CONDITIONS OF USE

Smuuth Innovative Solutions Private Limited, a private limited company incorporated under the provisions of the Companies Act, 1956 and registered in Bangalore, having its office at A044, Sobha Magnolia, 1st Main, B.G. Road, Gurappana Palya, Bangalore – 560029, (hereinafter referred to as the “Company”). The Company is in the business of developing and providing cloud based services in B2B (Business to Business), B2C (Business to Consumer) and C2C (Consumer to Consumer) segments. This service called Virphy is availed by the customers through the Company owned website www.smuuthsolutions.com/virphy or by sending an email from the user’s registered e-mail ID to the Company provided Virphy Email ID (hereinafter referred to as “Virphy Service”) collectively referred to as the “Services”. This Agreement for the Terms and Conditions of use of the Company's Services (hereinafter referred to as “Agreement”) describes certain terms and conditions to avail the Services of the Company by a visitor or a registered user, which visitor or end user will include but not limited to an individual, an entity, corporates, institutions, etc. - and to order products/services (hereinafter referred to as the “End User”, “You” or “Your”). More information of the Company is available at www.smuuthsolutions.com.

  1. ACCEPTANCE OF TERMS OF USE
  2. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE. IF YOU ARE NOT AGREEABLE TO THE TERMS AND CONDITIONS WE REQUEST YOU NOT TO ACCESS THE WEBSITE OR AVAIL OF THE VIRPHY SERVICE.
    1. You expressly agree to be bound by this Agreement, irrespective of whether You are a registered member or a visitor, by using the information, tools, features and functionality located on the Website or otherwise. As such, You agree to be bound by the terms and conditions detailed herein.
    2. The Company recommends that, irrespective of whether You are a Visitor or a Registered Member who proposes to utilize the Services provided by the Company, to carefully read all the terms and conditions as provided herein.
    3. The said terms and conditions displayed are recommended to be saved or printed for any future reference and for Your own records.
    4. The Company expressly states that the Services provided or offered and the Agreement that You are required to be bound by is meant only for individuals/entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws. In the event, if You are not legally permitted to enter into a contract or are for some reason either due to Your age or any other reason not permitted to enter into an Agreement, then, You are not permitted to utilize the Services provided by the Company or enter into this Agreement.
    5. If you are a minor, then, you can use the Services under parental supervision. Your acceptance of this Agreement and utilization of Services implies and You expressly and implicitly represent to the Company that You are of the legal contracting age or operating under parental supervision and nothing will invalidate this Agreement. The Company has the right to bind You and your parents to this Agreement.
    6. In the event that You are representing certain individual(s), company(ies), third parties or any entities, in any capacity, then, You expressly confirm that You have the valid authority and the right to do so for and on behalf of them. By entering into this Agreement, You state that You have the right to bind such individual(s), company(ies), third parties or any entities to this Agreement.
    7. You are strictly prohibited from unauthorized use of our systems or the Services, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Website.
    8. You acknowledge that the Company may disclose and transfer any information that You provide through the rendering of the Services to (i) our affiliate or information/service providers, (ii) to any third party but strictly with Your permission, or (iii) if we are legally bound to disclose any information due to compulsions under law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through the Services You agree to such transfers.
    9. You expressly agree and acknowledge that usage of the Website(s) may be monitored, tracked and recorded. As such, You expressly consent to such monitoring, tracking and recording.
    10. You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session. By the continued accessing of the Website or the Services, You implicitly agree to be bound by the revised terms and conditions. Any such revisions will be duly posted on the Website and the Company may, if it chooses, send you an e-mail in this regard.

  3. DESCRIPTION OF SERVICES AND PRODUCTS
    1. The Company provides an opportunity for You to print your documents, whatever nature it may be provided it is legal and does not contain any malicious, vulgar, defamatory content, etc., in such manner as detailed and described in the Website.
    2. The different types of printing which we employ are digital printing and laser printing. We may in future include different other types of printing which will be notified to You.
    3. The Company caters to large organizations, medium and small scale enterprises as well as individuals.
    4. This Service is designed in order to help You to print Your documents and dispatch it to any place that you may desire. The Company is not concerned and shall not review or read any part or whole of the content.
    5. Any illegal, immoral, malicious or defamatory nature of content submitted for printing shall be Your sole responsibility. However, if the Company is aware of or comes across such a content, then, it shall forthwith refuse to undertake the work for You. You shall have no claim or liability whatsoever against the Company in such an eventuality.

  4. REGISTRATION AND USE
    1. In order to avail of the Services provided by the Company, You may choose to either register Yourself on the Website or choose not to register and instead be a visitor while using the Services. If you are a registered user, You may send an e-mail to the Virphy registered email ID along with the documents to be printed and/or dispatch it to the desired place. If you are not a registered user, then you can avail the service only from Company Website. If You choose to register Yourself, personal information such as your login ID, e-mail address and password will be sought to provide the Services and saved in the database for ease of doing future transactions.
    2. You agree and understand that You are responsible for maintaining the confidentiality of all information provided to the Company while registering Yourself, which includes Your login ID, e-mail address and the passwords for the same. You are fully responsible for all activities that occur under Your email address password or account and You shall ensure that You exit from Your account at the end of each session.
    3. The Company will send all correspondences, notices and any other communication to the e-mail address and/or mobile number furnished by You. In case of any change in the said e-mail address and/or mobile number, it is Your duty to update or change the same.
    4. The Company shall maintain utmost secrecy and use reasonable security measures to ensure that the information is not misused by any third party.
    5. In the event of Your becoming aware of any unauthorized or misuse of the information provided by You to the Company, You are requested to forthwith contact the Company at virphy.support@smuuthsolutions.com. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Clause.

  5. INFORMATION REQUIRED FROM YOU
    1. Upon Your acceptance of agreeing to be a member and avail services from our Website(s), we would request You certain basic information for registration. Once You provide us with the details, we would request You for additional information in order to provide You with the Services.
    2. However, unless it is absolutely required or essential, we will not request You for any personal information or identity disclosure. All information provided by You will be treated as private and confidential. The same is more fully detailed under the clause of Privacy Policy and Security below.
    3. The Company hereby undertakes and confirms that the mechanism employed by the Company is more specific to users whereby personal data or information is maintained or tracked or stored on Company’s servers maintained either by it or by third party(ies). All such information shall be in an archive for a specific period and not used for any personal purposes by the Company.

  6. PRICING AND PAYMENT
    1. Virphy Service operates on a pre-paid model and thus users have to maintain a balance in their accounts for debiting at the time processing of a transaction. Each transaction shall be charged separately and the sum shall be deducted from the pre-paid amount. All prices shall be in Indian rupees. The prices, Products and Services are subject to change at the Company’s discretion or depending on the Service request. The prices are by no means implied to be final and binding on the Company.
    2. Depending on the service request, the final price may be inclusive and/or exclusive of taxes and this will be notified by the Company at such time that the invoice is processed.
    3. In the event of any inadvertent mistake by the Company in quoting the price, the Company will notify You of the error before Your payment is processed. You will then have the choice to either accept the correct price or to cancel Your Order.
    4. The Company accepts the following form of payments
      1. Net banking;
      2. Credit Card;
      3. Debit Card and
      4. cheque payments.
    5. You agree, understand, confirm and state that the payment details provided by You will be correct, accurate and is owned by You. In the event You use the card belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the payment mechanism, for making payments.
    6. The Company will not be liable for any payment details provided and any fraud arising thereto. The liability for use of a payment mechanism fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
    7. In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover the cost of Product/s, collection charges, attorney’s charges etc., from a user using the Services fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Services and any other unlawful acts or acts or omissions in breach of these terms and conditions.

  7. REQUEST (ORDER) FOR SERVICES AND PRODUCTS
    1. You will have to submit Your Order for the Services as detailed under the Website/s or you can send an e-mail from your registered sender email-id to any of the registered Virphy email-ids.
    2. Once the order is submitted with an express intention to avail the Services and Product and the same may not be cancelled except as provided hereunder.
    3. Based on the information provided by You and subject to the Company’s verification of the same, the Orders will be accepted by the Company for processing.
    4. All orders will be processed once the Company receives the payment for the Product. The Company does not provide for cash on delivery.
    5. Orders will be confirmed via e-mail, if requested.
    6. The Company will use its best efforts to ensure that an order placed by You is successfully processed within a reasonable period of time, once the Service is requested. However, there could be delays which could occur due to various reasons, beyond the Company’s control. The Company does not make any express or implied time commitments within which the service request will be processed and delivered.

  8. DELIVERY AND NO CANCELLATION
    1. The Company will make the delivery on a ‘best effort’ basis after acceptance of Your order. Subject to events beyond the Company’s control. While the Company strives its best to ensure a smooth delivery process, in the event that the Company is unable to meet the estimated delivery timeframes, You accept and agree that the Company will not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of the late delivery of Your order. You further acknowledge that the delivery of your order may be impacted by events beyond the control of the Company, such as adverse weather conditions, industrial action, or an inability to secure labour, power, internet services, GSM network connectivity, materials or supplies.
    2. The Company is not liable for any incorrect order or delivery where you make an error in the information that you provide to the Company. For ex. if you provide the incorrect delivery address or submit an incorrect order. If you do not provide a valid physical address for delivery, then the Company cannot be held liable or responsible for the same. It may also not be possible for the courier agency to deliver to some locations. If this is the case, the Company will inform You using the contact details that You provide to us when You make your order, and will arrange for delivery to a different delivery address if provided by You.
    3. The Company will communicate the dispatch details to You and will ship the Product/s to the mailing address provided by You while placing the order. If you do not receive the Product/s within a reasonable period of time, You should immediately notify the Company.
    4. The Company engages the services of a professional courier agency and/or the postal department to ensure speedy and accurate deliveries.  The delivery service is available during normal working hours during weekdays only, and no deliveries will be made on weekends or public holidays. You may be required to sign for delivery and to provide a valid form of identification when Your order is delivered.
    5. If You are not available to take delivery of Your order, the courier agency may attempt either one or two more deliveries to the physical address that You provided during the online ordering process and, if still unsuccessful, the courier company, acting on the Company’s behalf, will call You to arrange, in its sole and absolute discretion, for either a further delivery attempt to be made or for You to collect Your order from the courier company. 
    6. In the event that the Company and/or its duly appointed courier company is unable to contact You, despite all reasonable attempts to do so, using the contact details and/or physical delivery address that You provided during the ordering process, we undertake no responsibility or liability in this regard.
    7. You have an obligation to forthwith check the printed documents for accuracy upon receipt of the same.
    8. The Company reserves the right to cancel an order in case the order request is not acceptable to the Company or the Company is unable to fulfil the request for services for reasons beyond its control. Upon such cancellation, the Company (depending on the reasons for cancellation) may refund the money to You. Any such cancellation shall be at the sole discretion of the Company and You will have no right to contest the same. The reasons for cancellation could be due to, in accuracy in Product or pricing information or due to reasons of any fraud or wrong usage of payment mechanism adopted by You or due to any illegal, unlawful or immoral materials requested to be printed by You. Any cancellation will be intimated to You by the Company using the contact details you have provided, if they are accurate.

  9. TERMINATION
  10. This Agreement to be applicable and shall be binding on the parties, i.e., You and the Company, unless terminated as specified below:

    1. by You, by providing a written notice of at least 3 (three) business days;
    2. closure of Your account by the Company or You for any reason immediately;
    3. The Company may terminate this Agreement and close Your account if it comes to the knowledge of the Company that You have breached any of these terms and conditions, whether intentionally or by implication;
    4. The Company may terminate the Agreement, if it is so required to be one by an express direction of law.
    5. All termination notices have to be forwarded to virphy.support@smuuthsolutions.com.
    6. The Company hereby expressly states that this Service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news and bulletin boards, blogs, tools, information and databases) is intended for End Users who are legally permitted to enter into a contract. This Service is not intended for the use of minors or people who are not permitted to enter into a valid and binding contract. In the event if it comes to the attention of the Company, from authentic and valid resources, that a particular End User does not meet this criteria, then, the Company will forthwith close the account of the said End User and will delete all information and content which is relating to that End User without any obligation or liability towards such End User from the Company’s records.

  11. LEGAL USES
    1. Further, You agree and understand that Your right to access and use the Services offered on this Website is personal to You and is not transferable by You to any other person or entity.
    2. You understand that You are authorized to access and use the services only for legal and lawful purposes.
    3. You further undertake and state that by using the services You are in no way impersonating or misrepresenting any person or entity. All services availed are for Yourself only. In the event You are representing individual/s, company/ies, third parties or any entities, You undertake and state that You are authorized to represent such individual/s, company/ies, third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and the Company shall not be held responsible or liable in any way to any person or entity.
    4. Any changes in Your registration information must be duly updated by You.
    5. Your access and use of this Website may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that the Website, in its sole discretion, may elect to take. We at the Company utilize our best efforts to provide the Services without any interruptions or hindrance, however, we do not warrant that the function, operation, security or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a user of the Website, You agree that Your access will be subject to these terms and conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the Website.

  12. RIGHTS GRANTED BY YOU
    1. As the provision of Services includes You providing us with information, data, passwords, usernames, personal identification numbers and other materials and contents, suggestions, ideas, feedback, etc., You are hereby expressly granting us the license and right to utilize the same for and on Your behalf in order to provide the Services.
    2. The Company may or will use such information with the sole purpose for providing You the required Services and not for any other purpose. As such, You hereby warrant and represent that You are duly authorized to submit or represent the third party on behalf of whom You are providing these information to the Company.
    3. Further, You acknowledge and agree that these materials, suggestions, feedback and information can be utilized without any obligation or restriction on the Company in terms of payment of fee or any other limitations for marketing, promoting, advertising or other purposes.

  13. STORAGE, DELETION OR TRANSPORT OF DATA
    1. The Company states that the data provided by You shall belong solely and exclusively to You. As such, You are permitted to remove or delete the data, so provided, either in full or any portion, at any point in time as You desire. The Company requests You to notify the Company of such removal or deletion.
    2. In the event, You desire the Company to remove or delete all or any portion of the data belonging to You, then, the same needs to be provided in writing to the Company. Upon receipt of such written request, the Company will do the needful forthwith and notify You of the same. The Company will not retain any copies of such data on its server or in any other place.
    3. In this regard, the Company warrants that it cannot access such deleted material at any point in time. Any contact, information or access that the Company had towards such data or material or accounts will cease forthwith. However, certain portions of Your data, which the Company had maintained on its servers may remain either in backups or in transaction logs. These are maintained only for the specific purpose of backup or to provide Services to You in the event of any malfunction or damage to our server in order to ensure continuity of our service without disruption.

  14. COMMUNICATION
    1. The Company may send You communication, notices or alerts from time to time. These alerts and communication will be sent automatically by the Company to You. In case You have suppressed the receipt or disabled or marked alerts or communication in general to be junked, the Company recommends You to revise the same and activate the receipt of alerts to Your proper destination. As such any communication from our end will be related to the Services.
    2. All advertising, marketing and other mails to You will be sent only with Your express consent. In case You do not wish to receive these mails after a particular point in time, then, You may notify the Company who will in due course ensure that such mails are not marked to You.
    3. Changes to Your email address will apply to all of Your alerts.
    4. Any e-mail which is sent by the Company or through any of the websites mentioned above, its contents and attachments, if any, are intended solely for the attention of the addressee/s and may also be privileged. If You are not the addressee You may not copy, forward, disclose any part of any message received or its attachments and if You receive a message in error, please delete the said message from Your system and notify us immediately.
    5. You agree and acknowledge that internet communications cannot be guaranteed to be secure or error free. Any information sent via internet could be intercepted, corrupted, lost or contain viruses. The Company and the Website therefore do not accept responsibility for any errors or omissions in messages received by You which may arise as a result of internet transmission.

  15. INTELLECTUAL PROPERTY
    1. You acknowledge and agree that the Website and any necessary software used in connection with the rendering of the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
    2. You further acknowledge and agree that any content or software on this Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material is protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by the Company You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, the Services offered thereto or any software thereto, in whole or in part.
    3. You acknowledge that the entire Website and its contents including the software is owned or duly licensed to the Company and are protected by the Copyright laws in India and under international treaty provisions.
    4. All trademarks, service marks, and logos used and displayed on the Website are registered to and/or owned by their respective owners. Nothing on the Company Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the Website, without the prior written consent and permission of the Company or the respective owners.
    5. You may download or print a copy of information provided on the Website for Your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.

  16. SECURITY AND PRIVACY
    1. The Company knows that You care how information about You is used and shared, and we appreciate Your trust that we will do so carefully and sensibly. We let You retain as much control as possible over Your personal information.
    2. However, You may not visit and use our site at any time without telling us who You are or revealing the required information about Yourself. To the Company, our most important asset is our relationship with You. We are committed to maintaining the confidentiality, integrity and security of any personal information about our users.
    3. We are proud of our privacy practices and the strength of our site security and want you to know how we protect Your information and use it to provide to You the Services. This notice describes our privacy policy. By visiting the Website or availing of the Virphy Service, You accept the practices described in this Privacy Policy.
      1. Information You Give Us: We receive any information You enter on our Website or give us in any other way.
      2. You can choose not to provide certain information, but then You might not be able to take advantage of many of our features. We use the information that You provide for such purposes as responding to your requests, customizing future commercial transactions, improving our data base, and communicating with You and utilising/exploiting/disclosing, without prejudice to any of Your other rights, the same for any other, whether commercial or non-commercial purpose which the Company in its sole discretion considers necessary for its business purposes or otherwise.

        You can add or update certain information. When You update information, we usually discard the prior version from our records.

      3. Automatic Information: We receive and store certain types of information whenever You interact with us. Our server logs Your activities for various diagnostic and analytical purposes. However, other than the IP address of Your machine from where You are accessing the Service, there is no other personal information maintained by the Company in the logs.
      4. E-mail Communications: To help us make e-mails more useful and interesting, we may request to receive a confirmation when You open e-mail from Your end if Your computer supports such capabilities.
      5. Sharing of Information Received by the Company: You can tell when another business is involved in Your transactions, and we share, use or, disclose customer information related to those transactions with that business.
      6. Business Transfers: As we continue to develop our business, we might be acquired completely or merge with any other Company. In such transactions, customer information generally is one of the transferred business assets. In such a case, we will intimate to You of the same and ensure the protection of Your information as per these policies and guidelines.
      7. Protection of the Company and Others: We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and other similar matters.

  17. SECURITY OF INFORMATION
    1. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input. We constantly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges.
    2. We do not and will not sell or rent Your personal information to anyone, for any reason, at any time, unless it is in
      1. in response to a valid legal request by a law enforcement officer or government agency or
      2. when You have explicitly or implicitly given Your consent, or
      3. utilize the same for some statistical or other representation without disclosing personal data.
    3. However, we may use Your information to send certain relevant or useful advertisement/s to You as part of either our communication to You or part of the delivered documents.
    4. We make every effort to allow You to retain the anonymity of Your personal identity and You are free to choose a Login ID email address and password that keeps Your personal identity anonymous. Access to Your Registration Information and Your personal financial data is strictly restricted to those of our Company employees and contractors, strictly on a need to know basis, in order to operate, develop or improve the Service. These employees or contractors may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
    5. With the exception of a Login ID in the form of an email address, which may be provided on an anonymous basis, and Your Third Party Account Information, your mobile number, landline number and other alternate contact details which are required for providing the Services, the Company does not require any information from You that might constitute personally identifiable information.
    6. It is important for You to protect Yourself against unauthorized access to Your password and to Your computer. Be sure to sign off when finished using a shared computer.
    7. As described in this Agreement and with Your consent, the Company will from time to time connect electronically to Your online bank, credit card and other online financial accounts to process Your Order.

    Conditions of Use, Notices, and Revisions

    If You choose to visit this Website, Your visit and any dispute over privacy is subject to this Agreement, including limitations on damages, arbitration of disputes, and application of the law of the Republic of India. If You have any concern about privacy of the Website, please send us a thorough description to virphy.support@smuuthsolutions.com and we will try to resolve it. Our business changes constantly. This Notice and the Terms of Membership will change also, and use of information that we gather now is subject to the Privacy Policy in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless You have instructed us not to, but You should check our Website frequently to see recent changes.

  18. PROHIBITED ACTIVITIES
  19. You agree NOT to do to the following:

    1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. impersonate any person or entity, including, but not limited to, officials, directors, employees, agents, authorized representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts;
    3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the Site;
    4. Collect or store personal data about other users;
    5. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
    6. Intentionally or unintentionally violate any applicable local, state, national or international law;
    7. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    8. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those specific areas that may be designated for such purpose of posting such mails or messages by the Company;
    9. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or the server, either in whole or part;
    10. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website or the server, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
    11. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website or the Service.
    12. Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
    13. You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
    14. You agree that any employment or other relationship You form or attempt to form with an employer, employee, or contractor whom You contact through areas of the Website that may be designated for that purpose is between You and that employer, employee, or contractor alone, and not with us.

  20. DISCLAIMER
  21. THE CONTENT AND ALL SERVICES ASSOCIATED WITH THE WEBSITE OR VIRPHY SERVICE PROVIDED BY THE COMPANY ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR OF THE VIRPHY SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK.

    THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING (i) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR (ii) OF THE SERVICE AND PRODUCTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ENGAGES AND EMPLOY THE BEST METHODS TO SAFEGUARD AND PROTECT AGAINST VIRUSES, INFECTION., ETC, HOWEVER, DESPITE SUCH BEST EFFORTS, THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

  22. LIMITATION OF LIABILITY
  23. THE COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS, OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SERVICE ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, YOUR USE OF THE SERVICE, YOUR PURCHASE OF SERVICES AND/OR PRODUCTS THROUGH THE WEBSITE OR THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  24. INDEMNITY BY YOU
  25. You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all loss, damages, claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by You, any misrepresentation or misuse of the Service offered to You or any negligent or unreasonable or inappropriate use of the Website or the Services.

  26. JURISDICTION
  27. The Company controls and operates the Website/s from its registered office in Bangalore, India, and makes no representation that these materials are appropriate or available for use in other locations. If You use the Website/s from other locations, You are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Bangalore, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Bangalore, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and venue for arbitration shall be Bangalore. The courts in Bangalore shall have the sole jurisdiction regarding the subject matter of this Agreement.

  28. MISCELLANEOUS
    1. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
    2. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any way.
    3. To the extent that anything in or associated with the Website or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
    4. Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
    5. This Agreement may only be amended by either the same electronic means as were used to enter into this Agreement or in a writing that specifically refers to this Agreement, executed by both parties hereto.

  29. YOUR POSTINGS ON THE WEBSITE
    1. We encourage and permit You to post Your messages or content on any publicly available forums, blogs and other locations on the Website.
    2. By using or posting messages or data or any other information on such forums, blogs and other public locations, You expressly agree that You and only You, are responsible for all the matters contained in such content.
    3. You further, represent and warrant to us that You have all the necessary rights to post such messages or information or content and grant us a perpetual, worldwide, royalty free, non-exclusive, transferable and sub licensable right to use, reproduce, distribute, display, modify, amend, perform, etc. of such content or information to promote, modify or redistribute the Website, including preparation of any derivative works thereof, in any form and through any medium without any restrictions thereof. You expressly agree that all the rights granted under this paragraph will also be available to each and every user of this Website.
    4. Further, if You intend to use a forum, a blog or any other feature available on this Website, then, You should make an independent and informed choice about submitting Your personal identifiable information. All personally identifiable information submitting on such forums, blogs or community features can be read, collected or used by any third party. There is a danger of such information being misused or misappropriated. We do not have control over such actions and we are not responsible or liable for the personally identifiable information that You as a user have chosen to submit on a public platform.
    5. In case of any violation of this condition, then, the Company reserves the right to forthwith stop your participation on such public forums.