TERMS AND CONDITIONS

I. ACCEPTANCE OF TERMS OF USE AND OTHER POLICIES

  1. All references to "you" or "your", as applicable, means the person that accesses, uses, and/or participates in the defaeco platform (as defined below) in any manner ("Users"). If you use the defaeco platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms of Use will be deemed an acceptance by the entity you represent and "you" and "your" herein shall refer to such entity.

  1. Terms of Use. These terms of use (the "Terms of Use") govern your use of our website www.defaeco.in (the "Website") and our defaeco application for mobile and handheld devices (the "App") and any assignees and permitted licenses thereof. The Website and the App are jointly referred to as the "defaeco platform". The defaeco platform is currently owned and operated by defaeco Technologies Pvt. Ltd. ("defaeco"), a company incorporated under the Companies Act, 2013 and having its registered office at #360, 3rd Cross, BHEL Layout, 2nd stage extn, RR Nagar Bangalore - 560098, Karnataka, India. "We", "us", and "our" herein shall refer to defaeco and our associates/partners/successors/permitted assigns. Please read these Terms of Use thoroughly and carefully before you use the defaeco platform as they contain provisions that define your limits, legal rights and obligations with respect to your participation in the defaeco platform and your use of the services offered by the defaeco platform (such services, collectively called the "Services"). These Terms of Use and Privacy Policy (as defined below) constitute a legally binding agreement between defaeco and you. By installing, downloading or even merely using the defaeco platform, and by clicking on "I have read and agree to the terms of use" you shall be contracting with defaeco and you signify your acceptance to the Terms of Use and other defaeco policies (including but not limited to the Privacy Policy) as posted on the defaeco platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same. If you do not agree to the foregoing, you should not click to affirm your acceptance thereto, in which case you are prohibited from accessing or using the defaeco platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue accessing or participating in the Services offered by the defaeco platform immediately. By using the defaeco platform, you agree that the terms, conditions and disclaimers set out in these Terms of Use are reasonable.

  1. Privacy Policy. defaeco has established a privacy policy that explains to Users how their information ("User Content") is collected and stored ("Privacy Policy"). The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth. You use of the defaeco platform is governed by the Privacy Policy, which is located https://defaeco.in/privacy.html.

  1. Amendments to Terms of Use. These Terms of Use and any other document incorporated by reference are subject to modifications at any time. defaeco reserves the right to modify or change these Terms of Use and other defaeco policies at any time by posting changes on the domain of https://defaeco.in/terms.html , and you shall be liable to update yourself of such changes, if any, by accessing the changes on the domain. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other defaeco policies and note the changes made on the defaeco platform. If defaeco proposes any changes to the Terms of Use, you will be informed of the same by way of a 'pop up' which will appear on your screen. You are expected to review the revised term(s) and provide your consent. If you fail to do so, your existing registration will also stand terminated.

II. USE OF PLATFORM AND SERVICES

  1. Membership eligibility criteria.
  1. You need not register with defaeco to simply visit and view the defaeco platform, but to access and participate in certain features of the defaeco platform, you will need to create a password-protected account ("Account"). To create an Account, you must submit your name, mobile number and/or email address through the account registration page/screen on the defaeco platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but maybe helpful to defaeco in providing you with a more customized experience when using the defaeco platform. You may also register for an Account using your existing Facebook, Google, Twitter or any such other account and log-in credentials (your "Third-Party Site Account") as and when the feature is enabled and made available in the application. An Account holder is sometimes referred to on the defaeco platform as "Registered User" .
  2. Use of the defaeco platform is available only to individuals who are capable of forming legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the defaeco platform and Services offered by the defaeco platform do not violate any applicable law or regulation. Your Account may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. Further, if you are not of the authorized age and you access the defaeco platform, please be aware that it shall be assumed that your usage was authorized by such person, who is your parent or guardian and that such person has supervised your usage.
  3. We reserve the right to suspend or terminate your Account and your access to the Services (i) if any User Content provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other Users or us; and/or (iii) if you are found to be non- compliant with these Terms of Use.
  4. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account. You shall notify defaeco immediately in case of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without prior consent from defaeco. You agree that you will not misrepresent yourself or represent yourself as another User of the defaeco platform. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, defaeco or any others as a result of unauthorized use of your Account.
  1. Use of the Platform. You agree, undertake and confirm that your use of the defaeco platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
  • belongs to another person and which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to any content which is in violation of the provisions of the Indian Penal Code, 1860;
  • is misleading or misrepresentative in any way;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  • promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult);
  • tries to gain unauthorized access or exceeds the scope of authorized access to the defaeco platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the defaeco platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the defaeco platform. Throughout these Terms of Use, defaeco’s prior written consent means a communication coming from defaeco's legal department/authorized representative, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
  • solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
  • interferes with another User's use and enjoyment of the defaeco platform or any third party User and enjoyment of similar services;
  • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the defaeco platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate 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 contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
  • is false, inaccurate or misleading;
  • directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
  • creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
  1. You shall not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, data harvesting, 'framing' (iframes), article 'spinning') on or in relation to the defaeco platform without express written consent from defaeco.
  2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the defaeco platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the defaeco platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the defaeco platform. We reserve our right to prohibit any such activity.
  3. You shall not attempt to gain unauthorized access to any portion or feature of the defaeco platform, or any other systems or networks connected to the defaeco platform or to any server, computer, network, or to any of the services offered on or through the defaeco platform, by hacking, "password mining" or any other illegitimate means.
  4. You shall not probe, scan or test the vulnerability of the defaeco platform or any network connected to the defaeco platform nor breach the security or authentication measures on the defaeco platform or any network connected to the defaeco platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the defaeco platform, or any other Buyer, including any account on the defaeco platform not owned by you, to its source, or exploit the defaeco platform or any service or information made available or offered by or through the defaeco platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the defaeco platform.
  5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'defaeco', or otherwise engage in any conduct or action that might tarnish the image or reputation of defaeco on the defaeco platform or otherwise tarnish or dilute any of defaeco's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the defaeco platform or defaeco's systems or networks, or any systems or networks connected to defaeco.
  6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the defaeco platform or any transaction being conducted on the defaeco platform, or with any other person's use of the defaeco platform.
  7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the defaeco platform or any service offered on or through the defaeco platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  8. You may not use the defaeco platform or any content on the defaeco’s Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of defaeco and/or others.
  9. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000, India and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to goods and service taxes, income tax, and local levies) regarding your use of our Service and your listing, purchase, solicitation of offers to avail our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  10. In order to allow us to use the User Content supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and the Privacy Policy applicable to use of the defaeco platform.
  11. We will monitor all your messages and interaction on the defaeco platform and you indulged in, in any form of advertising or solicitation, we reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the defaeco platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  12. We reserve the right, but have no obligation, to monitor the materials posted on the defaeco platform. defaeco 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 Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the defaeco platform and in your private messages. Please be advised that such content posted does not necessarily reflect defaeco's views. In no event shall defaeco assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the defaeco 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, tortious, or otherwise unlawful information.
  13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the defaeco platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the defaeco platform. Please note that defaeco does not warrant the quality or performance of any products of services which are hosted on the defaeco platform. Users are encouraged to exercise their personal discretion while choosing any product or service available on the defaeco platform.
  14. It is possible that other Users (including unauthorized Users or 'hackers') may post or transmit offensive or obscene materials on the defaeco platform and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the defaeco platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the defaeco platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the defaeco platform. Please carefully select the type of information that you publicly disclose or share with others on the defaeco platform.

III. TERMS OF SERVICE

  1. You acknowledge and agree that defaeco facilitates the hosting of products, services, events and arenas which are offered by third party providers ("Service Provider") and defaeco does not:
  1. Make any warranties, whether express or implied of the quality of the products, services, events or arenas which are offered by the Service Providers;
  2. Endorse, or confirm that a certain product, products, services, events or arenas which are provided or offered by the Service Provider, confirm to a certain quality or has been rated in a certain format;
  3. Assume any liability if the products, services, events or arenas provided by the Service Provider do not meet the expectation of the User of if the User suffers any loss or damage, including any bodily injury as a consequence of using such products, services, events or arenas;
  4. Assume any liability in the event of any change, alternation, amendment or replacement to the products, services, events or arenas offered by the Service Provider.
  1. You might be required to provide your credit/ debit Cards/ Netbanking/ UPI/ Wallet details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit Cards/ Netbanking/ UPI/ Wallet details to the approved payment gateways for availing the Services. You shall not use the credit/ debit Cards/ Netbanking/ UPI/ Wallet which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card/ Netbanking/ UPI/ Wallet. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit Cards/ Netbanking/ UPI/ Wallet details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card/ Netbanking/ UPI/ Wallet.
  2. The defaeco platform is not equipped or authorized to conclude any financial transaction. All payments shall be made through the payment gateway. defaeco will conduct the payments received through the payment gateway, or such other authorised payment system, to the Service Provider. The receipt for such payment shall be directly issued to you by the Service Provider. Please ensure that you claim an invoice from the Service Provider.
  3. We do not endorse any Service Provider. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity.
  4. You agree not to attempt to impose liability on, or seek any legal remedy from us with respect to any actions or omissions of the Service Provider.

IV. GENERAL TERMS OF USE

  1. Payments made through the defaeco platform will not be refunded for any reason including for not purchasing, or availing any products and services.
  2. Information provided by the defaeco platform shall be updated on a regular basis subject to the same being provided to us by the Service Provider. If the Service Provider amends, alters or withdraws any product, service, venue or arena and the same is not updated on the defaeco platform at the time of the User availing such products, services, events or arenas, then Service Provider shall ensure the replacement of the products and services with an equivalent offering or to refund the money receive from the User
  3. If you choose to use the defaeco platform, it shall be your responsibility to treat your User identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any User identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
  4. The defaeco platform can be used to procure or avail products, services, events or arenas within select cities in India. The defaeco platform will provide and facilitate access only to those Service Providers who are registered on the defaeco platform. As we are providing Services in the select cities in India, we have complied with applicable laws of India in making the defaeco platform and its content available to you. In the event the defaeco platform is accessed from outside India or outside our operating zones, it shall be entirely at your risk. We make no representation that the defaeco platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the defaeco platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules and guidelines.
  5. You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and defaeco policies to the attention of all such persons accessing the defaeco platform on your computer or mobile device.
  6. You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the defaeco platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the defaeco platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
  7. You agree and grant permission to defaeco to receive promotional/transactional SMS and e-mails from defaeco or allied partners.
  8. By using the defaeco platform you represent and warrant that:
  1. All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
  2. Your use of the defaeco platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other Users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
  3. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
  1. You agree to release and fully indemnify defaeco and/or any of its directors, shareholders officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the defaeco platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Without prejudice to this, you agree that the limitations and disclaimers set out in these Terms of Use will also protect the officers, employees, agents, subsidiaries, successors, assigns and sub-contractors of defaeco.
  2. Notwithstanding its reasonable efforts in that behalf, defaeco cannot take responsibility or control the information provided by other Users which is made available on the defaeco platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the defaeco platform.

V. ACCESS TO THE PLATFORM, ACCURACY AND SECURITY

  1. We endeavor to make the defaeco platform available 24/7. However, we do not represent that access to the defaeco platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
  2. We do not warrant that the defaeco platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the defaeco platform or your obtaining any material from, or as a result of using the defaeco platform. We shall also not be liable for the actions of third parties.
  3. We do not represent or warranty that the information available on the defaeco platform will be correct, accurate or otherwise reliable.
  4. We reserve the right to suspend or withdraw access to the defaeco platform to you personally, or to all Users temporarily or permanently at any time without notice.

VI. RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES

  1. In the event the defaeco platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an "Operator").
  2. Your download, installation, access to or use of the defaeco platform is also bound by the terms and conditions of the Operator.
  3. You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the defaeco platform and the content thereof to the extent specified in these Terms of Use.
  4. The license granted to you for the defaeco platform is limited to a non-transferable license to use the defaeco platform on a mobile device that you own or control and as permitted by these Terms of Use.
  5. We are solely responsible for providing any maintenance and support services with respect to the defaeco platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the defaeco platform.
  6. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the defaeco platform or your possession and/or use of the defaeco platform, including, but not limited to: (i) any claim that the defaeco platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
  7. You and we acknowledge that, in the event of any third party claim that the defaeco platform or your use of the defaeco platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  8. You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

VII. DISCLAIMERS

  1. The defaeco platform may be under constant upgrades, and some functions and features may not be fully operational.
  2. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the defaeco platform or delay or errors in functionality of the defaeco platform. As a result, we do not represent that the information posted is correct in every case.
  3. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit card/ Netbanking/ UPI/ Wallet.
  4. You acknowledge that third party services are available on the defaeco platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. however, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third parties services.
  5. Apart from cursory background verification, defaeco does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the defaeco platform and use your best judgment in that behalf.
  6. While the materials provided on the defaeco platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
  7. The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. multiple responses may usually be made available from different sources and it is left to the judgment of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
  8. We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information or Services provided on the defaeco platform. In this regard, you acknowledge that the Services offered by the defaeco platform concern activities that carry an inherent risk. However, we merely provide a booking platform to facilitate such activities and in no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the Services contained herein.
  9. In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party through the defaeco platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. However, we will attempt to refund any amount paid by the User, at our sole discretion, and our liability in this regard, if any will be limited to just the amount paid by the User with respect to the said booking on the defaeco platform.
  10. Nothing in these disclaimers limits the liability of defaeco in respect of:
  1. Death or personal injury caused by the negligence of or its agents or employees;
  2. Fraud or fraudulent misrepresentation by its agents or employees;
  3. Any matter which it would be illegal or unlawful for it to exclude or limit, or to attempt or purport to exclude or limit, its liability.
  1. Nothing in these Terms of Use constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.

VIII. BREACH OF TERMS

  1. You hereby acknowledge and agree that defaeco, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the terminate your access to or participation in the use of the defaeco platform (or any part thereof), or remove and discard any content on the defaeco platform ("Termination"), immediately and without notice, for any reason, including without limitation, if defaeco believes or has reason to believe that you have violated any provision of the Terms of Use.
  2. You hereby indemnify and undertake to keep defaeco indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute) incurred or suffered by it, that arise out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
  3. Effect of Termination.
  1. Upon termination of your Account, your right to participate in the defaeco platform shall automatically terminate. You acknowledge and agree that your right to receive any Services hereunder is conditional upon your proper use of the defaeco platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the defaeco platform. Notwithstanding the foregoing, residual data may remain in the defaeco system.
  2. If you provided a valid email address during registration, defaeco will notify you via email of any such termination or cancellation, which shall be effective immediately upon defaeco's delivery of such notice.
  3. Upon Termination, you shall promptly destroy all copies of defaeco data and other content in your possession or control. You further acknowledge and agree that defaeco shall not be liable to you or any third party for any termination of your access to the defaeco platform. Upon Termination of Service, defaeco retains the right to use any data collected from your use of the defaeco platform for internal analysis and archival purposes. In no event is defaeco obligated to return any submitted content to you. Clauses in the Terms of Use regarding Termination, Intellectual Property, Dispute Resolution, Disclaimers, Limitations of liability, Indemnification, Treatment of information User Content, and third party content will survive expiration or termination of the defaeco platform and/or your Account.
  4. You agree to indemnify and hold defaeco and its officers, managers, Registered Users, affiliates, successor, assignees, directors, agents, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of such Termination.
  5. We may any time at our sole discretion reinstate suspended/terminated Users. A terminated User may not register or attempt to register with us or use the defaeco platform in any manner whatsoever until such time that such User is reinstated by us.

IX. INTELLECTUAL PROPERTY

  1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the defaeco platform, and in the material published on it.
  2. You may print off one copy, and may download extracts, of any page(s), files or other content from the defaeco platform for your personal reference and you may draw the attention of others within your organization to material available on the defaeco platform.
  3. You must not redistribute any material from the defaeco platform and where it has been specifically and expressly made evident by defaeco that certain content is specifically made available for redistribution, it may be redistributed only within your organization, and as intended by defaeco.
  4. You must not republish material from the defaeco platform on any other print or digital media platform, or display in material on the defaeco platform in public. You must also not republish or reproduce any material from the defaeco platform through the use of iframes or screen scrapers.
  5. You must not modify or edit any materials you have printed off or downloaded from the defaeco platform, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  6. You must not use, reproduce, duplicate, copy, sell, sub-license or rent out any part of the materials on the defaeco platform for commercial purposes without obtaining a license to do so from us or our licensors.
  7. If you print off, copy or download any part of the defaeco platform in breach of these Terms of Use, your right to use the defaeco platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

X. TREATMENT OF USER CONTENT

We process User Content to us in accordance with our Privacy Policy available at https://defaeco.in/privacy.html.

XI. THIRD PARTY CONTENT

  1. We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  2. You acknowledge that when you access a link that leaves the defaeco platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the defaeco platform, although we are under no obligation to do so.

XII. SEVERABILITY

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

XIII. ASSIGNMENT

Defaeco may, at its sole discretion, at any time, assign or transfer or sub contract or purport to assign or transfer or subcontract its obligations under these Terms of Use to any other person or entity. However, you shall not assign or transfer or sub contract or purport to assign or transfer or subcontract your obligations under these Terms of Use to any other entity or person.

XIV. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the defaeco platform or these Terms of Use, shall be subject to the jurisdiction of the courts at Bangalore, India.

XV. CONTACT US

Please contact us for any questions or comments regarding the Terms of Use and other policies governing the defaeco platform by e-mail customercare@defaeo.in

This document was last updated on 09 October 2020.