TERMS AND CONDITIONS

INTRODUCTION AND ACKNOWLEDGMENT

These terms of use (“Terms”) govern the terms and conditions under which users (“You” or “Your” or “User”) access and register on the web-based platform www.venturekites.com (“Platform”), operated and managed by Bhasava Lakshmi Private Limited, a company registered in Bangalore, Karnataka, India with its registered office at No. 19, 4th C Cross Koramangala Industrial, 5th Block, Area, Bengaluru, Karnataka 560095. The Platform is intended to provide Users with information about the company, its services, and any content available through the Platform.

These Terms constitute an electronic record as defined under the Information Technology Act, 2000 and applicable rules thereunder, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended. This document is generated by a computer system and does not require physical, electronic, or digital signatures.

These Terms apply to all Users of the Platform, including those who browse the content, contribute materials, or enter into agreements such as sponsorships with the company. By accessing, browsing, or using the Platform in any way, including clicking on the “I Accept” button, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you should not use the Platform.

By using the Platform, you agree that the company may amend these Terms at any time, and such modifications will be effective immediately upon posting on the Platform. Continued use of the Platform after changes have been made will constitute your acceptance of the revised Terms. Users are encouraged to review these Terms periodically for any changes.

These Terms are binding between you and Bhasava Lakshmi Private Limited, and you acknowledge that the company maintains the Platform to provide information about its services and related content. You further accept that the company may grant licenses to subsidiaries or third parties under specific terms to use and operate aspects of the Platform as needed.

If you are using the Platform on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms, and the entity accepts these Terms in full. The Platform is not intended for use by individuals under the age of 18 without parental consent, and the company reserves the right to take appropriate steps to enforce age-related access controls.

1. Definitions and Interpretation

Unless the context otherwise requires, for these Terms, the following definitions shall apply:

1.1. “Applicable Law” means all laws, ordinances, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges, agreements, and regulations of any governmental authority, court of law, or any other competent authority in India or any other jurisdiction as may be applicable. This includes, but is not limited to, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and any amendments or re-enactments thereof.

1.2. “Content” shall mean any form of content, including but not limited to, text, images, audio, videos, graphics, animations, messages, comments, and other multimedia files that may be shared, uploaded, or posted on the Platform by the User or the Company, whether publicly posted or privately transmitted.

1.3. “Eligibility Conditions” shall refer to the requirements set forth in Clause 2.7, which detail the qualifications and conditions that must be met by Users to access and use the Platform and its Services.

1.4. “Company IP” shall mean all proprietary content, including software, code, designs, text, graphics, images, trademarks, logos, domain names, business names, patents, trade secrets, copyrights, and any other intellectual property rights owned, controlled, or licensed by Bhasava Lakshmi Private Limited, including any modifications, enhancements, or derivative works thereof.

1.5. “Intellectual Property Rights” includes all rights associated with patents, trademarks, service marks, logos, domain names, copyrights, inventions, designs, trade secrets, trade dress, database rights, and other forms of intellectual property, whether registered or unregistered, in any jurisdiction globally. It also includes applications for registration of any such rights.

1.6. “Materials” shall include (i) all forms of content such as text, software, scripts, images, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features, and other materials, and (ii) any comments, feedback, or other content contributed by Users in any section of the Platform through available functionalities.

1.7. “Privacy Policy” refers to the privacy statement available on the Platform that outlines how the Company collects, uses, discloses, and manages personal data of Users, as per the applicable data protection laws.

1.8. “Personal Data” shall have the meaning ascribed to it in Clause 2.3 and includes any information that relates to an identified or identifiable individual, which may include but is not limited to names, contact details, account details, and any other data that can directly or indirectly identify a User.

1.9. “Services” refers to the functionalities, features, and offerings available on the Platform, including but not limited to access to content, connections, business tools, communication features, and other resources as described in Clause 3 of these Terms.

1.10. “User / Users / You” shall mean and include any individual, business entity, or legal entity that accesses, uses, or registers on the Platform, regardless of whether the access is occasional or frequent, and includes those Users who access the Platform’s content without creating an account.

1.11. “User Account” means the personalized account created by the User on the Platform, which allows access to certain restricted areas, services, and content. The User Account is protected by credentials set by the User, and the User is responsible for maintaining the confidentiality of these credentials.

2. User Account and User Obligations

2.1. User Account Creation: To access certain Services on the Platform, the User must create a User Account by providing required information, including Personal Data, as detailed in the Privacy Policy. Users may access limited content on the Platform without registration, but full access to Services requires account creation.

2.2. Confidentiality Obligation: Users are responsible for maintaining the confidentiality of their User Account credentials. The Company will protect Personal Data in accordance with Applicable Law and the Privacy Policy. Unauthorized access or use of the User Account should be immediately reported to the Company.

2.3. Eligibility and Compliance: By creating a User Account, you affirm that you are of legal age, meet the Eligibility Conditions outlined in Clause 2.7, and have the legal capacity to enter into these Terms. If you are a parent or legal guardian of a minor, you are responsible for ensuring compliance with these Terms on their behalf.

2.4. Accurate Information: Users must provide complete, accurate, and current information during registration and maintain and promptly update this information to keep it accurate and complete. Failure to provide true, accurate, and current information may result in the suspension or termination of the User Account.

2.5. User Conduct and Content: You are solely responsible for any Content that you upload, post, or otherwise transmit through the Platform. You agree not to upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, defamatory, obscene, invasive of another’s privacy, or otherwise objectionable as determined by the Company.

2.6. Prohibited Activities: You agree not to engage in activities that could harm the Platform or other Users, including but not limited to:

  • Posting or transmitting Content that is false, misleading, or intended to deceive.
  • Using automated means to access or scrape data from the Platform.
  • Attempting to gain unauthorized access to the Platform or other User Accounts.
  • Uploading files containing viruses, malware, or any software designed to harm the Platform’s functionality.

2.7. Eligibility Conditions: To use the Platform, you must meet the following conditions:

  • Comply with all Applicable Law and regulations.
  • Have the right, authority, and capacity to enter into these Terms.
  • Agree not to impersonate any person or entity or falsely state your affiliation with any person or entity.

2.8. Modification of User Conduct Rules: The Company reserves the right to modify these rules of conduct and expects all Users to comply with any updated rules. Non-compliance with these rules may lead to account suspension, termination, or other appropriate legal action by the Company.

2.9. User Obligations: You agree to use the Platform in a lawful manner and not to engage in any behavior that could harm the Platform, its users, or its operations. Any violation of these obligations may result in the restriction or termination of your access to the Platform.

3. Services Provided on the Platform

3.1. Overview of Services: The Platform, operated by Bhasava Lakshmi Private Limited, provides various Services aimed at enhancing Users’ access to information, networking opportunities, and business growth tools. These Services are designed to assist entrepreneurs, startups, and business professionals in navigating their business journeys by offering curated content, communication channels, and personalized support. The Company offers the Services directly or through third-party integrations, as outlined below.

3.1.1. Content Access: The Platform offers a diverse range of content, including but not limited to articles, case studies, industry insights, interviews, videos, podcasts, newsletters, and webinars. This content is developed, curated, aggregated, or licensed by the Company to provide Users with valuable information that supports learning, skill development, and business decision-making. The content is accessible to all registered Users, and some premium content may be reserved for subscription members.

3.1.2. Business Networking and Community Engagement: The Platform facilitates connections among Users by providing networking opportunities that include access to business forums, group discussions, virtual events, and direct messaging functionalities. These features enable Users to engage with like-minded professionals, find potential business partners, mentors, investors, or collaborators, and build a professional network that supports their business goals.

3.1.3. Communication Tools and Interactive Features: The Platform offers various communication tools such as private messaging, group chats, video conferencing, and voice calls that facilitate direct communication between Users. These tools are designed to enhance collaboration, enable real-time discussions, and support various business activities like team meetings, mentorship sessions, and client consultations, all within a secure environment.

3.1.4. Personalized Support and Advisory Services: The Company may provide personalized support, including business advisory services, mentorship programs, and one-on-one consultations with industry experts. These services aim to offer strategic guidance, troubleshoot business challenges, and provide actionable advice tailored to individual User needs. Availability of these Services may be subject to eligibility criteria, and additional terms may apply.

3.1.5. Subscription-Based Services and Premium Features: Certain features on the Platform, such as access to exclusive content, advanced networking tools, or priority support, may be available only through subscription-based plans. Users may choose from various subscription tiers, each offering a different set of benefits. Subscription terms, including pricing, payment methods, renewal policies, and cancellation rights, will be detailed on the Platform during the subscription process.

3.2. Modification, Addition, and Removal of Services: The Company reserves the right to add, modify, or discontinue any of the Services listed above at its sole discretion. Changes to the Services may include but are not limited to enhancements, new features, or removal of existing functionalities. The Company will provide reasonable notice to Users regarding any material changes to the Services, either through updates on the Platform or via direct communication.

3.3. Service Interruptions and Availability: While the Company strives to maintain continuous and uninterrupted access to the Platform, it does not guarantee that the Services will always be available. There may be times when access to the Platform or certain Services is interrupted due to scheduled maintenance, technical issues, network failures, or other factors beyond the Company’s control. The Company will make reasonable efforts to minimize disruptions and restore Services promptly.

3.4. Fair Use Policy and Limitations: To ensure a high-quality experience for all Users, the Company enforces a Fair Use Policy. Excessive usage of resources, spamming, misuse of networking tools, or any activities that negatively impact other Users’ access to Services may result in warnings, usage limitations, or account suspension. The Company reserves the right to determine what constitutes fair use.

3.5. Integration with Third-Party Services: The Platform may offer integrations with third-party services such as payment gateways, data analytics tools, marketing platforms, or other software solutions to enhance the User experience. While these integrations provide added value, the Company does not control the performance or policies of third-party services and is not responsible for any issues that may arise from their use. Users engaging with third-party services should review their respective terms and conditions.

3.6. User Responsibility and Code of Conduct: Users are expected to use the Services responsibly and in compliance with these Terms. Misuse of the Services, including but not limited to unauthorized access, fraudulent activities, violation of intellectual property rights, or distribution of harmful content, will result in the immediate suspension or termination of access to the Platform and may result in legal action.

3.7. Service-Specific Terms and Conditions: Some Services on the Platform may have additional specific terms and conditions that govern their use. These additional terms will be displayed at the point of access or use of the respective Service and shall be considered an integral part of these Terms. Users are required to review and agree to any specific terms before utilizing such Services.

3.8. Geographic Limitations and Compliance: The availability of certain Services may vary based on the User’s location due to regulatory or operational restrictions. The Company reserves the right to restrict or limit access to specific Services in certain regions to comply with local laws and regulations. Users are responsible for ensuring that their use of the Platform complies with applicable local laws.

3.9. No Warranty of Specific Results: The Company does not guarantee specific results from the use of the Services. All Services are provided on an “as is” basis, and the Company makes no representations or warranties regarding the effectiveness, suitability, or reliability of any Service for a particular purpose. Users are encouraged to use their judgment and seek professional advice when necessary.

3.10. User Feedback and Suggestions: The Company welcomes feedback and suggestions from Users to improve the Services. However, any feedback, ideas, or suggestions submitted by Users are deemed non-confidential and non-proprietary. The Company reserves the right to use, modify, or incorporate such feedback into its Services without compensation or acknowledgment to the User.

4. Subscription Fee

4.1. Subscription Fees and Pricing: The subscription fees for each Service offered on the Platform are displayed clearly at the time of subscription. Fees are charged in Indian Rupees (INR) and may vary based on the type of Service, subscription tier, and any applicable promotional offers. The fees applicable at the time of subscribing will be the price charged for the duration of the subscription term. The Company reserves the right to change the subscription fees at any time, but any changes will not affect subscriptions that have already been paid for until the renewal date.

4.2. Fee Adjustments and Promotions: The Company may, at its sole discretion, offer promotional discounts, special pricing, or other incentives for certain Services or subscription plans. These promotional offers are subject to change or termination at any time without notice and may be subject to additional terms and conditions. Any fee adjustments or promotions will not apply retroactively to existing subscriptions.

4.3. Additional Charges and Fees: In addition to the standard subscription fees, there may be additional charges, fees, or taxes applicable based on the User’s location, payment method, or specific Service features. Any such additional charges will be clearly communicated to the User during the subscription process, and Users will have the opportunity to review these charges before confirming their purchase.

4.4. Payment Methods: The Platform accepts various payment methods for subscription fees, including credit cards, debit cards, net banking, UPI, and other payment gateways as may be integrated into the Platform from time to time. The availability of payment methods may vary based on the User’s location and the Company’s agreements with payment processors.

4.5. Automatic Renewal of Subscription: Unless explicitly stated otherwise, all subscriptions will automatically renew at the end of the subscription term at the then-current rate, unless the User cancels the subscription before the renewal date. Users will receive a reminder notification prior to the renewal date, allowing them to review their subscription and make any necessary changes or cancellations.

4.6. Failure to Pay Subscription Fees: If a subscription fee payment is declined, fails, or is otherwise not received by the Company, the User’s access to the subscribed Services may be suspended or terminated until the outstanding fee is paid. The Company is not responsible for any bank fees, transaction fees, or other charges that may be incurred by the User as a result of failed payments.

4.7. Payment Security: The Company uses secure payment gateways and third-party payment processors to handle payment transactions. The Company does not store complete payment information, such as credit card numbers, on its servers. Users are responsible for maintaining the security of their payment details and should notify the Company immediately in case of any unauthorized transactions or security breaches.

4.8. Currency and Exchange Rates: All subscription fees are listed in Indian Rupees (INR). For Users paying from outside India, any currency conversion fees, exchange rate differences, or international transaction fees levied by the User’s financial institution are the sole responsibility of the User. The Company is not liable for any additional charges incurred due to currency conversion or international transactions.

4.9. Billing Disputes: If the User believes there has been an error in billing or any discrepancies in the amount charged, the User must contact the Company’s customer support team within 30 days of the disputed charge. The Company will investigate the issue and make any necessary adjustments if an error is confirmed. Failure to report billing disputes within the specified period may result in the charge being deemed final and non-refundable.

4.10. Fee Changes and Communication: The Company reserves the right to modify subscription fees, introduce new charges, or alter the terms of existing subscriptions at any time. Any changes to the subscription fees will be communicated to the User via email, notifications on the Platform, or other appropriate channels. Users who do not agree to the revised fees may cancel their subscription before the new charges take effect.

4.11. Free Trials and Introductory Offers: The Company may offer free trials or introductory offers for new Users to experience the Services. Such offers are subject to the terms specified at the time of the offer and may be limited to a specific period. Users must cancel their subscription before the end of the trial period to avoid being charged the standard subscription fee.

4.12. Refunds and Cancellations: Refunds and cancellation policies are outlined in Section 6 of these Terms. Users are encouraged to review the refund and cancellation terms before subscribing to any Service to understand their rights and obligations in the event of a cancellation.

4.13. Subscription Transferability: Subscriptions purchased on the Platform are personal to the User and are non-transferable. The Company does not permit the transfer of subscription benefits or account sharing among multiple Users unless explicitly permitted by the Company’s policies.

4.14. Termination of Subscription by the Company: The Company reserves the right to terminate any subscription at its sole discretion, including but not limited to violations of these Terms, misuse of Services, or for any other reason deemed appropriate. In the event of such termination, the Company may provide a prorated refund based on the remaining subscription term, at its discretion.

4.15. Compliance with Applicable Laws: All payments and transactions conducted on the Platform must comply with applicable local, state, and national laws, including regulations related to taxes, payment processing, and financial transactions. Users are responsible for complying with their local laws and any legal obligations related to payments made on the Platform.

5. Payment Terms

5.1. Accepted Payment Methods: The Platform accepts a variety of payment methods, including credit cards, debit cards, net banking, UPI, digital wallets, and other payment options that may be integrated from time to time. The specific payment methods available may vary based on the User’s location and the agreements between the Company and its payment processors. During the checkout process, Users will be presented with the available payment options for their region.

5.2. Payment Processing and Third-Party Providers: Payments made on the Platform are processed through third-party payment processors and gateways that comply with applicable security standards. While the Company strives to ensure secure and smooth payment processing, it does not control these third-party services and is not responsible for any errors, delays, or issues that may occur during payment processing. Users are encouraged to review the terms and conditions of any third-party payment providers used on the Platform.

5.3. Authorization and Charges: By providing payment information, Users authorize the Company or its third-party payment processors to charge the designated payment method for the full amount of the subscription fees and any applicable taxes or additional charges. Users agree to provide accurate and complete payment information and are responsible for ensuring that sufficient funds are available to complete the transaction.

5.4. Recurring Payments and Auto-Renewal: Subscriptions to certain Services may be subject to automatic renewal, as outlined in Section 4.5. By opting for auto-renewal, Users authorize recurring charges to their payment method at the end of each subscription term until the subscription is canceled. Users may disable auto-renewal at any time through their User Account settings.

5.5. Failed Transactions and Payment Issues: In the event of a failed payment transaction due to insufficient funds, expired payment methods, or any other reason, the Company reserves the right to suspend access to the subscribed Services until the outstanding payment is resolved. The Company will notify the User of the payment issue and provide instructions on how to update payment details or retry the transaction.

5.6. Payment Security and Data Protection: The Company employs industry-standard security measures to protect payment information and ensure secure transactions. However, the Company does not store complete payment details on its servers. Payment data is securely transmitted and stored by third-party payment processors in compliance with data protection regulations. Users are responsible for safeguarding their payment information and should report any suspected unauthorized use of their payment details immediately.

5.7. Currency and Exchange Rate Considerations: All transactions are processed in Indian Rupees (INR). For Users making payments from outside India, currency conversion rates determined by the User’s financial institution or payment provider will apply. The Company is not responsible for any exchange rate differences, currency conversion fees, or additional charges imposed by the User’s bank or payment processor.

5.8. Payment Receipts and Invoices: Upon successful payment, the User will receive a payment confirmation and invoice via email, which will also be accessible through their User Account. The invoice will detail the subscription period, charges incurred, and any applicable taxes. Users are advised to keep a copy of the invoice for their records.

5.9. Refunds for Failed or Duplicate Payments: In the event of a duplicate payment or an erroneous charge, Users may contact the Company’s customer support team to request a review. If a refund is deemed appropriate, the Company will process it within a reasonable timeframe, using the same payment method originally used for the transaction, unless otherwise agreed upon by the User and the Company.

5.10. Taxes and Additional Fees: Users are responsible for any applicable taxes, duties, or additional fees associated with their purchase of Services on the Platform. These charges will be clearly stated during the checkout process. Users are responsible for complying with their local tax laws and ensuring that any necessary tax declarations or payments are made to the appropriate authorities.

5.11. Chargebacks and Payment Disputes: Users are expected to contact the Company to resolve any billing disputes before initiating a chargeback with their financial institution. Unresolved chargebacks may result in the suspension or termination of access to the Platform and its Services. The Company reserves the right to contest chargebacks and recover any amounts owed.

5.12. Changes to Payment Terms: The Company reserves the right to update or modify the payment terms at any time. Any changes to payment terms will be communicated to Users via email, notification on the Platform, or other appropriate means. Continued use of the Platform after changes to the payment terms indicates acceptance of the revised terms.

5.13. Payment Verification: For security reasons, the Company may request additional verification or authentication from the User for certain transactions. This may include identity verification, address confirmation, or other security measures designed to protect against fraud. Failure to comply with verification requests may result in the delay or cancellation of the transaction.

5.14. Cancellation of Unauthorized Transactions: If the Company identifies any suspicious or unauthorized transactions on a User’s account, it reserves the right to cancel the transaction and take any necessary legal action. The User will be notified of such actions and may be required to provide additional information to verify their identity and the legitimacy of the transaction.

5.15. Retention of Payment Records: The Company retains records of all transactions for accounting, compliance, and auditing purposes. These records are maintained in accordance with applicable data protection and financial regulations. Users may request copies of their transaction records by contacting the Company’s customer support, subject to verification of identity.

6. Refunds and Cancellations

6.1. Refund Policy: The Company offers refunds for subscription fees under specific circumstances, such as technical issues that prevent access to the Services or billing errors. Refund requests must be submitted within the timeframes specified in this section. All refund requests will be reviewed on a case-by-case basis, and the Company reserves the right to approve or deny refunds at its sole discretion.

6.2. Eligibility for Refunds: Refunds may be granted in the following cases:

  • Technical Issues: If the User is unable to access the subscribed Services due to technical errors attributable to the Company, a refund may be issued after verification.
  • Billing Errors: If the User is incorrectly charged due to a billing error, the Company will investigate and, if the error is confirmed, process a refund for the overcharged amount.
  • Duplicate Payments: In the event of duplicate payments made by the User for the same Service, the Company will issue a refund for the duplicated charge upon verification.

6.3. Non-Refundable Scenarios: Refunds will not be issued in the following circumstances:

  • User Cancellation of Subscription: If a User voluntarily cancels their subscription, the subscription fees for the remainder of the term are non-refundable, unless otherwise specified in the specific terms of the Service.
  • Violation of Terms: Refunds will not be granted if the User’s access to the Platform or Services is suspended or terminated due to a violation of these Terms or misuse of the Platform.
  • Change of Mind: Refunds are not available if the User decides not to use the subscribed Services after payment has been made, except as provided under applicable consumer protection laws.

6.4. Refund Request Process: To request a refund, Users must contact the Company’s customer support team via the contact details provided on the Platform, including a description of the issue and any relevant supporting documentation. Refund requests must be submitted within 30 days of the charge date. The Company will review the request and notify the User of its decision within a reasonable timeframe.

6.5. Processing of Approved Refunds: If a refund request is approved, the Company will process the refund using the original payment method used by the User at the time of purchase. The refund processing time may vary depending on the User’s bank or payment provider, and the Company is not responsible for delays caused by these entities.

6.6. Cancellations by User: Users may cancel their subscription to the Services at any time through their User Account settings. Upon cancellation, the User will continue to have access to the Services until the end of the current billing cycle. Subscription fees already paid are non-refundable, and no pro-rata refunds will be issued for the remaining subscription period.

6.7. Cancellations by the Company: The Company reserves the right to cancel a User’s subscription at any time, including but not limited to cases of suspected fraud, violation of these Terms, or other reasons deemed appropriate by the Company. In such cases, the Company may provide a prorated refund based on the unused portion of the subscription term, at its discretion.

6.8. Free Trials and Promotional Offers: If a User is on a free trial or promotional offer and does not wish to continue with a paid subscription, the User must cancel before the trial or promotional period ends to avoid being charged. Failure to cancel before the end of the trial or promotional period will result in automatic billing at the regular subscription rate.

6.9. Cancellation Fees: The Company does not charge cancellation fees for terminating a subscription. However, any outstanding fees or charges incurred prior to cancellation must be paid in full by the User. The Company reserves the right to pursue payment for any unpaid amounts in accordance with applicable law.

6.10. Impact of Cancellation on Access: Upon cancellation of a subscription, the User’s access to premium content, networking tools, and other subscribed Services will be revoked at the end of the current billing cycle. Users will retain access to any free or basic features of the Platform that do not require a subscription.

6.11. Subscription Pausing and Reactivation: In some cases, Users may have the option to pause their subscription instead of canceling. Pausing a subscription will temporarily suspend access to the paid features without terminating the subscription entirely. Reactivation of the paused subscription can be done through the User Account, and access will resume under the original terms of the subscription.

6.12. Communication of Cancellation and Refund Policies: The Company will clearly communicate its cancellation and refund policies during the subscription process and through the Platform’s help center. Users are encouraged to review these policies before subscribing to any Services to ensure they understand their rights and obligations.

6.13. Refund Denial and Appeal Process: If a refund request is denied, the User will be notified of the reasons for the denial. Users may appeal the decision by providing additional information or clarification within 14 days of the denial notification. The Company will review the appeal and make a final determination.

6.14. Effect of Refunds on Account Status: Approved refunds do not automatically cancel the User’s subscription. Users who wish to discontinue the Service must separately cancel their subscription through their User Account settings. Refunds granted under special circumstances do not waive the Company’s right to enforce the Terms or take action for any prior violations.

6.15. Compliance with Applicable Laws: The Company’s refund and cancellation policies comply with applicable consumer protection laws and regulations. In the event of a conflict between these Terms and local laws, the Company will adhere to the applicable legal requirements and provide refunds as mandated by such laws.

7. Proprietary Rights and Intellectual Property Rights

7.1. Ownership of Intellectual Property: The Platform, including all content, designs, software, graphics, logos, trademarks, service marks, text, videos, audio, and other materials (collectively, “Company IP”) are the exclusive property of Bhasava Lakshmi Private Limited or its licensors. The Company IP is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Users do not acquire any ownership rights to the Company IP through their use of the Platform.

7.2. License to Use the Platform: Subject to compliance with these Terms, the Company grants Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and its Services for personal or internal business purposes only. This license does not include any right to resell, redistribute, modify, or create derivative works from the Company IP without prior written consent from the Company.

7.3. Restrictions on Use: Users are prohibited from:

  • Copying, distributing, modifying, or creating derivative works from any part of the Platform or Company IP without express written permission from the Company.
  • Using any automated systems, robots, or scraping tools to collect data or content from the Platform.
  • Removing, altering, or concealing any copyright, trademark, or other proprietary notices contained in the Company IP.
  • Using the Platform or Company IP in a manner that violates any applicable laws or regulations.

7.4. User-Generated Content: Users may have the opportunity to post, upload, or otherwise submit content to the Platform, including comments, feedback, suggestions, or other materials (collectively, “User Content”). By submitting User Content, the User grants the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, distribute, publicly display, and create derivative works from the User Content in connection with the operation, marketing, and improvement of the Platform.

7.5. Responsibility for User Content: Users are solely responsible for the User Content they submit to the Platform. The Company does not endorse, control, or guarantee the accuracy, reliability, or legality of any User Content posted by Users. The Company reserves the right, but is not obligated, to review, monitor, or remove any User Content at its discretion.

7.6. Intellectual Property Infringement Claims: The Company respects the intellectual property rights of others and expects Users to do the same. If you believe that any content on the Platform infringes upon your intellectual property rights, please notify the Company promptly by providing the following information:

  • A description of the copyrighted work or intellectual property that you claim has been infringed.
  • Identification of the material on the Platform that you believe is infringing, with sufficient detail to allow the Company to locate it.
  • Your contact information, including your name, address, telephone number, and email address.
  • A statement that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the owner of the intellectual property or authorized to act on behalf of the owner.
  • Your physical or electronic signature.

7.7. Enforcement of Intellectual Property Rights: The Company will investigate claims of intellectual property infringement and may take appropriate action, including removing or disabling access to infringing content, terminating accounts of repeat infringers, and pursuing legal remedies where applicable. The Company’s response to infringement claims does not constitute legal advice or an admission of liability.

7.8. Use of Trademarks and Branding: Users may not use any trademarks, logos, or branding associated with the Platform or the Company without prior written consent. Unauthorized use of trademarks may result in legal action by the Company to protect its rights and interests.

7.9. Feedback and Suggestions: Any feedback, suggestions, ideas, or proposals submitted by Users regarding the Platform or Services are considered non-confidential and non-proprietary. By submitting feedback, Users grant the Company a perpetual, royalty-free license to use, modify, and incorporate the feedback into the Platform without any obligation to compensate the User.

7.10. Third-Party Content and Links: The Platform may contain links to third-party websites, content, or resources that are not owned or controlled by the Company. The Company is not responsible for the availability, accuracy, or legality of any third-party content accessed through the Platform. Users acknowledge and agree that their use of third-party content is at their own risk and subject to the terms and conditions of those third parties.

7.11. Protection of Proprietary Rights: The Company takes the protection of its intellectual property seriously and will take appropriate legal action against any unauthorized use, reproduction, distribution, or exploitation of the Company IP. This may include civil, criminal, or injunctive relief as deemed necessary.

7.12. Confidential Information: Users may have access to confidential information of the Company, including but not limited to business plans, financial information, marketing strategies, and proprietary technology. Users agree to maintain the confidentiality of such information and not to disclose it to any third party without the Company’s prior written consent. This obligation shall survive the termination of the User’s access to the Platform.

7.13. No Waiver of Rights: The Company’s failure to enforce any provision of these Terms related to intellectual property or proprietary rights shall not be construed as a waiver of its right to enforce that provision or any other provision of these Terms.

7.14. Reservation of Rights: All rights not expressly granted to Users under these Terms are reserved by the Company. Users acknowledge that they do not acquire any ownership rights by using the Platform or accessing the Company IP, and any unauthorized use may result in legal action.

7.15. Governing Law and Jurisdiction: Any disputes related to the Company IP or intellectual property rights shall be governed by the laws of India, and any legal proceedings shall be conducted in the courts located in Bangalore, India. Users agree to submit to the jurisdiction of these courts for any claims arising from the use of the Platform or infringement of intellectual property rights.

8. Privacy Policy

8.1. Commitment to Privacy: The Company is committed to protecting the privacy of its Users and ensuring the security of their Personal Data. The Privacy Policy, available on the Platform, outlines the Company’s practices regarding the collection, use, sharing, and protection of Personal Data. By using the Platform, Users consent to the Company’s data practices as described in the Privacy Policy.

8.2. Collection of Personal Data: The Company collects Personal Data from Users when they register on the Platform, subscribe to Services, participate in surveys, contact customer support, or otherwise interact with the Platform. Personal Data collected may include, but is not limited to, names, email addresses, contact numbers, payment information, and other details required for the provision of Services.

8.3. Use of Personal Data: The Company uses Personal Data to provide, maintain, and improve the Platform and its Services, including processing payments, responding to User inquiries, personalizing User experiences, sending notifications, and enhancing the functionality of the Platform. The Company may also use Personal Data for marketing and promotional purposes with the User’s consent, where required by law.

8.4. Sharing of Personal Data: The Company does not sell or rent Personal Data to third parties. Personal Data may be shared with trusted service providers, such as payment processors, analytics providers, and marketing partners, who assist in the operation of the Platform and delivery of Services. These service providers are bound by confidentiality agreements and are prohibited from using Personal Data for any purpose other than those specified by the Company.

8.5. Compliance with Legal Obligations: The Company may disclose Personal Data to law enforcement agencies, regulatory bodies, or other government authorities if required by law, court order, or as necessary to comply with legal obligations. The Company may also disclose Personal Data to protect its rights, enforce these Terms, or respond to claims of content infringement.

8.6. Data Security Measures: The Company implements appropriate technical, administrative, and physical security measures to protect Personal Data against unauthorized access, loss, misuse, or alteration. These measures include encryption, access controls, and regular security audits. However, no security system is impenetrable, and the Company cannot guarantee the absolute security of Personal Data.

8.7. User Rights and Data Access: Users have the right to access, correct, update, or delete their Personal Data held by the Company. Users may exercise these rights by accessing their User Account settings or by contacting the Company’s customer support team. The Company will respond to such requests in accordance with applicable data protection laws.

8.8. Data Retention: The Company retains Personal Data for as long as necessary to fulfill the purposes for which it was collected, to comply with legal and regulatory obligations, and to resolve disputes. Upon the termination of a User’s account or at the User’s request, the Company will securely delete or anonymize Personal Data, unless retention is required by law.

8.9. Cookies and Tracking Technologies: The Platform uses cookies and similar tracking technologies to enhance the User experience, analyze Platform usage, and deliver targeted advertising. Users can manage their cookie preferences through their browser settings, but disabling cookies may affect the functionality of the Platform.

8.10. Third-Party Links and Services: The Platform may contain links to third-party websites, services, or content that are not operated by the Company. The Company is not responsible for the privacy practices or content of these third parties, and Users are encouraged to review the privacy policies of any third-party services they engage with.

8.11. Marketing Communications: With the User’s consent, the Company may send marketing and promotional communications about new features, products, or services. Users can opt-out of receiving these communications at any time by clicking the “unsubscribe” link in emails or by adjusting their communication preferences in their User Account settings.

8.12. Data Transfers: Personal Data may be transferred to, and processed in, countries other than the country in which the User resides, including countries that may not provide the same level of data protection. The Company takes steps to ensure that such data transfers comply with applicable data protection laws and that adequate safeguards are in place to protect Personal Data.

8.13. Children’s Privacy: The Platform is not intended for use by children under the age of 18. The Company does not knowingly collect Personal Data from children, and any User under the age of 18 must obtain consent from a parent or guardian before using the Platform. If the Company becomes aware of any Personal Data collected from children without parental consent, it will take steps to delete such data promptly.

8.14. Data Breach Response: In the event of a data breach that compromises Personal Data, the Company will take immediate action to mitigate the impact, notify affected Users, and comply with applicable legal and regulatory requirements regarding data breach notification.

8.15. Changes to the Privacy Policy: The Company reserves the right to update or modify the Privacy Policy at any time. Any changes to the Privacy Policy will be posted on the Platform, and Users will be notified of significant changes through email or other appropriate means. Continued use of the Platform after changes to the Privacy Policy constitutes acceptance of the updated terms.

8.16. User Responsibilities: Users are responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their User Account. Users should take appropriate steps to protect their Personal Data, including using strong passwords, enabling two-factor authentication, and promptly reporting any unauthorized access or suspicious activity.

8.17. Contact Information: For questions, concerns, or requests related to the Privacy Policy or the Company’s data practices, Users may contact the Company’s Data Protection Officer at the contact details provided on the Platform. The Company is committed to resolving privacy-related inquiries in a timely and transparent manner.

8.18. Grievance Redressal: If Users have concerns about the handling of their Personal Data, they may escalate the issue to the Company’s grievance department, whose contact details are available on the Platform. The grievance department will acknowledge the complaint within 24 hours and aim to resolve the issue within 15 days.

8.19. Governing Law and Jurisdiction: The Privacy Policy is governed by the laws of India, and any disputes arising from the Company’s data practices shall be resolved in the courts located in Bangalore, India. Users agree to submit to the jurisdiction of these courts for any claims related to privacy or data protection.

9. Disclaimer

You expressly understand and agree that, to the maximum extent permitted by Applicable Law, the use of the Platform and Services is at your sole risk, and the Company disclaims all warranties, express or implied, in connection with the Platform, Services, and your use thereof.

9.1. “As Is” and “As Available” Basis: The Platform, including all content, Services, and functionalities, is provided on an “as is” and “as available” basis without any representations or warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

9.2. No Warranty on Accuracy and Completeness: The Company makes no warranty or representation as to the accuracy, completeness, timeliness, or reliability of any content available on the Platform. The content, including any articles, videos, or other resources, is for informational purposes only and should not be relied upon without conducting independent verification and due diligence.

9.3. No Guarantee of Results: The Company does not guarantee any specific results from the use of the Platform or Services. The effectiveness of the Services may vary based on individual circumstances, and Users are advised to use the Platform as a supplementary tool rather than a sole basis for decision-making. The Company shall not be liable for any actions taken based on the information provided through the Platform.

9.4. Third-Party Content and Services: The Platform may include content, advertisements, and services provided by third parties. The Company does not endorse, warrant, or assume responsibility for any third-party content, products, or services. Any interactions with third-party providers are solely between the User and the third party, and the Company shall not be liable for any damages or losses arising from such interactions.

9.5. Service Availability and Downtime: While the Company strives to provide continuous access to the Platform and Services, it does not guarantee that the Platform will be uninterrupted, error-free, or secure. The Company may perform maintenance, updates, or technical repairs that may temporarily disrupt access to the Platform. The Company shall not be liable for any delays, interruptions, or other issues that may affect the availability or performance of the Platform.

9.6. Security and Data Loss: The Company takes reasonable measures to protect User data; however, it does not guarantee that the Platform will be free from viruses, malware, or other harmful components. The Company shall not be responsible for any loss of data, financial loss, or other damages that may result from unauthorized access, hacking, or other security breaches.

9.7. Limitation of Liability: To the fullest extent permitted by law, the Company, its affiliates, and their respective officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from:

  • The use or inability to use the Platform or Services.
  • Unauthorized access to or alteration of User data or transmissions.
  • Any conduct or content of any third party on the Platform.
  • Any errors, mistakes, or inaccuracies in the content.
  • Any viruses, bugs, or other harmful elements transmitted to or through the Platform by any third party.

9.8. No Legal, Financial, or Professional Advice: The content and Services provided on the Platform are for informational purposes only and do not constitute legal, financial, tax, investment, or professional advice. Users are encouraged to seek independent professional advice tailored to their specific circumstances before making any decisions based on information obtained from the Platform.

9.9. Indemnification: Users agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and partners from and against any and all claims, losses, liabilities, damages, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

  • The User’s use or misuse of the Platform or Services.
  • Any User Content submitted by the User.
  • The User’s violation of these Terms or any Applicable Law.
  • The User’s infringement of any rights of a third party, including intellectual property rights.

9.10. Disclaimer of Warranty on Communications: The Company does not guarantee the confidentiality or security of any communications made through the Platform. Users acknowledge that communications may be intercepted, altered, or accessed by unauthorized parties, and the Company shall not be responsible for any losses arising from such incidents.

9.11. Use at Your Own Risk: Users acknowledge that their use of the Platform, including any reliance on the accuracy or completeness of the content, is at their own risk. The Company shall not be liable for any consequences arising from the use of the Platform, including decisions made or actions taken based on information obtained through the Platform.

9.12. Disclaimer on User-Generated Content: The Company is not responsible for any User-generated content posted on the Platform, including comments, reviews, or other materials. User-generated content represents the opinions of the respective Users and does not reflect the views of the Company. The Company reserves the right to remove or modify User-generated content that violates these Terms or Applicable Law.

9.13. No Liability for External Links: The Platform may contain links to third-party websites or resources. The Company does not endorse or assume responsibility for the content, privacy policies, or practices of any third-party websites. Users access such websites at their own risk, and the Company shall not be liable for any damages or losses incurred from their use.

9.14. Force Majeure: The Company shall not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, cyberattacks, labor disputes, or governmental actions.

9.15. Severability of Disclaimer Provisions: If any provision of this Disclaimer section is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

9.16. Governing Law and Jurisdiction: This Disclaimer is governed by the laws of India, and any disputes arising from or related to this Disclaimer shall be resolved in the courts located in Bangalore, India. Users agree to submit to the jurisdiction of these courts for any legal proceedings related to the use of the Platform.

10. Updation / Amendment

10.1. Right to Update or Amend: The Company reserves the right to update, amend, modify, or change these Terms and any other policies or agreements incorporated by reference, at its sole discretion and at any time. Such changes may be necessary to reflect updates in laws, business practices, technological advancements, or any other operational needs of the Company.

10.2. Notification of Changes: The Company will notify Users of any material changes to these Terms by posting the updated Terms on the Platform and, where appropriate, by sending an email notification to registered Users. The updated Terms will indicate the “Last Updated” date at the top of the document to help Users identify the most recent changes.

10.3. Acceptance of Updated Terms: Continued access to or use of the Platform and its Services after any changes to these Terms constitutes acceptance of those changes. Users are encouraged to review these Terms periodically to stay informed about any updates. If a User does not agree with any changes, they must discontinue use of the Platform and cancel any subscriptions, if applicable.

10.4. Binding Nature of Amendments: Any amendments made to these Terms shall become effective immediately upon their posting on the Platform, unless otherwise stated. The amended Terms will apply prospectively from the date of update, meaning they will not apply retroactively to actions or transactions that occurred prior to the effective date of the amendments.

10.5. User Feedback on Changes: The Company values User feedback on any updates or amendments to these Terms. Users may provide feedback or raise concerns regarding the changes by contacting the Company’s customer support team. However, such feedback does not obligate the Company to make further changes to the Terms.

10.6. Temporary or Experimental Amendments: The Company may introduce temporary or experimental amendments to these Terms in connection with pilot programs, trials, or promotional events. Such amendments will apply only for the duration and scope specified by the Company and will be clearly communicated to participating Users.

10.7. Change of Services: The Company reserves the right to change, add, or remove any of the Services provided on the Platform, including but not limited to modifying existing features, introducing new features, discontinuing certain Services, or altering the functionality of the Platform. Users will be notified of any significant changes to the Services that may affect their use of the Platform.

10.8. Right to Correct Errors: In the event that any part of these Terms contains a typographical error, inaccuracy, or omission that does not reflect the Company’s intended agreement with the Users, the Company reserves the right to correct such errors without prior notice. The Company will make reasonable efforts to communicate corrections to affected Users.

10.9. Legal and Regulatory Compliance Updates: The Company may be required to update these Terms to comply with changes in applicable laws, regulations, or legal requirements. Such updates are necessary to ensure that the Platform remains in compliance with regulatory standards and may occur with little or no advance notice, depending on the urgency of the legal requirements.

10.10. Effect on Existing Agreements: In cases where these Terms are updated, any specific agreements or terms that the User has entered into with the Company may be superseded or modified as outlined in the updated Terms. Users should review all agreements in conjunction with the updated Terms to understand how changes may impact their existing rights and obligations.

10.11. Archiving of Previous Versions: The Company will retain archived versions of previous Terms for reference and record-keeping purposes. Users may request access to prior versions of the Terms for review, subject to the Company’s discretion and applicable data retention policies.

10.12. No Waiver of Rights: The Company’s right to update or amend these Terms shall not be construed as a waiver of any rights or remedies available under existing Terms or applicable law. The Company retains the right to enforce all provisions of these Terms, both before and after any updates are made.

10.13. Effective Date of Amendments: Unless otherwise specified, all amendments to these Terms shall become effective immediately upon being posted on the Platform. The “Last Updated” date will serve as the effective date, and any continued use of the Platform after this date will be governed by the updated Terms.

10.14. User Responsibility to Stay Informed: It is the responsibility of Users to stay informed of any changes to these Terms by regularly reviewing the Platform and associated communications. Failure to review updated Terms does not exempt Users from compliance with any amendments made by the Company.

10.15. Severability of Amendments: If any part of the amendments to these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original.

10.16. Grievances Related to Amendments: Users who have concerns or grievances related to amendments of these Terms may contact the Company’s grievance department as specified on the Platform. The grievance department will review and address the concerns in accordance with the Company’s grievance redressal policy.

10.17. Dispute Resolution for Amendments: Any disputes arising from or related to the amendments of these Terms shall be subject to the dispute resolution process outlined in these Terms, including arbitration or legal proceedings as applicable.

10.18. Right to Terminate Access: If a User disagrees with any amendments to these Terms and chooses not to comply, the Company reserves the right to terminate the User’s access to the Platform and its Services. In such cases, the User may be entitled to a prorated refund for any prepaid subscriptions, subject to the Company’s refund policies.

10.19. Governing Law and Jurisdiction: All amendments to these Terms shall be governed by the laws of India. Any disputes arising from the amendments shall be resolved in the courts located in Bangalore, India, and Users agree to submit to the jurisdiction of these courts.

11. Limitations of Liability

11.1. Limitation of Liability: To the maximum extent permitted by law, the Company, including its affiliates, officers, directors, employees, agents, licensors, and partners, shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, goodwill, data, or other intangible losses, arising out of or in connection with:

  • Your access to or use of, or inability to access or use, the Platform or Services.
  • Any conduct or content of any third party on the Platform.
  • Any unauthorized access to or use of the Company’s servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Platform.
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party.
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform.

11.2. Cap on Liability: In no event shall the total liability of the Company, its affiliates, and their respective officers, directors, employees, agents, and partners exceed the amount paid by you, if any, for accessing the Platform or using the Services during the six (6) months immediately preceding the event giving rise to such liability.

11.3. Exclusions of Certain Damages: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, the liability of the Company shall be limited to the fullest extent permitted by law.

11.4. No Liability for User Conduct: The Company is not responsible for the actions, content, information, or data of third parties, and you release the Company, its affiliates, directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

11.5. No Liability for Force Majeure Events: The Company shall not be liable for any delay or failure in performance resulting from acts beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

11.6. Third-Party Services and Content: The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

11.7. Disclaimer of Warranties: The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that the Platform or Services will be uninterrupted, error-free, or completely secure, nor does it make any warranty as to the accuracy, completeness, or reliability of any content available through the Platform.

11.8. Assumption of Risk: You expressly agree that your use of the Platform and Services is at your own risk. You assume full responsibility for any damage to your computer system, loss of data, or any other harm that may result from your access to or use of the Platform, including the downloading or use of any files, information, content, or other materials obtained through the Platform.

11.9. Indemnification by Users: You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that arise from or relate to:

  • Your use or misuse of the Platform or Services.
  • Your violation of these Terms.
  • Your violation of any rights of another person or entity, including intellectual property rights.
  • Any content that you post, upload, use, distribute, store, or otherwise transmit through the Platform.

11.10. No Liability for Informational Errors: The Company does not warrant the accuracy, reliability, or completeness of any information on the Platform, including any errors or omissions in content provided by the Company or third parties. Users are encouraged to verify any information before relying on it.

11.11. Aggregate Liability: The aggregate liability of the Company to any User arising out of or related to these Terms shall not exceed the total amount paid by the User, if any, for the specific Service that is the subject of the claim, during the twelve (12) months immediately preceding the event giving rise to such liability.

11.12. No Liability for Unauthorized Access: The Company shall not be liable for any unauthorized access to or alteration of User transmissions or data, any material or data sent or received, or not sent or received, or any transactions entered into through the Platform.

11.13. Mitigation of Damages: You agree to take reasonable steps to mitigate any loss or damage you suffer in connection with any claim or action (including by notifying the Company in writing of any potential claims you may have against the Company).

11.14. Severability of Limitations: If any provision of this Limitations of Liability section is found to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

11.15. Time Limit to Bring Claims: You agree that any cause of action related to or arising out of your relationship with the Company must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

11.16. Governing Law and Jurisdiction: This Limitations of Liability section is governed by the laws of India. Any disputes arising from or related to this section shall be resolved in the courts located in Bangalore, India. Users agree to submit to the jurisdiction of these courts for any claims related to the limitations of liability.

12. Indemnification and Release

12.1. Indemnification: You agree to indemnify, defend, and hold harmless Bhasava Lakshmi Private Limited, its affiliates, and their respective officers, directors, employees, agents, licensors, and partners from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Platform or Services.
  • Your violation of these Terms, any applicable law, or any rights of a third party.
  • Any User Content that you post, upload, use, distribute, store, or otherwise transmit through the Platform, including any claims that such User Content infringes the intellectual property, privacy, or other rights of any third party.

12.2. Defense of Claims: The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate as fully as reasonably required in the defense of any claim. You shall not settle any matter without the prior written consent of the Company.

12.3. Release of Claims: You hereby release the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and partners from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and one or more other Users or third parties, including but not limited to any claims relating to the use of User Content, interactions with other Users, or any goods or services acquired through the Platform.

12.4. User Responsibility for Actions: You acknowledge that you are solely responsible for your actions while using the Platform. You agree to comply with all applicable laws, rules, and regulations, and to refrain from using the Platform for any unlawful purpose or in a manner inconsistent with these Terms.

12.5. Third-Party Claims: If a third-party claim is brought against the Company based on your actions, User Content, or any other information you provide through the Platform, you agree to indemnify the Company against any resulting losses, damages, costs, or expenses, including reasonable legal fees.

12.6. Notice of Claims: If you become aware of any claim or potential claim that may give rise to indemnification under this section, you must notify the Company promptly in writing. Failure to provide timely notice may limit your obligation to indemnify the Company.

12.7. Settlement of Claims: You agree not to settle any claim, action, or proceeding without the prior written consent of the Company. The Company reserves the right to settle any claim, action, or proceeding at its own discretion, without your consent, if such settlement does not impose any financial obligation or admission of liability on you.

12.8. No Indemnity for Willful Misconduct: The indemnification obligations set forth in this section do not apply to claims arising from the Company’s willful misconduct or gross negligence. The Company remains responsible for its own actions and decisions in relation to its management and operation of the Platform.

12.9. Scope of Indemnification: The indemnification provided in this section applies to any claims arising from your use of the Platform, including but not limited to:

  • Intellectual property infringement claims.
  • Privacy violations or data protection breaches.
  • Defamation or libel claims.
  • Claims related to unauthorized use of User Content.
  • Breaches of contract or terms of service.

12.10. Mitigation of Losses: You agree to take all reasonable steps to mitigate any loss, damage, or liability arising from claims that are subject to your indemnification obligations. This includes promptly notifying the Company of any potential claims and cooperating fully with the Company’s defense efforts.

12.11. Release of Liability for Platform Use: You acknowledge and agree that your use of the Platform is voluntary and at your own risk. By using the Platform, you release the Company from any and all liability for any harm, loss, or damage that may result from your use of the Platform, including but not limited to interactions with other Users, reliance on Platform content, or any errors or omissions in the Services provided.

12.12. Acknowledgment of Risk: You acknowledge that the Platform is an open environment where User-generated content is posted, shared, and interacted with by a wide range of individuals. You accept the inherent risks associated with engaging in online communities and using digital services, including the potential exposure to offensive, harmful, or misleading content.

12.13. No Waiver of Indemnification Rights: The Company’s failure to enforce any provision of this indemnification section shall not constitute a waiver of its right to enforce that provision in the future. The Company reserves the right to seek indemnification from Users at any time for any claims covered under this section.

12.14. Binding Effect: The indemnification and release obligations set forth in this section shall be binding upon and inure to the benefit of the Company and its successors, assigns, and affiliates, as well as any individuals or entities indemnified under these Terms.

12.15. Governing Law and Jurisdiction: This Indemnification and Release section is governed by the laws of India. Any disputes arising from or related to this section shall be resolved in the courts located in Bangalore, India. Users agree to submit to the jurisdiction of these courts for any claims related to indemnification and release.

12.16. Severability of Indemnification Provisions: If any provision of this Indemnification and Release section is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original.

12.17. Termination of Indemnification Obligations: Your indemnification obligations under this section shall survive the termination of your use of the Platform or the termination of your User Account, regardless of the reason for termination.

13. Breach of Terms

13.1. Consequences of Breach: Without prejudice to the Company’s other rights under these Terms, if a User breaches any provision of these Terms, or if the Company reasonably suspects that a User has breached these Terms in any way, the Company may take any of the following actions as deemed appropriate:

  • Temporarily suspend the User’s access to the Platform.
  • Permanently prohibit the User from accessing the Platform.
  • Block computers or devices using the User’s IP address from accessing the Platform.
  • Contact any or all of the User’s internet service providers and request that they block the User’s access to the Platform.
  • Commence legal action against the User for breach of contract or otherwise.
  • Suspend or delete the User’s account and all associated data.

13.2. Notice of Breach: The Company may, but is not obligated to, notify the User of any breach and provide an opportunity to rectify the breach within a specified timeframe. Failure to remedy the breach within the given period may result in permanent suspension or termination of access to the Platform.

13.3. No Refunds for Breach: If the Company terminates or suspends a User’s access to the Platform due to a breach of these Terms, the User shall not be entitled to any refund of subscription fees or other charges paid for Services, unless otherwise specified in the Company’s refund policy.

13.4. Right to Recover Damages: In addition to suspending or terminating the User’s access, the Company reserves the right to seek compensation for any losses, damages, costs, or expenses incurred as a result of the User’s breach of these Terms. This may include, but is not limited to, legal fees, repair costs, and any fines or penalties imposed on the Company due to the User’s actions.

13.5. Investigation of Breaches: The Company reserves the right to investigate any suspected or actual breaches of these Terms. During an investigation, the Company may restrict the User’s access to the Platform and require the User to provide information, documentation, or other evidence related to the suspected breach.

13.6. Immediate Action: The Company may take immediate action without prior notice if it believes that the User’s actions pose a risk to the safety, security, or integrity of the Platform, other Users, or the Company’s operations. This includes, but is not limited to, actions involving fraudulent activities, hacking, unauthorized access, or any conduct that violates applicable laws.

13.7. Third-Party Complaints: If the Company receives a complaint from a third party alleging that the User has violated these Terms or engaged in unlawful or harmful conduct, the Company may investigate the complaint and take appropriate action, including notifying the User and providing an opportunity to respond.

13.8. Right to Refuse Service: The Company reserves the right to refuse access to the Platform or Services to any User who violates these Terms, engages in inappropriate or unlawful conduct, or poses a threat to the Company, its Users, or its business operations.

13.9. Monitoring of Compliance: The Company reserves the right to monitor User activity on the Platform to ensure compliance with these Terms. This includes the use of automated systems to detect and prevent prohibited activities, such as spamming, phishing, or unauthorized data scraping.

13.10. Reporting of Violations: Users are encouraged to report any violations of these Terms or suspicious activities on the Platform to the Company’s support team. The Company will review reported violations and take appropriate action in accordance with these Terms.

13.11. Suspension for Repeated Violations: Users who repeatedly violate these Terms, even after warnings or suspensions, may be permanently banned from the Platform. The Company reserves the right to maintain a record of violations and consider past behavior when determining the appropriate course of action.

13.12. Restoration of Access: If the Company suspends a User’s access due to a breach, the User may request reinstatement by demonstrating compliance with these Terms and addressing any issues that led to the suspension. The Company reserves the right to approve or deny reinstatement requests at its sole discretion.

13.13. No Liability for Actions Taken: The Company shall not be liable for any damages, losses, or expenses incurred by the User as a result of actions taken by the Company in response to a breach of these Terms. This includes loss of access to the Platform, loss of data, or any other impact resulting from enforcement actions.

13.14. Legal Remedies: The Company reserves the right to pursue all available legal remedies, including seeking injunctive relief, monetary damages, and any other appropriate measures, to address breaches of these Terms. The Company may also cooperate with law enforcement authorities in investigating and prosecuting violations of applicable laws.

13.15. Obligation to Cooperate: Users agree to cooperate fully with any investigation or inquiry conducted by the Company related to a breach of these Terms. This may include providing information, access to accounts, or other assistance as required to resolve the issue.

13.16. Severability of Breach Provisions: If any provision of this Breach of Terms section is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original.

13.17. Termination for Cause: In addition to any other rights or remedies, the Company reserves the right to terminate the User’s account for cause if the User breaches these Terms. Cause includes, but is not limited to, fraud, illegal activities, abuse of the Platform, or any actions that harm other Users or the Company.

13.18. Grievances Related to Breach Actions: Users who disagree with any enforcement actions taken under this section may contact the Company’s grievance department to discuss their concerns. The grievance department will review the case and provide a response in accordance with the Company’s grievance redressal policy.

13.19. Governing Law and Jurisdiction: This Breach of Terms section is governed by the laws of India. Any disputes arising from or related to a breach of these Terms shall be resolved in the courts located in Bangalore, India. Users agree to submit to the jurisdiction of these courts for any claims related to breaches of these Terms.

14. Modifications to or Termination of the Platform

14.1. Right to Modify or Discontinue Services: The Company reserves the right, at any time and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice to Users. Modifications may include, but are not limited to, changes to features, functionalities, or the availability of certain Services.

14.2. Temporary Suspension: The Company may temporarily suspend access to the Platform or certain Services to perform maintenance, updates, or technical improvements. The Company will make reasonable efforts to provide advance notice to Users of any planned downtime. However, the Company is not obligated to provide notice of unscheduled maintenance that may be necessary to ensure the stability and security of the Platform.

14.3. Permanent Discontinuation: In the event that the Company decides to permanently discontinue the Platform or a specific Service, the Company will provide Users with reasonable notice where feasible. The Company will make efforts to offer alternative options or refunds for any remaining portion of prepaid subscriptions, at its discretion.

14.4. Termination by the Company: The Company reserves the right to terminate a User’s access to the Platform and Services at its sole discretion, with or without cause, and with or without notice. Termination may occur due to a breach of these Terms, unauthorized use of the Platform, or any other reason deemed appropriate by the Company.

14.5. Termination by the User: Users may terminate their use of the Platform and Services at any time by deleting their User Account through the Platform’s settings or by contacting the Company’s customer support. Termination will take effect immediately upon processing the request, and the User will lose access to all Services associated with their account.

14.6. Effect of Termination on User Accounts: Upon termination of a User’s account, the User’s right to access and use the Platform will immediately cease. All data, content, and information associated with the User’s account may be deleted, unless retention is required by law or the Company’s data retention policies. The Company is not obligated to retain any information related to a terminated account.

14.7. Refunds Following Termination: If the Company terminates a User’s access to the Platform without cause, the Company may provide a prorated refund for any prepaid Services that the User will no longer be able to access. No refunds will be provided for terminations due to breaches of these Terms or violations of applicable laws.

14.8. Data Backup and Retrieval: Prior to termination, Users are responsible for backing up any data or content they wish to retain. The Company is not responsible for any loss of data resulting from termination of access to the Platform. Users may request the retrieval of data, subject to the Company’s discretion and data retention policies.

14.9. Impact on Subscriptions: If a User’s subscription is terminated due to Platform modifications or discontinuation, the Company will provide options for either transferring the subscription to a comparable Service, if available, or issuing a refund for the unused portion of the subscription. The Company’s decision on refunds and substitutions shall be final.

14.10. No Liability for Modifications or Termination: The Company shall not be liable to Users or any third party for any modification, suspension, or discontinuation of the Platform or Services. Users acknowledge that the Company’s decision to modify or terminate the Platform is made in the interest of operational needs, compliance with laws, or other business considerations.

14.11. Reinstatement of Access: If a User’s access is terminated due to reasons other than a breach of these Terms, the User may request reinstatement by contacting the Company. The Company reserves the right to approve or deny reinstatement requests based on its evaluation of the circumstances surrounding the termination.

14.12. Closure of Inactive Accounts: The Company reserves the right to close User accounts that have been inactive for an extended period of time, as determined by the Company’s policies. Inactive accounts may be closed without notice, and all associated data may be deleted. Users are encouraged to log in periodically to maintain their account status.

14.13. Effect of Termination on Legal Rights: Termination of a User’s access to the Platform does not waive or affect any rights, remedies, or claims that the Company may have against the User arising from any breach of these Terms. The Company reserves the right to pursue legal action to enforce its rights even after termination.

14.14. Communications Following Termination: Upon termination, the Company may continue to communicate with the User for purposes related to account closure, outstanding fees, refunds, or any legal or regulatory matters. Users who wish to cease all communications should notify the Company in writing, except where communications are required by law.

14.15. Migration to Alternative Platforms: In the event of permanent discontinuation of the Platform, the Company may, at its discretion, offer migration options to alternative platforms or services. Users may be provided with guidance on how to transition their data and content to other supported platforms, subject to compatibility.

14.16. Governing Law and Jurisdiction: This Modifications to or Termination of the Platform section is governed by the laws of India. Any disputes arising from or related to modifications or termination of the Platform shall be resolved in the courts located in Bangalore, India. Users agree to submit to the jurisdiction of these courts for any claims related to Platform modifications or termination.

14.17. Severability of Termination Provisions: If any provision of this section is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original.

14.18. Notice of Termination: Any notice of termination provided by the Company will be delivered through the User’s registered email address or through the Platform. Users are responsible for maintaining accurate contact information to receive such notices.

14.19. Effect of Termination on Legal Obligations: Termination of access to the Platform does not absolve the User of any legal obligations or liabilities incurred prior to termination. The User remains responsible for fulfilling any outstanding payments, compliance with legal requirements, and adherence to applicable laws.

15. Miscellaneous

15.1. Charges for Services: The Company may charge fees for certain Services provided on the Platform, as described during the subscription or purchase process. All charges are non-refundable unless expressly stated otherwise in these Terms or as required by applicable law. The Company reserves the right to change the pricing and fees of the Services at its discretion, with or without notice to Users.

15.2. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts located in Bangalore, India. Users agree to submit to the personal jurisdiction of these courts.

15.3. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended. The seat and venue of arbitration shall be Bangalore, India, and the language of arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties.

15.4. Advertisements: The Company may display advertisements and promotions on the Platform. The manner, mode, and extent of advertising by the Company on the Platform are subject to change without specific notice to Users. Users agree that the Company shall not be responsible or liable for any loss or damage incurred as a result of interactions with such advertisements or advertisers.

15.5. Communications: By using the Platform, Users consent to receiving electronic communications from the Company, including but not limited to notifications, updates, promotional messages, and other information related to the Services. Users may opt-out of receiving non-essential communications through their account settings or by following the opt-out instructions provided in the communications.

15.6. IP Infringement: If you believe that your intellectual property rights have been infringed by content on the Platform, please notify the Company’s designated agent with a description of the infringing material and sufficient information for the Company to locate the material. The Company will review and address claims of infringement in accordance with applicable laws and its internal policies.

15.7. Use of Cookies: The Platform uses cookies and similar technologies to enhance User experience, track usage, and improve the quality of the Services. Users can control the use of cookies through their browser settings; however, disabling cookies may affect the functionality of the Platform. By using the Platform, Users consent to the use of cookies as described in the Privacy Policy.

15.8. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the User without the prior written consent of the Company. The Company may assign its rights and obligations under these Terms to any affiliate, successor, or acquirer of the Company’s business assets.

15.9. No Agency or Partnership: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between the User and the Company. Users have no authority to bind the Company in any respect.

15.10. Force Majeure: The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, technical failures, or governmental actions. In such events, the Company shall be excused from its obligations for the duration of the event.

15.11. No Third-Party Beneficiaries: These Terms are intended for the benefit of the User and the Company and are not intended to confer any rights or benefits upon any third party. No third party shall have the right to enforce any provision of these Terms.

15.12. Notice: The Company may provide Users with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Platform. Users are responsible for maintaining updated contact information to receive such notices.

15.13. Entire Agreement: These Terms, along with the Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between the User and the Company concerning the use of the Platform. These Terms supersede all prior or contemporaneous understandings, agreements, or representations, whether written or oral, related to the subject matter herein.

15.14. Waiver and Severability: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original.

15.15. Customer Care & Grievance Mechanism: Users may contact the Company’s customer support team for assistance with any issues or inquiries related to the Platform. The Company is committed to resolving grievances promptly and transparently. Users may also contact the designated grievance department for escalated concerns, with the officer’s contact details available on the Platform.

15.16. Amendments and Changes to Terms: The Company reserves the right to amend or update these Terms at any time, with or without notice to Users. Continued use of the Platform after any such changes constitutes acceptance of the updated Terms. Users are encouraged to review these Terms periodically to stay informed about any changes.

15.17. Survival of Terms: All provisions of these Terms that by their nature should survive termination of your access to the Platform, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive any termination of your access to the Platform.

15.18. Feedback and Suggestions: The Company welcomes feedback, suggestions, and ideas from Users regarding the Platform and its Services. By submitting feedback, Users grant the Company a perpetual, royalty-free license to use, modify, and incorporate the feedback into the Platform without any obligation to compensate the User.

15.19. Governing Language: These Terms are drafted in English and may be translated into other languages for convenience. In the event of any inconsistency between the English version and a translated version, the English version shall prevail.

16. Customer Care & Grievance Mechanism

16.1. Customer Support: The Company is committed to providing excellent customer service and support. Users may contact the Company’s customer support team for assistance with any issues, inquiries, or feedback related to the Platform and Services. The contact details for customer support, including email and phone numbers, are available on the Platform’s “Contact Us” page.

16.2. Grievance Redressal: The Company has a designated grievance department to address User complaints and ensure prompt and fair resolution of issues. Users who have concerns or complaints about the Services, Terms, or any aspect of the Platform may contact the grievance department using the contact details provided below:

  • Email: team@venturekites.com
  • Address: No. 19, 4th C Cross Koramangala Industrial, 5th Block, Area, Bengaluru, Karnataka 560095

16.3. Acknowledgment of Complaints: Upon receipt of a complaint, the grievance department will acknowledge the complaint within 24 hours. The Company aims to resolve all complaints within 15 days from the date of receipt, subject to the nature and complexity of the issue.

16.4. Escalation of Unresolved Issues: If a User’s complaint is not resolved to their satisfaction, the User may escalate the matter by contacting the Company’s senior management or relevant regulatory authorities, as applicable. The Company is committed to resolving escalated issues in accordance with its policies and legal obligations.

16.5. User Responsibilities: Users are expected to provide accurate and complete information when submitting complaints or inquiries. The Company may request additional information or documentation from the User to investigate and resolve the issue effectively.

16.6. Confidentiality of Complaints: All complaints and grievances submitted by Users will be treated with confidentiality. The Company will use the information provided solely for the purpose of resolving the complaint and improving its Services. Personal Data collected during the grievance process will be handled in accordance with the Company’s Privacy Policy.

16.7. Monitoring and Improvement: The Company regularly reviews feedback and complaints to identify areas for improvement in its Services and customer support processes. The Company values User feedback as an essential part of enhancing the overall User experience on the Platform.

16.8. No Retaliation: The Company does not tolerate retaliation against Users who submit complaints or provide feedback in good faith. Users are encouraged to voice their concerns without fear of adverse consequences.

16.9. Dispute Resolution: Any disputes arising from the grievance process shall be resolved in accordance with the dispute resolution provisions outlined in these Terms, including arbitration and legal proceedings as applicable.

16.10. Updates to Grievance Mechanism: The Company reserves the right to update its grievance redressal policy and contact details of the grievance department from time to time. Users will be notified of any significant changes through the Platform or other appropriate means.

Final Note: The Company strives to maintain a transparent and responsive relationship with its Users. If you have any questions or need further assistance, please do not hesitate to contact us through the provided channels.