR DAMAGES.
14. TERMINATION (TEMPORARY AND PERMANENT DISABLEMENT):
- 14.1
- Unless otherwise provided in these Terms, your access to and/or use of the Website may be terminated by the Company without assigning any reasons at any time at the sole discretion of the Company. Upon termination / suspension, you shall not have the right to use or access the Website.
- 14.2
- The Company reserves the right to suspend and/ or terminate your access to the Services and/or the Website in case of any non-adherence to these Terms by you.
15. GOVERNING LAW AND DISPUTE RESOLUTION:
- 15.1
- 15.1. These terms and conditions are governed and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction to hear disputes arising out of these terms.
16. FORCE MAJEURE:
- 16.1
- 16.1. The Company shall be under no liability whatsoever in the event of non-availability of any portion of the Website or subscribed content occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of the Company.
17. SEVERABILITY:
- 17.1
- If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that part of these Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms.
18. RECIPIENT DATA:
- 18.1
- You hereby authorize the Company to collect, retain and use information as per the privacy policy of the Company available on the Website. If you are a parent or a legal guardian, you agree and consent to us collecting, using, storing and processing the information provided by your Child, in accordance with the privacy policy of the Company available on the Website.
19. INDEMNITY
- 19.1
- You shall defend, indemnify and hold harmless the Company, its owners, employees, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your use of (i) the Website and/or (ii) the breach of these Terms and any other policies, or (iii) your violation of any law, rules or regulations or the rights of a third party.
20. CONTACT DETAILS:
- 20.1
- All notices from the Company will be served by email to the email address provided by you or by general notification on the Website. Any notice to be provided to the Company pursuant to the Terms should be sent to the Company’s corporate address: T22C, Reliance Corporate Park, Ghansoli, Navi Mumbai 400 701 and a copy of such notice shall be sent to the following email address:
21. GRIEVANCE REDRESSAL OFFICER
- 21.1
- 21.1. If you have any grievance with respect to the Website, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Amar Chikane
T22-C, TTC Industrial Area, Reliance Corporate IT Park, Thane Belapur Road, Ghansoli, Navi Mumbai- 400 701, Maharashtra
Email: grievance@tesseract.in
22. REPORT OF ABUSE
- 20.1
- In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Website, please report to the Grievance Redressal Officer, whose details are set out above.
YOU HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE