This End-User User Agreement and Terms of Service ("Terms") are made between Dextral Solutions Private Limited, an Indian private limited company incorporated under the Companies Act, 1956, with its registered office at [Registered address];] and you.
In these Terms, all references to "you" or "user" shall mean the end-user accessing the Website, its contents and using the services offered through the Website. "Service providers" mean independent third party service providers. All references to "we", "us" and "our" shall mean Dextral Solutions Private Limted.
The domain name www.twikster.com ("Website") is owned by Dextral Solutions Private Limted. Dextral Solutions Private Limted offers this web site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this site indicates that you have read, acknowledged and agreed to these Terms.
These Terms are published in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 notified by the Central Government in the Gazette of India Extraordinary vide Notification GSR 314(E) on 11 April 2011 ("Intermediaries Rules"). These Terms constitute an electronic record for the purposes of the Information Technology Act, 2000 ("IT Act").
You agree that you will not host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
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 in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or,
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 cognisable offence or prevents investigation of any offence or is insulting to any other nation.
You agree that in the event of any non-compliance with these Terms, we have the right to immediately terminate your access or usage rights to this Website and our services and/or remove any information that is, or is deemed by us to be, non-compliant.
Use of This Website
Use of this Website is restricted to persons who are competent to contract within the meaning of section 11 of the Indian Contract Act, 1872.
All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by us, our licensors or our content providers and is protected by copyright, trademark and other applicable laws.
You may access, copy, download and print the material contained on this Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on this Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from this Website, or use of this Website for purposes competitive to us, is expressly prohibited.
You agree to abide by all additional restrictions displayed on this Website as it may be updated from time to time. We reserve the right to refuse or cancel your registration for this Website, remove you from this Website or prohibit you from using this Website for any reason whatsoever.
We or our licensors or content providers retain full and complete title to the material provided on this Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials on this Website will not infringe rights of third parties not affiliated with us.
Unauthorised use of this Website, any information contained therein and unauthorised entry into our systems is strictly prohibited. You may not use contact information provided on this Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of this Website or to surreptitiously intercept any system, data or personal information from this Website. You agree not to interrupt or attempt to interrupt the operation of this Website in any way.
We reserve the right, in our sole discretion, to limit or terminate your access to or use of this Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
You represent and warrant that you own or otherwise control all the rights to the content you supply; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.
You shall comply, and cause compliance, with all applicable provisions of any law, statute, ordinance, order, rule, regulation, bye-law, notification, custom, circular, press note, policy or other usage or mandatory requirement having, in the territory of India, the force of law.
Information on this Website
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain information that has typographical errors or inaccuracies. This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website. Your use of this Website constitutes agreement to all such changes. We may discontinue or change any product or service described or offered on this Website at any time.
Trademarks, Copyrights and other Proprietary Rights
You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to [list your marks – company name, brands, logos etc]. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without our express written consent. Further, you may not utilize any site content in any meta tags or any other "hidden text" techniques or technologies without our express written consent.
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of ours, our licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected under the Copyright Act, 1957.
Disclaimer of Warranties
Your use of this Website is at your sole risk. This Website is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to this Website or any feature or part thereof at any time. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on this Website are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to this Website will be uninterrupted or error-free; that this Website will be secure; that the site or the server that makes this Website available will be virus-free; or that information on this Website will be complete, accurate or timely. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from us shall create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on this Website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
You acknowledge and agree that you assume full responsibility for your use of this Website. You acknowledge and agree that any information you send or receive during your use of this Website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of this Website is at your own risk. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither we, our suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to this Website, or any other site you access through a link from this Website or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use this Website, or for any information, products or services advertised in or obtained through this Website, removal or deletion of any materials submitted or posted on this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if we, our affiliates or any of our suppliers have been advised of the possibility of damages.
This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither we nor our suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of this Website. Your sole and exclusive remedy for any of the above claims or any dispute with us is to discontinue your use of this Website. Subject to the terms of the Limitation Act, 1963, you agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues otherwise the cause of action is permanently barred.
You agree to indemnify us, defend us and hold us harmless, including our affiliates and our officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of this Website and any violation of these Terms. If you cause a technical disruption to this Website or the systems transmitting this Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. We reserve the right to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such an event, you agree to cooperate with us in the defence of such matter.
Governing Law, Jurisdiction and Definitive Agreement
This Website is controlled, operated and administered within India. We do not make any representation that materials on this Website are appropriate or available for use at other locations outside India and access to them from territories where their contents are illegal is prohibited. You may not use this Website in violation of Indian export laws and regulations. If you access this Website from locations outside India, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the courts at Bangalore shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with your use of this Website and these Terms.
This Agreement constitutes the entire agreement between you and us with respect to your use of this Website. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
You shall ensure and enforce compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 that were notified by the Central Government in the Gazette of India vide Notification GSR 313(E) on 11 April 2011.
SUSPENSION AND TERMINATION
SUSPENSION: At the discretion of Dextral Solutions Praivate Limited, Dextral may suspend User's account by deactivating any access by User or by User's customers to any information contained on its Servers related to User's account while maintaining the information and data related to User's account upon the Servers. Suspension shall specifically include the disabling of User's Store and/or any access to information or data related to User's account. In the event of any such suspension User will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. User will remain responsible for the payment of any such fees during any such period of suspension.
TERMINATION: This Agreement and all of its terms shall remain in full force and effect until it is terminated in accordance with the terms of this Agreement. This Agreement may be terminated either by Reasoning (a) as provided in this Agreement, (b) after a period of suspension, or (c) upon thirty (30) days written notice. User may terminate this Agreement upon twenty-four hours notice by telephoning the designated customer support center. User's termination request may be recorded and will require User's user name and password and verification code. In the event of expiration or termination for any reason, the licenses shall automatically and immediately cease and User shall destroy all copies of the Software in User's possession, if any. Upon termination, there will be no refund provided to User except as set forth in the Price Policy and all outstanding fees owed by User shall become immediately due and payable. Termination shall not affect the rights of Dextral Solutions Private Limited to recover from User losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney's fees or expert witnesses' cost or other costs of any kind under this Agreement.
BREACH: Without limiting other remedies, Dextral Solutions Private Limited may limit Licensee's activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Licensee's account or Licensee's Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to Licensee on failure of payment, breach of this agreement or any term incorporated by reference or failure to verify or authenticate any information provided by Licensee or if Reasoning believes that Licensee's actions may cause financial loss or legal liability for Licensee, Licensee's Store customers, or Dextral Solutions Private Limted.