Cuespark

Terms And Conditions

DatePlatter Private Limited with its registered office at C 201, Civitech Sampriti, GH 02/C, Sector 77 Rd, Sector 77, Noida, Noida , Uttar Pradesh is the creator, owner and publisher of the Platform DatePlatter, which includes both the Webiste and Mobile Application (hereinafter referred to as “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, updated (temporarily or permanently) from time to time at the discretion of the Company.

These terms of use (“Terms”), including the various policies incorporated by reference in these Terms, govern your access to and use of this Platform and the underlying services provided by us through the Platform, including our SMS, APIs, email notifications, ads, commerce services, and our other covered services that may link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as “Content”). Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and the Company. When You use any of the Services provided by Us through the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. If you transact on our Platform, you shall be subject to the policies that are applicable for such transaction.

Please read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Conditions. Terms and Conditions together with the Privacy Policy is hereinafter collectively referred to as the Terms.

If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between the DatePlatter and you in connection with your use of the Online Platform, as defined below. If you have any questions regarding our services, you can email us at support@dateplatter.com.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of this Platform (“Platform”).

In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.

IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:
1. “Services” shall mean Services listed on the Platform by Vendor as a part of the Services, for purchase by Buyers;
2. “Vendor” shall mean a user who has executed a Vendor Contract with us for the listing of their services on the Platform, to be offered for sale or made available for purchase and who has agreed to register on the platform as a Vendor for this purpose;
3. “We”, “Us”, or “DatePlatter”, shall mean DatePlatter Private Limited, its affiliates, permitted assigns and partners, and the terms “Our” and “our” shall be construed accordingly; and
4. “You”, “User” shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the Platform, or using the Platform or the Services offered through the Platform, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number and email while registering on the Platform (“Registration Data”), and the terms “Your” shall be construed accordingly.
APPLICABILITY OF TERMS:
1. By accessing and/or using all or a portion of the Services, You acknowledge and agree that:
  1. You have read and understood the Terms;
  2. The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
  3. Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;
  4. Written approval is not a prerequisite to the validity or enforceability of the Terms.
2. The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:
  1. The Indian Contract Act, 1872;
  2. The (Indian) Information Technology Act, 2000;
  3. Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009;
  4. Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules 2009;
  5. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”);
  6. The orders, rules, regulations, guidelines, notifications and clarifications issued by any legislative, regulatory or governmental authority at central, state or local level.
MODIFICATION OF TERMS
1. The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time. Such changes shall be notified to you to your registered email address. Your continued use of the Online Platform following such notification constitutes your agreement to follow and be bound by the Terms so modified
2. If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
3. These Terms allows the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services.
CONDITIONS OF USE
1. You warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and agree to use the Services in accordance with this Agreement.
2. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) create a Customer account and/or use the Site, you agree to: (i) supervise the Minor’s use of the Site and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their Customer account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
3. The Services are provided to you only for your personal, non-commercial use. You shall not resell the Services ordered from the Platform.
4. You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.
5. The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email address, QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense or damage incurred by you as a result of you accessing the platform and utilizing its services via access links, SMS notifications, OTPs, email address, QR codes etc. which have not been delivered to you personally by the Company.
6. You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services.
7. For the purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user-visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing.
REGISTRATION
1. To fully avail the Services of the Platform, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes Name, Email ID, Mobile Number and Address. Users who register with us can avail the Services of the Platform. The Platform offers the Users an option of signing up through other third-party social networking sites, including but not limited to Gmail, etc. Upon such signup, our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name and gender, and all such information is stored in Our system. Users who do not want to register with Us can check out as a guest and avail the services.
2. Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference. Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
3. By using this Platform and providing your contact information to us through the Platform, you hereby agree and consent to receiving calls, autodialled and/or pre-recorded message calls, e-mails SMSs, WhatsApp and other messenger calls, messages from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls / email messages / text messages, you may send an e-mail to the effect to support@dateplatter.com. You agree and acknowledge that it may take up to seven (7) business days for us to give effect to such a request by you.
LIMITED USE
1. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that DatePlatter name is stated as the source and prior written permission of DatePlatter is sought. For the removal of any doubt, it is clarified that unlimited or complete or partial reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
2. Throughout these Terms, DatePlatter prior written consent means a communication issued by DatePlatter legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
CANCELLATION, REFUNDS AND RETURNS
1. This policy becomes effective only after we successfully receive the payment from you via the approved payment methods, and the funds are credited to the DatePlatter Account. Please note that DatePlatter will only be responsible for payments conducted through authorized DatePlatter channels, which include payment to authorized DatePlatter Representatives, using QR codes, online payments to DatePlatter accounts, and payments made by cheque or Demand Draft in favor of DatePlatter.
2. Each service provided by different vendors will have its own cancellation policies. It is crucial to note that these policies may vary over time, determined by the vendor; however, refunds will be processed in accordance with the cancellation policies that were in effect at the time of service booking. In general, Any applicable refunds shall be permissible in the following circumstances only:
  1. In the event of non-delivery of Services resulting from an act or omission on the part of the Vendor
  2. In the event of unreasonable delays to the delivery time frame without prior intimation to you;
  3. Refund from DatePlatter is only applicable if the customer makes direct payments (here payment refers to full charges or token charges for booked services, excluding platform processing or/and booking charges fees.), through the DatePlatter portal for booking vendor services or via the Vendor portal managed by DatePlatter, including the booked services charges, either full or token payment of selected services were done online, excluding platform processing fees or booking charges. If the customer makes direct payments to the vendor, in any form (online or offline), DatePlatter is not responsible for such settlements, and any refund is subject to the discretion of DatePlatter. Refund from DatePlatter is only applicable if the amount is received by DatePlatter in its bank account. If the customer issues a cheque or DD to DatePlatter authorized agents and faces issues such as bounce, DatePlatter reserves the right to decide whether to settle the refund between the customer and the vendor.
  4. If the vendor cancels a booked service, amount paid to DatePlatter for booking services (including the booked services charges, either full or token payment of selected services were done online, including platform processing fees or booking charges), refund will be issued to the customer. DatePlatter, at its discretion, may collect processing charges from the vendor for the booked services.
  5. Refund for customer-initiated cancellations is subject to the cancellation policies mentioned on the service catalog page at the time of booking. Customer's responsibility to read and understand services, delivery patterns, and cancellation policies before booking.
  6. Refund calculations are based on the price and cancellation policies in effect at the time of booking. Customers cannot enforce refunds based on changed policies.
  7. Refund for delivered services' quality, in extreme cases, is at the discretion of DatePlatter and the vendor. Customers agree to variations in service quality as mentioned on the portal.
  8. Customers are advised to use DatePlatter's authorized payment modes for bookings. DatePlatter is not responsible for any fraud payments made to unauthorized representatives. Customers must be cautious, and any such payment will be considered unpaid.
  9. Services can be booked using payment on service delivery. DatePlatter is not responsible for any bookings done without payment (here payment refers to full charges or token charges for booked services , excluding platform processing fees and booking charges), cancellations, service changes, or delays.
  10. In case of direct financial transactions between customers and vendors, DatePlatter assumes no responsibility for financial refunds. Any disputes regarding financial matters must be resolved directly between the customer and the vendor. In the event of harm caused to DatePlatter, be it physical, electronic, or financial, the platform reserves the right to pursue legal actions and impose penalties against the responsible party.
3. Should a vendor decide to cancel a service for any reason, DatePlatter disclaims any liability for resulting damages to the customer, encompassing physical, reputational, or experiential harm. Under no circumstances can DatePlatter be subjected to penalties or legal actions initiated by the customer arising from service cancellations. The sole remedy in such situations will be the refund process, governed by the cancellation policies of the services, specifically applicable if the payment was made through authorized DatePlatter channels. The customer acknowledges that booking services is done at their discretion, and they assume responsibility for their bookings. In such instances, DatePlatter, at its discretion, reserves the right to take corrective actions against the vendor to prevent the recurrence of service cancellations. Furthermore, should the customer attempt to defame or cause any form of damage to DatePlatter, DatePlatter retains the right to pursue legal action, impose penalties, or both, against the customer.
4. The maximum period for submitting a refund or return request is 30 working days from the date following the completion of payment and the successful receipt of the payment in the DatePlatter account. This time frame is inclusive of potential delays caused by payment methods such as cheques or DDs, which are subject to clearance. It's important to note that DatePlatter, in cases of direct financial transactions between the customer and the vendor (either partial or complete), will not be responsible for financial refunds. In such instances, customers are required to engage in mutual settlements with the vendor. The responsibility for financial transactions and refunds, in case of direct dealings, lies solely with the parties involved.
5. No refunds or returns shall be processed in the following circumstances:
  1. DatePlatter shall not entertain refund requests for payments made through non-DatePlatter authorized channels. This includes full charges or token charges associated with booked services, excluding platform processing fees. DatePlatter disclaims responsibility for finances related to cancellation and refund policies initiated outside its authorized payment channels.
  2. Once services have been successfully delivered to the customer, and financial settlements for the booked services are completed, no refunds will be processed by DatePlatter. This policy is applicable regardless of the circumstances, and customers are encouraged to review and adhere to DatePlatter's refund policy outlined for authorized transactions through its platform.
  3. Prices, cancellation, and refund policies for the same services may vary over time. The policies applicable at the time of booking will be considered final, and any changes post-booking will not be subject to refund arguments. Customers have the option to cancel existing bookings and make fresh bookings, adhering to the prevailing cancellation and refund policies.
  4. In situations such as natural calamities, accidents, lockdowns, or any circumstances that clearly impede the delivery of services, refunds will be solely at the discretion of DatePlatter. Customers are advised to consider this before booking services.
  5. If a customer initially books services for a specific duration and later wishes to extend the service duration, it depends on the goodwill and mutual agreement between DatePlatter, the vendor, and the customer. Refund requests arising from demands for overtime without prior booking for extra time will be considered void, and no refund will be issued.
  6. Refunds, including money credited to DatePlatter's account, shall be processed within 30 days from the date the refund request is accepted by the company. This includes cases where payments are made through other authorized modes such as cheques or DDs.
6. Once booked, services on DatePlatter are non-returnable. Customers have the option to cancel a booked service, and any refund will be subject to the cancellation policies that were in effect at the time of booking. It is important to note that services cannot be physically returned; hence, cancellations and refund processes will be carried out according to the terms specified in the cancellation policies prevalent at the time of the initial booking.
7. If the quality of any services booked through the Platform does not align with the specifications displayed on the Platform, DatePlatter holds no responsibility for any damage or loss incurred by the customer in any form. Refunds via DatePlatter will only be processed if the customer booked the service after paying a token or full amount and exclusively through DatePlatter's authorized payment modes. Refunds, in cases of quality discrepancies or service dissatisfaction, are subject to mutual settlement and agreement between the customer and the vendor. It is important to note that a full refund is not guaranteed, and the terms will be as per the applicable refund policies, including those for delayed delivery if applicable during the service booking. No refund is applicable if a customer books services without making a payment (payment refers to full charges or token charges for booked services , excluding platform processing fees and booking charges), especially in cases of payment on delivery. The quality of services may vary and may not precisely match the representations on the portal. Customers are expected to have thoroughly read about the services, their delivery patterns, cancellation policies, and it remains the sole responsibility of the customer.
8. You authorize the Company to contact you for further processing of any such request via the contact information provided by you during registration.
PAYMENT
1. CHARGES: The use of this Platform, including browsing the Platform is free of cost. The Customers are only required to pay for the Services which they wish to Avail from the Platform. All prices listed on the Platform are in Indian Rupees.
2. After you have added Services to the shopping cart, and proceed to the checkout section, you will be asked for your contact information, as well as payment related information. To process such financial transactions, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these terms and the ESP's terms and conditions, these terms shall prevail.
3. Unless otherwise stated, To place a valid order on the Platform, you are required to complete the transaction, including making payment for the Services opted for. Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from you.
4. DatePlatter offers various payment modes to facilitate transactions, ensuring flexibility for customers based on the amount, situations, and the chosen mode of payment:
  1. Secure online payment processing for swift transactions.
  2. Direct payments to DatePlatter representatives for in-person transactions.
  3. Convenient payment through scanning QR codes associated with DatePlatter.
  4. Direct online transfers to the DatePlatter account.
  5. Traditional payment methods involving cheques or demand drafts.
  6. Electronic transfers directly to the DatePlatter account.
  7. An option for customers to pay in cash upon the delivery of services, to an authorized DatePlatter representative, which will be informed prior.
5. The availability of these payment modes allows customers to choose the most suitable and convenient option based on their preferences and the nature of the transaction.
6. It is at this stage that your order is successfully placed. Thereafter, the Services availed by you will be activated based on successful completion of verification of information furnished by you and approval from the respective vendor. You are hereby expressly made aware that your card statements will reflect that a payment has been made in favour of us. By placing an order on the site, you expressly agree to the terms and conditions and payment policy published in the appropriate section of that Platform, or affiliated Platforms where reference to such affiliated Platforms has been specifically made. If the vendor has not accepted/ approved the service booking, we shall refund the money within 15 working days.
7. While availing any of the payment method/s available through the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
  1. Lack of authorization for any transaction(s), or
  2. Exceeding the preset limit mutually agreed by You and between ”Bank(s)”, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason(s).
DISCLAIMERS
1. You acknowledge and agree that you avail the services listed on the platform at your own risk. You acknowledge and agree that Services are are not directy provided by DatePlatter in its own name, and DatePlatter does not have any rights or title to such contents, except for the right to market and deliver the same to you.
2. You further acknowledge that the Services are third party Services, and in case of any dispute with respect to these contents, including but not limited to their quality, quantity, usage, shall be directed by you to the Vendor.
3. While the Company endeavors to include only quality Services, the Company gives no warranty of fitness for the purpose of any of the Services.
4. You understand and acknowledge that the Services as displayed on the Platform, are indicative only and may differ from the actual service received.
5. The Services are provided on an "as is," "as available" basis. The Company makes no representations or warranties of any kind with respect to the Services provided by the Company. The Company assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services.
6. The Company expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, that the Services will function without interruption or errors in functioning, that there will not be disturbances related to internet service providers, cellular service providers, and cellular network operators or saturation of the internet network and for any other reason, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or work with any third-party software, applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Company disclaims all liability for damages caused by any such interruption or errors in functioning.
7. The Company disclaims all liability and responsibility with respect to your use of the Platform and the Services, including but not limited to your use of third-party payment gateways, exposure of content to minors, security of devices used to access the Platform.
8. The Company takes all reasonable efforts to ensure that your use of the Platform is safe and is in line with safety and security practices for digital platforms. However, the Company in no way assumes responsibility for data safety and security practices and standards of any third-party service provider embedded in the Platform.
9. DatePlatter disclaims all representations and warranties including but not limited with respect to accuracy, completeness, correctness, reliability, truthfulness, relevance of description of the Services, other content or information, feedback, opinions, reviews, suggestions, recommendations that may be displayed on the Platform.
10. DatePlatter unequivocally disclaims responsibility for any damages arising from vendor-to-customer, customer-to-vendor, or mutual harm, whether physical, related to services, materials, human resources, or disciplinary matters. ]
YOUR OBLIGATIONS
1. You agree and undertake that you are accessing the Platform and transacting at your sole risk and that you are using your best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
2. You agree that they are solely responsible to us and to any third party for any breach of Your obligations under the Terms of Use and for the consequences including any loss or damage which we or our affiliates may suffer for any such breach.
3. You agree and acknowledge that we are not directly providing the services to you and the Platform shall in no manner be deemed to be the Service Provider of the Services listed on this Platform. We are only facilitating in providing the Services to You.
4. You agree that we may, at any time, modify or discontinue all or part of the Platform, charge, modify or waive fees required to use the Platform, or offer opportunities to some or all Platform Users.
5. You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Platform. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card.
6. You agree to use the Platform and the Services provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
7. You agree and understand that all services availed from the Platform are made pursuant to a shipment contract which means that the risk of loss and title for such items passed to you upon our delivery to the carrier.
REVIEWS, FEEDBACK AND DATA RETENTION
1. You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the Services availed by you. It is up to your discretion to submit the same.
2. You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions or reviews relating to Services availed by you. You agree not to post or publish any content on the Online Platform that amounts to:
  1. An infringement of any Company or third-party intellectual property or privacy rights.
  2. A violation of applicable laws or regulations, including but not limited to the relevant rules under Information technology Act, 2000.
  3. Defamation.
3. The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms. You agree to be contacted by the Company via telephonic or electronic communication or via SMS for the purposes of obtaining feedback in relation to the Services availed, dispute resolution, complaint resolution, any further information. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research, consumer behaviors and profiling, data analytics, tracking market trends on an anonymized basis.
4. The Company is deemed to be a mere “intermediary” as defined under the applicable laws with respect to publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to publishing of your information and content. The Company is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by you on Platform.
5. The Company may retain such information and content provide by you on the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Sensitive Personal Information Rules.
6. We have no obligation to monitor the materials posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES WITH THE VENDORS. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content Which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
INTELLECTUAL PROPERTY RIGHTS
1. The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or reviews relating to the Services or use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymized consumer profiling data, know-how, packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the "Company Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company.
2. The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble the services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property;
3. Your use of the Platform and the Services does not include an authority to resell or commercially use the Platform, the Services and DatePlatter or its contents, Service listings, description, packaging (including but not limited to size, design, color, pattern), prices, images, texts, page layout, illustrations for the benefit of another merchant, including but not limited to by way of data mining, robot applications or data gathering and extraction tools. No part of the Services and no part of Platform and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any digital platform or any other computer, server, application, Platform or other medium for publication or distribution or for any commercial enterprise, without DatePlatter express prior written consent.
LIMITATION OF LIABILITY

Please read this section carefully as it limits the liability of DatePlatter and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the DatePlatter”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, DATEPLATTER DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Without prejudice to the foregoing, the DATEPLATTER makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the [DatePlatter or through the Services, will create any warranty or representation not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DATEPLATTER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DATEPLATTER EXCEED THE AMOUNT YOU PAID DATEPLATTER, FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT DATEPLATTER HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION
1. You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms, including but not limited to obligations stated therein relating to representation, warranty, intellectual property, access by minors, any applicable rule, regulation or law, your access or use of the Services and the Platform.
FORCE MAJEURE
1. The Company will not be responsible for a breach of the Terms, damages, losses, costs or expenses, caused by any failure or delay of performance of Services and disruption to the Platform if such failure or delay is caused by an act of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act of God, pandemics, lockdowns, Labour stoppages, an electrical, internet, cellular network or telecommunication failure or power outage, government restrictions, political strikes or another event outside the reasonable control of the Company.
INVALIDITY
1. If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
SEVERABILITY
1. In the event any provision of the Terms become void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.
GOVERNING LAW AND JURISDICTION
1. These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Noida , Uttar Pradesh, India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.
2. Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within Thirty (30) days after the commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Noida , Uttar Pradesh, India, and the language of the proceedings shall be English.
3. The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under these Terms.
GENERAL
1. The Company's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
2. The Terms contain the entire agreement between the you and the Company and supersedes all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.
3. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.
4. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you.