Terms of Service

Zeemetric - Terms of Service 26 minutes read

TERMS AND CONDITIONS

This Agreement was last revised on January 8th, 2020.

Contents

TERMS AND CONDITIONS

I.    INTRODUCTION

II.   DEFINITIONS

III.  INTERPRETATION

IV.   INTRODUCTION AND SCOPE

V.    MODIFICATIONS TO THE SERVICE

VI.   REGISTRATION

VII.  USER CONTENT

IX.   TRIAL PERIOD

X.    GENERAL CONDITIONS

XI.   LIMITED GUARANTEE

XII.  GEOGRAPHIC RESTRICTION

XIII. USER RESPONSIBILITIES

XIV.  CONTENT OWNERSHIP, RESPONSIBILITY, AND REMOVAL

XV.   EXCLUSION OF LIABILITY

XVI.  NO RESPONSIBILITY

XVII. RELEASE

XVIII.SPAM POLICY

XIX.  COPYRIGHT DIRECTIVE

XX.   THIRD-PARTY LINKS

XXI.  PERSONAL INFORMATION AND PRIVACY POLICY

XXII. ERRORS, INACCURACIES, AND OMISSIONS

XXIII.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

XXIV. COPYRIGHT AND TRADEMARK

XXV.  INDEMNIFICATION

XXVI. MISCELLANEOUS

 

I.  INTRODUCTION

www.zeemetric.com (“website”) and Application “Zeemetric” (“we,” “us,” or “our”) welcomes you.

We offer you access to our services through our “Website” and “Application” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  By accessing and using this Website and Application, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website and Application.

 

II.  DEFINITIONS

  “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website and Application;

  “Content” means text, graphics, images, music, software, audio, video, designs, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services;

  “Service” or “Services” refers to the Services as defined below offered through the website.

  “User”, “You” and “your” refers the person who is accessing for taking any service of this Website and Application;

  “Customer” refers to the user who accesses the website and makes the payment for availing the services available on the website;

  “We”, “us”, “our”  and “Company”are references to Zeemetric.com;

  “Website” or “Platform” shall mean and include "https:// www.zeemetric.com, Applications “Zeemetric” and any successor Website of the Company or any of its affiliates;

  “Customer Account” shall mean an electronic account opened by the user with the Platform to avail services offered through the Website;

 

III.  INTERPRETATION

  All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".

  Words importing any gender shall include all the other genders.

  Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

  All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

 

IV.  INTRODUCTION AND SCOPE

  Scope. These Terms govern your use of the Website and Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.

  Eligibility: Certain Service of the Website and Application is not available to users under the age of 18 or to any users suspended or removed from the system by us for any reason.

  Electronic Communication: When you use this Website/Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

SERVICES

Zeemetric helps you understand customer journeys and user behavior insights without drowning you in jumbling numbers, jargons and complex visualizations.

We are providing you a clean and simple interface with easy to understand analytics.

 

V.  MODIFICATIONS TO THE SERVICE

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the changes to our Website and Application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

 

VI.  REGISTRATION

If you access this Website/ Application anonymously, you will not be required to create a user name. But, to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

 

VII.  USER CONTENT

A.  Content Responsibility.

The website/ Application permits you to submit content, feedback, etc. but you are solely responsible for the content submitted by you. You represent that you have required permission to use the content.

When submitting content to the website/ Application, please do not submit content that:

  contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;

  is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;

  violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;

  discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;

  violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;

  sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website and Application without advanced notice.

 

VIII.  SUBSCRIPTION AND PAYMENT

  All the payments for any service available on the website and application shall be governed by our terms and conditions.

  For availing our services, the user has to subscribe to the appropriate Subscription Plan according to his requirements. You will be liable to pay us based on the Subscription Plan chosen. We have paid and fee plans. Paid plans have more features than the free/trial plans. These plans and their features are subject to change without prior notification as per the management's decision.

  While providing your details you must be careful and warrant that the information provided is true and accurate.

  Payment mode shall be:

  PayPal

  Stripe

  When you purchase a Subscription Plan, you expressly authorize us (or our third-party payment processor) to charge you for the term of your Subscription each time your payment is due under your Subscription Plan.

  We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”).

  You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.

  When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges).

  You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

  Subscriptions: If you purchase a Subscription, you will be charged the monthly or annual (as applicable) Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your subscription and each month or year (as applicable) thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations before cancellation of your Subscription by you or us.

  Users will subscribe to our services. We charge them based on the number of active devices per month. We use third-party services like stripe as part of our billing solutions

  The refund shall be allowed as per our refund policy.

  We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.

  We take customer feedback very seriously and use it to constantly improve our products and quality of service.


IX.  TRIAL PERIOD

We offer a free trial period of 3 days where the user may cancel the subscription without being charged, after the 3 days the amount for the plan you chose will be deducted.

Users must cancel subscription 24 hours before the trial expires else they will be charged a full payment for the period.

Note: We reserve the right of any changes in refund policy. Any changes will be updated on our website.


X.  GENERAL CONDITIONS

  We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.

  We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.

  The website/ Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.

  We shall have no liability to you for any failure to deliver Servies you have ordered or any delay in doing so if caused by any event or circumstances beyond our reasonable control including, without limitation, adverse weather, pandemics, strikes, lockouts, and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.

  We get the right to use any media (photos, graphic and videos) uploaded in the Application and Website.

  You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by www.zeemetric.com in advance.

  We are not responsible for any data, privacy, customer, monetary or any other kind of loss. We may see users' data on the device including messages, phone number, sim number etc.

 

XI.  LIMITED GUARANTEE

By this Website/ Application:

  We provide an opportunity for you to avail the offered services from our Website/ Application.

  We do not provide any warranty or guarantee that the service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website/ Application is not as described, your sole remedy is to intimate us about Services for taking further action.

 

XII.  GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website/ Application is invalid where banned.

 

XIII.  USER RESPONSIBILITIES

  You shall use the Service and Website/ Application for a lawful purpose and comply with all the applicable laws while using the Website and Application;

  You shall not use or access the Website/ Application for collecting any market research for some competing business;

  You shall not misrepresent or personate any person or entity for any false or illegal purpose;

  You will not use any device, scraper, or any automated thing to access the Website or Application for any means without taking permission.

  You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;

 You will not interfere with or try to interrupt the proper operation of the Website/ Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website/ Application through hacking, password or data mining, or any other means;

  You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website/ Application;

  You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

  You agree to comply with all applicable domestic laws, statutes, ordinances, and regulations regarding your use of our Website/ Application. We reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your user account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties

We reserve the right, in our sole and absolute discretion, to deny you access to the Website/ Application or any service, or any portion of the Website/ Application or service, without notice, and to remove any content.

 

XIV.  CONTENT OWNERSHIP, RESPONSIBILITY, AND REMOVAL

Definition

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, designs, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services;

 

Ownership

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws as applicable.

 

Your Responsibility for User Content

You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; (ii) you have obtained all consents and permissions from all Authorized Users and others, for your collection of the User Content contributed by them, and transmission and use thereof as contemplated herein; and (iii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation (including, any applicable local, national and international laws).

 

Removal of User Content

You can remove your User Content by specifically deleting it or deleting your Account. However, in certain instances, some of your User Content (such as archived copies of your Projects or Projects shared with other Team Members who are still working on it) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

Storage

WE ARE NOT RESPONSIBLE FOR STORING ANY USER CONTENT, AND WE RECOMMEND THAT YOU APPROPRIATELY BACK-UP ALL YOUR USER CONTENT. IN THE EVENT OF ANY LOSS OR CORRUPTION OF USER CONTENT, WE WILL USE OUR COMMERCIALLY REASONABLE EFFORTS TO RESTORE THE LOST OR CORRUPTED USER CONTENT FROM THE LATEST BACKUP OF SUCH USER CONTENT MAINTAINED BY US IN THE NORMAL COURSE OF BUSINESS USING OUR STANDARD ARCHIVAL PROCEDURES. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF ANY USER CONTENT.

 

XV.  EXCLUSION OF LIABILITY

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.zeemetric.com Website and Application including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Zeemetric.com, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.

 

XVI.  NO RESPONSIBILITY

We are not responsible to you for:

  any reliance that you may place on any material or commentary posted on our website or Application. Please note that nothing contained in our website and Application or the material published on it is intended to amount to advice on which you should rely; or

  any losses you suffer because the information you put into our website and Application is inaccurate or incomplete; or

  any losses you suffer because you cannot use our website and Application at any time; or

  any errors in or omissions from our website or Application; or

  any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website or Application; or

  any unauthorized access or loss of personal information that is beyond our control.

 

XVII.  RELEASE

You release us and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arising from your use of the Services (collectively, “Claims”).

 

XVIII.  SPAM POLICY

You are strictly prohibited from using the Website or any of our's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

 

XIX.  COPYRIGHT DIRECTIVE

If you have an intellectual property rights-related complaint about material posted on the website, you may contact our Designated Agent using the information below.

www.zeemetric.com

ATTN: Legal Department (Copyright Notification)

Email: business@noicelabs.com

Any notice alleging that materials hosted by or distributed through the website infringe intellectual property rights must include the following information:

  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

  a description of the copyrighted work or other intellectual property that you claim has been infringed;

  a description of the material that you claim is infringing and where it is located on the Website;

  your address, telephone number, and email address;

  a statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

  a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

XX.  THIRD-PARTY LINKS

The Website and Application may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

 

XXI.  PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website and Application, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

 

XXII.  ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website and Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website or Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

 

XXIII.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE, APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE/APPLICATION WILL OPERATE ERROR-FREE OR THAT THE WEBSITE/APPLICATION, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE/APPLICATION OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE AND APPLICATION MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE/APPLICATION.  THE WEBSITE/APPLICATION MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES AND APPLICATION DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE/APPLICATION AT ANY TIME WITHOUT NOTICE.

 

XXIV.  COPYRIGHT AND TRADEMARK

The Website/Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website/Application automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website/ Application are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website /Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website/ Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

 

XXV.  INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website/ Application.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

XXVI.  MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

DISPUTE RESOLUTION

If a dispute arises between you and website www.zeemetric.com, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and mobile application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a "Claim") in accordance with this section entitled "Dispute Resolution." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.

ARBITRATION OPTION

For any claim arising between you and www.zeemetric.com (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of India and the State of Maharashtra without giving effect to any principles of conflicts of law. The courts of the State of Maharastra shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at business@noicelabs.com.

Last updated on: 27 April, 2021