Due Date Reminder mobile application is specifically built to provide various tax compliance Due Dates reminders to its users and their clients. Any information collected in doing so is used for intended purposes only. These terms of use tells you what terms and conditions are covered herein under and what to do about them. We have presumed that by using and utilising contents of application you have read, understood and accepted these terms and conditions mentioned herein.
a. Compliance Due Date Reminder Application (“Application”), in all of its forms, whether it be featured on the Android/apple mobile as an application, website or any of the mobile application (“apps”) services, is a product of Kubera Business Consultants Private Limited. (“the Company”).
b. The definition of “The User” used in this document pertains at all times to the organization that is the intended party requesting services from Application. You or User shall mean any registered user of the Application. If you are accepting these Terms and using the Services on behalf of any juristic entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity irrevocably.
c. “Content” means and includes, without limitation, any information, message, templates, advertisements, data, text, pictures, audio, video, GIFs, polls, user profiles, software, tags, graphics, and interactive features generated, provided, or otherwise made accessible either by you or other users or by us or our partners or sponsors on or through the Service/s.
d. Company is and will be the owner and developer for the purpose of listing at Google Play stores and all other such platforms.
Due Date Reminder mobile application is specifically built to provide various tax compliance Due Dates reminders to its users and their clients. It sends Income Tax/ GST/ROC reminders in English as well as in local languages to all in a single click via SMS. It has facility to view Template with personalized name which are being sent to User’s Clients. It also has window in which each client profile is visible wherein WhatsApp Chat box and Call option is available making it a Client Phone Book. It uses third party services to Send SMS services and charge in INR to registered User to utilise the same. It collects User’s data required to run the Application but never collects, stores information other than what is required such as users’ clients details, their profile etc. The company doesn’t provide any access to other than their staff/ employees/ associates about Users’ data and information. For more details about Data Privacy user can check Privacy Policy listed in Application.
a. We provide you with a free account, however, you are required to be registered with
us, to avail full functionalities of our Services.
b. As part of the registration process/for creating your account, you will need to provide
us with your Name, Email, Mobile Number, WhatsApp Number, City, Firm Name &
Account Type such as CA/CS/CMA/Tax Consultant respectively. After mentioning all
the details the registration is based on mobile verification which will be verified via a
one-time password verification mechanism. This will complete registration process
and unless logged out same OTP will be active.
c. Thus you need to provide your information and contact details which are accurate,
secure, and are not misleading.
d. The registration is based on mobile number and firm name which has unique
identification and hence repetitive or already registered user need to change or use
another mobile number and firm name to proceed. Same mobile number and/or Same
Firm name (i.e. Firm name already used) cant be used again to register new User or to
create new account.
e. You can sign in using mentioning mobile number which will auto detect OTP in case
the Application and mobile number are same. In case User has given access of
Application to other person then they have to share OTP in that mobile for login.
f. Therefore the User is responsible for maintaining the security of their online account
and OTP.
g. You agree not to use the accounts of other Users, disparage other accounts, use their
password or OTPs or indulge in any activity which violates the Privacy Policy.
h. By using the Application, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update such registration
information as necessary; (3) you have the legal capacity and you agree to comply with
these Terms & Conditions; (4) You are not a minor; (5) you will not use the Application
for any illegal or unauthorized purpose; and (7) your use of the Application will not
violate any applicable law or regulation.
i. The User hereby accept full responsibility for any consequences that may arise from
your use of the Application, and expressly agree and acknowledge that the Company
shall have absolutely no liability with respect to the same.
j. We reserve the right to suspend or terminate any account, with or without notice, if
you are in breach of these Terms.
k. In case of any discrepancy in access to your account, please reach out to us as per the
account terms.
CONSENT
User agree that the Company and any third-party service providers it engages, may, in
accordance with its Privacy Policy, collect and use your information and technical data
and related information.
The Company may use information and data pertaining to your use of the Services for
analytics, trends’ identification, and purposes of statistics to further enhance the
effectiveness and efficiency of the Platform.
Subject to applicable laws, the Company may be directed by law enforcement agencies
or the government and related bodies to disclose data in relation to Users in
connection with criminal proceedings. You understand and agree that in such
instances, the Company shall have the right to share such data with relevant agencies
or bodies.
UNAUTHORISED ACCESS
While registering with application a mobile OTP process is followed which will access
the user to look into all the contents of application on exclusive basis. In case other
than owner of mobile the other custodian uses application with the help of such OTP
gets personal benefits or uses it to damage the User goodwill or integrity the company
is not liable for any damages or compensation. The user should also take cognisance
that we have provided unique option of WhatsApp Chat window and Call option from
Application itself. Use of it other than for intended purpose is totally out of our purview
and ambit and company is not liable for any wrongdoings or misinformation.
Company reserves the right to charge the user to use the services of application on
subscription basis which may be monthly/ yearly basis and also have right to
raise/reduce without communication. It also has right to charge from user to use other
third party services used to run and maintain the application. Any reference to a sum
charged by Company is in Indian National Rupee(INR) unless otherwise noted and is
subject, where applicable, to the addition of India’s Goods & Services Tax (GST).
Company acknowledges that it is not yet registered for GST in India vide exemption
notification and when it becomes eligible for registration will notify The User. For more
details you should check Subscription plan details in Application.
REFUND
In no case refund claim will be accepted.
In an effort to control promotional spam, SMS fraud, and unsolicited messaging, the Telephone Regulatory Authority of India (TRAI) has enforced new guidelines for SMS marketing. It mandates the whitelisting of all SMS templates and registration of your company's entities, Sender IDs (Headers), and user consent in a centralized DLT portal provided by Indian mobile operators. The entities using such platforms should include their Brand name in such messages and hence user and client should note that “Kubera” word is used in each of such SMS sent from you. You should also be aware that as per TRAI Regulation in case of DLT Portals any transactional and Promotional messages which are to be sent to users/ customers need to get registered on DLT operators known as Templates first. Then such templates along with header and consent also needs to get registered with registered SMS service providers. Promotional SMS will only be sent from 10 AM to 9 PM whereas Service SMS and Transactional SMS can be sent 24 X 7 with no time restrictions. To use some services of this application the User needs to purchase / recharge Short Message Services (SMS) such as sending reminder templates in SMS format to their clients. In this event the user need to pay the recharge charges to Company to purchase SMS pack as per the mentioned plan. The details of which are mentioned in Subscription plan itself. This SMS recharge is valid for 1 year from the date of purchase. The SMS counter at the time of sending messages is visible to the user viz. SMS Credit Available, Total Number of Clients and SMS Balance Using to Send SMS. The Unicode i.e. local language SMS will consume more SMS and hence the user should check the same before sending. The user also assumes that he has sufficient balance to send SMS otherwise without SMS balance they can’t send to their clients. The user will be charged per SMS purchased in bulk. The regular SMS character limit will be maximum 160 including variable characters whereas for Unicode SMS the limit is 70 characters thereafter the SMS count will increase from 1 to 2 and so on after crossing the limit. Wherever possible we have carefully created template which enables users to choose from different SMS of their likings and understandings. More importantly SMS service used by company uses third party services and thus is totally depending on their deliverables. Although all care is taken but in circumstance arising out of DND, Phone Switched off, Mobile number changed delivery of messages may be failed and such issues being totally out of our purview and ambit of our service, the company is not liable for any compensation or damages arising out of such circumstances. The company on request basis from User may provide delivery status of messages sent/delivered/ on request basis. Since the database is not analysed by company on one to one basis in the event of DND registration by any of the customer or client they can’t sue or lodge complaint against company for any of the messages sent through application. The application is a just a mediator between users and their clients. Data of clients is not accessible to company and thus Data loss is sole responsibility of user and company is not liable for any loss of the same. The application is Compliance Due Date Reminder module in which various Due dates in relation to businesses are pre customised in application known as template in which due dates are variable and subject to change. Although every precaution is taken about dates to be accurate since they are defined by Government departments they are subject to change. Company does not warrant and is not responsible for any products or services, including delivery of messages by carriers, on other networks or on other providers systems or infrastructure which is beyond the best efforts of Company, which it is accepted to have been made by Company on its own systems. Currently company is Jio Truconnect as registered DLT user whereas Textlocal as message carrier. Notwithstanding anything to the contrary contained herein, neither the Company nor any of its affiliates or related parties shall have any liability to User or any third party aka clients for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, user agree to waive, release, discharge, and hold harmless the Company, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
vice; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof. Company will use reasonable efforts to have the Compliance Due Date Reminder Application approved by the Google Play app stores and all other such platforms. Although there is generally a high likelihood of approval, we do not and cannot guarantee approval. In case if the app is continually denied by the app stores because of the issues unrelated to our services the User will not be entitled to a refund of the fees. It is understood by the User that the Application will operate on iPhone, iPads, Android Phones and Android Tablets (Compatible with respective Android versions) in case of issues the user may raise request with specific version for updation.
Unless otherwise indicated, the Application & all its services and products is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are in the process of protection by copyright and trademark laws and various other intellectual property rights in India. The Content and the Marks are provided on the Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You may not access or use the Application for any purpose other than that for which we
make the Application available. The application may not be used in connection with any
commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Application, you agree not to:
# Attempt to impersonate another user or person or use the username of another user.
# Systematically retrieve data or other content from the Application to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
# Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
# Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
# Use any information obtained from the Application in order to harass, abuse, or harm
another person.
# Make improper use of our support services or submit false reports of abuse or
misconduct.
# Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material.
# Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Application to you.
# Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
# Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the Site.
# Use the Application as part of any effort to compete with us or otherwise use the
Application and/or the Content for any revenue-generating endeavor or commercial
enterprise.
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. The Company shall not be liable for any such addition, modification, suspension or discontinuation of the Services. We may from time to time change these Terms of Use. We will notify you before such changes apply to you, to the extent possible. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection there with. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application. We recommend that you periodically check this page for any revised terms. Your continued use of the Services will be deemed to constitute your acceptance of all such revised terms.
The Application does not offer users to submit or post content directly or independently.
We may provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or on the
Application, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the
Application and through third-party web Applications. As such, any Contributions you
transmit may be treated in accordance with the Application Privacy Policy. When you
create or make available any Contributions, you thereby represent and warrant that:
# The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
# You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Application, and other users
of the Application to use your Contributions in any manner contemplated by the
Application and these Terms of Use.
# You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness of
each and every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Application and these Terms of
Use.
# Your Contributions are not false, inaccurate, or misleading.
# Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
# Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libellous, slanderous, or otherwise objectionable (as determined by us).
# Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
# Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of
people.
# Your Contributions do not violate any applicable law, regulation, or rule.
# Your Contributions do not violate the privacy or publicity rights of any third party.
# Your Contributions do not violate any applicable law concerning child pornography,
or otherwise intended to protect the health or well-being of minors.
# Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
# Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
# Any use of the Application in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or suspension of your rights to
use the Application
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
We care about data privacy and security. Please review our Privacy Policy before using our Application. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Application is hosted in India. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you agree to have your data transferred to and processed in India.
We allow advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first and experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Access to the Application grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The Company reserves the right to suspend or terminate your access to the Application
and the Services with or without notice and to exercise any other remedy available
under law, in cases where:
a. You are in breach of any terms and conditions of these Terms;
b. The Company is unable to verify or authenticate any information provided to
Company by you;
c. The Company has reasonable grounds for suspecting any illegal, fraudulent, or
abusive activity on your part;
d. The Company believes in its sole discretion that your actions may cause legal liability
for you, other Users or for Company, or are contrary to the interests of the
Application or the Company.
e. Once temporarily or permanently suspended, or terminated, the User may not
continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons
mentioned herein, such User shall no longer have access to Content by such User on
the Application, to the extent permissible in law.
f. The User has the provision to appeal the suspension of the account by contacting
kuberaduedate@gmail.com
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE: i. FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; ii. FOR YOUR RELIANCE ON THE SERVICE; FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
User shall indemnify, defend at the Company’s option, and hold the Company, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with the Company, of these Terms.
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Kolhapur, Maharashtra shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Kolhapur in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.
These Terms of Use and any policies or operating rules posted by us on the Application or in respect to the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBAPPLICATION OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
In the event of any issues or grievances relating to the processing of Information, you may contact our Grievance cell at kuberaduedate@gmail.com or write to us at the following address: Kubera Business Consultants Private Limited, Reg Add- CS 729,SASHI PLAZA, SHAHUPURI, 3 LANE,, FLAT NO S4,, KOLHAPUR, Kolhapur, Maharashtra, India, 416001.