Terms Of Use – Mad Over Creations

Posted as of 20 / 8 / 2021

Last updated as of 20 / 8 / 2021
Welcome to Madovercreations Terms of Use
This Website is created and operated by Mad over creations, having its registered address at “07, plot 136, Ankur Building, Govindji Keni road, Naigaon Dadar east, Mumbai City, Maharashtra, 400014” represented by its Partners, hereinafter referred to as the “Website” (where such expression shall unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted assigns).
This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of “www.madovercreations.com” (“Website/platform”)
The creator of these Terms of Use ensures your steady usage to the Website without any obstructions. This document contains information about the Website “www.madovercreations.com” (herein after referred to as the “Platform”).
For the purpose of these Terms of Use (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Website, as the context so requires. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Users of this Platform availing the services of the platform and the same shall be as the context so requires and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Website, Website or individual apart from the Users and the creator of this platform. “Platform” refers to the Website and Website created by the Website which provides the User to avail services of or from the Website through the Website. “Service Providers” refers to any individual, group of individuals defined under a law whose services are used by the Platform and/or the Website in order to provide the intended Services to You through the Platform. “Participating Platforms / Merchant Partners” refers to Websites and Platforms that accepts permitted Platform Services to make a payment against products or services offered by such platforms. “Terms of Service”/”Terms and Conditions” – are interchangeably used and shall have the same meaning.

GENERAL TERMS

The headings of each section in these Terms or Privacy Policy are only for the purpose of organizing the various provisions under these Terms and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the User. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on the User availing the services from the Platform.
The use of this Platform by the Users is solely governed by these Terms, Privacy Policy and as well as other policies that may be uploaded on the platform the purpose of the Users effective applicability, and any modifications or amendments made thereto by the Website, from time to time, at its sole discretion. If you as a User continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions, Privacy Policy and such other policy as that may be available and applicable on the Users of the Platform.

The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

The User unequivocally agrees that these Terms and the aforementioned Policies constitute a legally binding agreement between the User and the Website, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
The Website reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
By check-marking acceptance or accessing, using or installing any part of the services, you expressly agree to and consent to being legally and irrevocably bound by this agreement and all of the terms set out herein. if you do not agree to this agreement, then you shall not use the services, the platform will promptly cancel the association and you should not access, use or install all or any part of services.

SERVICES OVERVIEW

The Website “www.madovercreations.com” is Platform that deals in variety of services including but not limited to Art & Craft supplies, Gift Items (Handmade and Machine-made)s providing online tutorials all at affordable rates with amazing discounts, coupons and promo codes.

REGISTRATION

Registration is mandatory for all users of the platform. The Registrations shall be deemed complete only upon the user’s authentication and verification of the user’s details through the mobile or email authentication. You understand and acknowledge that in order to use the Platform Services for any other purpose, you shall notify Platform in writing of such change and such change will be subject to approval by Platform.

Name
Mobile No
Email Id
Address

ELIGIBILITY

The Users jointly represents and warrants that they are competent and eligible to enter into legally binding agreements and they have the requisite authority to bind themselves to these Terms following the Law.
The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the You or third parties and the Platform has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.

All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Website and the copyright owner.

The Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Website.

INDEMNITY

The Users of this Platform agree to indemnify, defend and hold harmless the Website/Platform, and their respective directors, officers, employees and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Website/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:

User’s use of the Platform,
User’s violation of these Terms and Conditions;
User’s violation of any rights of another;
User’s alleged improper conduct according to these Terms;
User’s conduct in connection with the Platform;

User agrees to fully cooperate in indemnifying the Website and the Platform at the user’s expense. The user also agrees not to settle with any party without the consent of the Website.

In no event shall the Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Website/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

The Founders/ Promoters/ Partners/ Associated people of the Website/Platform are not responsible for any consequences arising out of the following events:
a The Founders/ Promoters/ Partners/ Associated people of the Website Platform are not responsible for any consequences arising out of the following events
i. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity,
server failure;
ii If the User has fed incorrect information or data or for any deletion of data
iii. If there is an undue delay or inability to communicate through email
iv. If there is any deficiency or defect in the Services managed by Us
V.If there is a failure in the functioning of any other service provided by the Platform

If there is an undue delay or inability to communicate through email;

If there is any deficiency or defect in the Services managed by Us;
If there is a failure in the functioning of any other service provided by the Platform.

The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
Users are to comply with all laws applicable to them or their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

TERM

These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms. The Website may change the terms of service at any point of time.
The Users may terminate their use of the Platform at any time.
The Website may terminate these Terms and close any account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit our right to take any other action against you that the Website considers appropriate.
It is also hereby declared that the Website may discontinue the Services and Platforms without any prior notice.
The users shall view videos for 1 year for onetime payment. Thereafter, for next 1 year, user shall repay the same amount for further 1 year view ship.
In case the user wishes to sell the content on the platform, user can remove the respective project post 1 year only after intimating the platform via email provided on the website.
In case the user wishes to sell on the platform the platform may deduct 35% of the amount which includes 18% GST and remaining 17% towards marketing, professional & maintenance charges.
The User shall receive the following shares of profits (in %) excluding the 18% tax which will be levied over and above selling price (paid by customers) who intend to view the content, subject to change in the future –

65:35
70:30 – if client provides first 5 references.

77:23 – if client provides an addition 5 references (5 + 5).
1. In case the user wishes to sell on the platform, the user shall register and upload their respective projects videos while registration. The team shall check the quality of audio and video as well as the creativity aspect and will approve the same within 03 to 20 working days.
2. For the users selling on the platform, amount shall be paid at the end of every
3. The User can upload the video only on the Website. If the video is found on another website, the User, if found guilty will be liable for their actions.

PAYMENT

You agree to pay the fees for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. Madovercreations works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

OWNERSHIP OF CONTENT

The content you post as a teacher or instructor remains yours. By posting content, you allow Madovercreations to reuse and share it but you do not lose any ownership rights you may have over your content.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed).
You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit.

TERMINATION

The Website reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Platform, or any portion thereof, at any time, without notice or cause.
The Platform also reserves the universal right to deny access to particular users, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other visitors to the Platform.
The Platform reserves the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

COMMUNICATION

By using this Platform and providing his/her identity and contact information to the Website through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Website and/or any of its representatives at any time. (only with users c report onsent)

Users can to “madovercraft1992@gmail.com” if they find any discrepancy with regard to Platform or content-related information and the Website will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Website or any representatives relating to any services availed by the User on the Platform or anything pursuant thereto and the Users agrees to indemnify the Website from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Website shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted user of this Platform and that they:

Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. Website is not liable if the User has provided incorrect information.
Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
Users agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Website reserves the right to close your account at any time for any or no reason.
Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for easy and ready reference for the User, and to streamline the Services through the Platform.
Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
Understand and agree that, to the fullest extent permissible by law, the Platform/Website and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Website.
Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Website disclaims any liabilities arising concerning such offensive content on the Platform.
Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Website and that the Website is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Website may then remove from the Platform, at its sole discretion.
Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Website from whom the Users are utilizing services.

The User further undertakes not to:

Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Commit any act that causes the Website to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Website/Platform;

Further:

The User hereby expressly authorizes the Website/Platform to disclose any and all information relating to the User in the possession of the Website/Platform to law enforcement or other government officials, as the Website may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Website/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
By indicating User’s acceptance to purchase any service offered on the site, the user is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.
The User agrees to use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only.
The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any such instances, the Website reserves all rights to cancel the current and future orders and block the concerned User account.
The User agrees to provide authentic and true information. The Website reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Website shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated Websites without prior intimation whatsoever.
The User agrees not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
belongs to another person and to which the User has no right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

is in any way harmful to minors;

infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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;
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 offence or prevents investigation of any offence or is insulting any other nation.

GOOGLE ANALYTICS
We use Google Analytics to help us to understand how you make use of our content and work out how we can make things better. These cookies follow your progress through us, collecting anonymous data on where you have come from, which pages you visit, and how long you spend on the site. This data is then stored by Google to create reports. These cookies do not store your personal data.

The information generated by the cookie about your use of the Website, including your IP address, may be transmitted to and stored by Google on servers in the United States. Google may use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

The Google website contains further information about Analytics and a copy of Google’s privacy policy pages.

GOOGLE AD SENSE
Google Ad Sense is a tool that allows website publishers to deliver advertisements to site visitors in exchange for revenue calculated on a per-click or per-impression basis. To do this, Google uses cookies and tracking technology to deliver ads personalized to a website user/visitor. In this regard the following terms are specified to the Users:

Third-party vendors, including Google, use cookies to serve ads based on your prior visits to our website or other websites.
Google’s use of advertising cookies enables us and our partners to serve advertisements to you based on their visit to our Platform and/or other websites on the Internet.
You may opt-out of personalized advertising by visiting Ads Settings.
All advertisements of third parties on our Platform are for informative purposes only and neither the Platform nor the Company guarantees or bears liability for the authenticity of the advertisements.
At no point will the Company permit its Competitors to advertise on the Platform
You may visit the links in the advertisements at your own risk or choose to not accept the cookies permitting third parties to display their advertisements.

COOKIES

We use data collection devices such as “cookies” on certain pages of our Mobile Applications. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information which is targeted to your interests. Cookies may be used to identify logged in or registered users. Our Mobile Application uses session cookies to ensure that you have a good experience. These cookies contain a unique number, your ‘session ID’, which allows our server to recognize your computer and ‘remember’ what you’ve done on the site. The benefits of this are: a. You only need to log in once if you’re navigating secure areas of the site b. Our server can distinguish between your computer and other users, so you can see the information that you have requested. You can choose to accept or decline cookies by modifying your browser settings if you prefer. This may prevent you from taking full advantage of the Mobile Application. We also use various third-party cookies for usage, behavioral, analytics and preferences data.

The following are the different types of cookies used on the Website: a. Authentication cookies: To identify the user and share the content that he or she requested. b. Functionality cookies: For the customized user experience and resuming past course progress. c. Tracking, optimization, and targeting cookies: To capture usage metric on the device, operating system, browser, etc. To capture behavioral metrics for better content delivery. To cater and suggest most suited services and services.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Website may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to the usage of the Platform to the User, without being required to provide the User with notice or cause:

If the User is in breach any of these Terms or the Privacy Policy;
If the User has provided wrong, inaccurate, incomplete or incorrect information;

If the User’s actions may cause any harm, damage or loss to the other Users or the Website, at the sole discretion of the Website.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Website or the respective copyright or trademark owner. Furthermore, concerning the Platform created by the Website, the Website shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Website/Platform, to be determined in the sole discretion of the Website.

The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website or any other User. The User is aware that the Website merely provides a platform through which the Users can communicate and schedule meetings, and the Website/Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy

DISCLAIMER OF WARRANTIES AND LIABILITIES

The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
The Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any associated risks involved with the User’s use of the Platform.

It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

FORCE MAJEURE

Neither the Website nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Website, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai, Maharashtra, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

NOTICES/GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Website by the User by emailing to “madovercraft1992@gmail.com”

MISCELLANEOUS PROVISIONS

Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Website with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Contact Us: If you have any questions about this Policy or any other policy, the practices of the Platform, or your experience, you can contact us at madovercraft1992@gmail.com