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Terms of Use

Please Read the Following "Terms of Use" Carefully.

IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREES TO IT FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON’T HAVE PERMISSION TO USE THIS SITE. PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY PROPELLUM INFOTECH PRIVATE LIMITED BY ACCESSING, VIEWING, VISITING, USING, OR INTERACTING ON THIS PLATFORM OF PROPELLUM OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT AND WILL BE BOUND BY THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

Definitions

"Propellum" "we" "us" or "our" shall mean, Propellum Infotech Private Limited, a company registered under Companies Act 1956, having its registered address at B-301, Times Square Building, 1, Andheri - Kurla Rd, Marol, Andheri East, Mumbai, Maharashtra 400059 India.

"Users", "You", "Your" shall mean and include the schools, its teachers and parents, who accesses the Teno Platform for availing the Services.

"Platform", "Teno Platform" means and includes Teno Website and Teno Mobile App developed and owned by Propellum, to enable the Users to avail the Services through the Platform.

"Services" shall mean Services offered through the Platform, to the Users, which shall include

  1. Enabling the school teachers to send instant messages to parents.

  2. To create various groups as per preference and sending specific messages to the members of the groups.

  3. To share achievements of students.

  4. To keep parents updated about the daily activities and projects conducted at schools.

"School" shall mean and include all the schools registered on the Platform.

"Online Stores" means Android and iOS stores or any other online store or portal where the App would be available for download

Parties to this agreement

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Users," are parties to this agreement. If User is accessing and/or using the Platform on behalf of User’s employer or as a consultant or agent of a third party (collectively your company, school), User represent and warrant that User has the authority to act on behalf of and bind his company, School to the terms of use and everywhere in this Terms of use that refers to User, shall also include User’s company, school.

Propellum together with its subsidiaries are the creator of this Platform and accordingly its owners and/or operators are parties to this Agreement.

Modification of terms of use

Propellum wants to continually improve the Platform experience for the Users, so Propellum’s terms may change from time to time. Propellum reserves the right to modify any provision hereof from time to time, and such modification shall be effective immediately upon its posting on the Platform. User agrees to be bound to any changes to this "terms of use" if User s continues to use this Platform after any such modification is posted. Users of the Platform have an affirmative duty, to keep themselves informed of changes.

Propellum Privacy Policy

By using our Services User provide us with information, files, and folders that User submits to Platform (together, "your files"). User retains full ownership of the files. Propellum do not claim any ownership on any of it. These Terms do not grant us any rights to User’s files or intellectual property except for the limited rights that are needed to render the Services, as explained herein.

We may need User’s permission to do things the User asks us to do with User’s files, for example, hosting files, sharing them at User’s discretion or sending reminders. User gives us the permissions we need to do those things solely to provide the Services. This permission also extends to trust third parties we work with to provide the Services.

User shall be solely responsible for the User’s conduct, the content of User files and folders, and User’s communications with others while using the Services. The Personal Information of the User or "your files" shall be subject to the Privacy Policy applicable to the Platform.

The privacy policy explains how Propellum treats your personal/confidential information, and protects your privacy when you visit and/or use the Platform. You agree to the use of Your data in accordance with these Terms of use and Propellum’s privacy policy.

Scope of Services

The Platform is a free to use Platform which helps to facilitate communication between the schools, their teachers and students. Schools may use the Platform to send out instant messages to parents. The Schools may create various groups as per their preferences and specific messages could be sent out to each or all of the groups. The Platform helps parents to receive the messages of any updates notifications, activities, or achievements of their children instantly on their smartphones.

The Platform provides features that allow User to share the files with others using the Platform. There are many things that Users may do with the files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public, Propellum has no responsibility for any such activity. Propellum shall not assume and shall not be liable for any and all claims which may arise do to sharing of such files. You shall be solely responsible for sharing your files.

Registration

As a condition to using Services, you must register on the Platform by choosing the role of the User either as the School, teacher, parent or student and thereafter select a password and user name ("User ID"). You will provide Propellum with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Propellum reserves the right to refuse registration of or cancel a User ID in its discretion. You will be responsible for maintaining the confidentiality of your password.

User content

User represent, warrant, and agree that no content/details shared by the User on the Platform ("User Content"), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.

User grants Propellum a personal, limited, revocable, non-transferable and nonexclusive right to use the User Content, for the providing the Services. User also grants Propellum the right (i) to display User Content on the Platform (ii) promote or distribute it for the access of other Users.

User agrees that any content provided as a result of any communication between User and Propellum, shall be deemed to be a submission. All content of the submission, shall become the exclusive property of Propellum and may be used, without further permission,

Users further agree not to use the Platform, or any part thereof,

  1. To "stalk" or harm any other Users or any other person in any way;

  2. Impersonate any person or entity, including, but not limited to, Propellum officer, director, or representative, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;

  3. Falsify headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;

  4. Disrupt the normal flow of dialogue in a forum;

  5. Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

  6. "Hack" infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Platform;

  7. Harvest, collect or store information about the other Users or the User Content posted by others on the Platform or use such information for any purpose inconsistent with the purpose of this Platform;

  8. Use any automated procedure to gather information or data on or from the Platform by means of what is commonly called a "bot" or otherwise;

  9. User will not violate any local, state, federal, national, rules or regulations.

  10. Breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Platform or that of any third party that is hosting or interfacing with any part of the Platform or use or distribute on the Platform software or other tools or devices designed to compromise privacy or security; or

  11. Create any frames at any other Platform pertaining to or using any of the information provided through the Platform, or promotes bonus items, giveaways, random drawings, contests or prizes on the Platform.

Fees and payment; Responsibility for usage charges

Access to and use of the Services and the features therein are free, however in future, Propellum may revamp and enhance the Services or features and thereby may provide new or additional special features which Propellum may charge for. Therefore, in future Propellum reserves the right to require payment of fees from requisite Users for certain additional Services, User will pay all applicable fees for those Services, as will be described on the Services as notice. If User continues to use those Services following such notification, that use constitutes User’s acceptance of any new or increased charges.

Note that, by using the Services, User may receive e-mail or text messages on the phone or mobile device, which may cause the User to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are User’s sole responsibility. User shall consult with his wireless carrier to determine what rates, charges, fees, or costs may apply to User’s use of the Services. Propellum is not liable for such charges in any manner whatsoever.

Features of Platform

The Platform allows school administrators, teachers and parents to stay connected at all times. The key features of this Platform are as under;

1. Manage Expectations

The Platform provides notifications to the Parents regarding the activities, assignments conducted by the teachers for the development of students.

2. Sharing Achievements

The Platform provides a feature where the various achievements of students at school can be shared with parents instantly through this feature.

3. Reminders

The Platform provides a feature where the parents shall be updated with the daily home assignments or project submissions to be completed by the students. The teachers can send reminders for home assignment or project submissions any time by using this feature.

4. Creation of Groups

The Platform provides a feature where the Users can create different groups as necessary, to provide notifications, updates, information, suggestions etc. depending upon the age group, and divisions of the students. Users understand and agree that, Users membership to a particular group, would be at the sole discretion of the group admin ("group admin"), who may accept or reject the Users request. The group admin can be either teachers, schools, educational institutes and other related entities ("Educational Institutes") or the parents and teachers ("End Users"). The group admin, reserves the right to remove any member of the group. In such case the Platform shall not be responsible for the decision of the group admin. The Users can also through this feature send or receive invite from the other Users to join the group. Group admin shall only invite those Users whom he wishes to subscribe. It shall be the group admin’s responsibility to maintain and monitor the accuracy of the list of Users for each of the respective groups.

If the User is an Educational Institute the Educational Institute must maintain the accuracy of the information relating to the Educational Institution. The Educational Institute shall only permit its teachers who are the current employees of the Educational Institutions to create the groups. Upon termination of employment of the teacher, the Educational Institute will require such teacher to delete and cease using the group. The Educational Institutes shall reserve the right to add, delete, invite any teacher to join the group. Propellum shall not be responsible for any such decisions taken by the Educational Institutions.

If the Users are the End Users, the End Users agree and understand that, they shall receive notifications from only those groups, to which the End Users are a member. Once the End Users are a part of a particular group, the existing members of the group, shall be able to view personally identifiable information, as well as the, notifications, messages posted on the group by the End Users. The End Users can communicate amongst each other by creating such groups. The End Users agree and undertake not to post any message or notification which would hurt the sentiments or feelings of other End Users s. The End Users agree that they shall not post any wrong or misleading messages or notification on the groups. Users also agree and understand that, Propellum do not have any control over the interactions, messages, or notifications that the User receives through the group, neither Propellum verify the genuineness or reliability of any content shared through such groups.

Copyright and Trademark Notice

Propellum logo and other trademarks of Propellum including unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. User agrees that User will not use contents of the Platform to infringe the Intellectual Property Rights of Propellum in any way. User must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Propellum Software, third party software, or any Content accessed on the Platform. All contents of the Platform are: Copyright 2017 Propellum Infotech Pvt. Ltd. and/or its subsidiaries. All rights reserved.

Content Available

User acknowledge that Propellum does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, audio files or other sounds, photographs, videos, or other images (collectively, the "Content") which User may have access to as part of the Services, or through User’s use of this Platform. Under no circumstances, Propellum shall be held for liable any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform. User understand that by using this Platform, User may be exposed to Content that is offensive, indecent, or objectionable. User agrees that User shall be solely responsible for reuse of Content made available through the Platform.

Licence and Rules of Conduct

Subject to terms and conditions of this Agreement, Propellum hereby grant User a non- exclusive, non-assignable, non-transferable and limited license to use the Platform and the Services, in accordance with this Agreement, only.

Users use of the Services is subject to all applicable local, state, national laws and regulations and the rules. Users agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Services and further agree not to use the Services as part of any another application, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code, track or monitor the other users, do anything that puts an enormous/ unreasonable load on our servers, copy or create derivative work.

Social media

Propellum may in the future, incorporate certain functions that allow you to use the Services through your accounts on certain supported third party services, such as social network platforms etc. ("Linked Accounts"). If you choose to use such features, you understand and agree that Propellum may be required to access or use your Linked Account, You grant Propellum the necessary rights as may be required. Your use of Linked Accounts shall always be subject to the rules and regulations or terms of services applicable to such social network platform.

Indemnity

User agrees to hold harmless and indemnify Propellum, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, without limitation, from and against any claims arising from or in any way related to the use of Propellum by the Users, uploading User information, violation of any third Party rights pertaining to any intellectual property rights or confidential information, violation of these Terms of Use or any other actions connected with use of Propellum Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Propellum will provide the User with written notice of such claim, suit or action. The Users waive all rights to claim damages that may have caused to them by visiting and/or using this Platform...

Disclaimer

PERTAINING TO THE CONTENTS OF THIS PLATFORM, PROPELLUM MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ITS ACCURACY, ADEQUACY, SUFFICIENCY, OR FREEDOM FROM DEFECT OF ANY KIND. USERS ASSUME ALL THE RISK OF VIEWING, READING, USING, OR RELYING UPON THIS INFORMATION. UNLESS THE USER HAVE OTHERWISE FORMED AN EXPRESS CONTRACT TO THE CONTRARY WITH PROPELLUM, USER HAS NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. PROPELLUM MAKES NO SUCH WARRANTY. USER DOWNLOADS INFORMATION FROM THIS SITE AT THEIR OWN RISK. PROPELLUM MAKES NO WARRANTY THAT DOWNLOADS ARE FREE OF CORRUPTING COMPUTER CODES, INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS. ANY MATERIAL UPLOADED OR OTHERWISE DEMONSTRATED THROUGH THE PLATFORM IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS ARISING OUT OF UPLOADING ANY SUCH MATERIAL. PROPELLUM HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO THE USER. USER ACKNOWLEDGES THAT PROPELLUM HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING WHICH USERS GAINS ACCESS TO THE SERVICES; WHAT CONTENT USER ACCESSES VIA THE SERVICES; WHAT EFFECTS THE CONTENT MAY HAVE ON THE USER; HOW USER MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS USER MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. USER RELEASE PROPELLUM FROM ALL LIABILITY FOR USER HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. PROPELLUM RESERVES THE RIGHT, AND SHALL HAVE NO OBLIGATION, TO INSPECT, INVESTIGATE, OR EXAMINE, USER’S USE OF THE SERVICES IN ORDER TO DETERMINE WHETHER A VIOLATION OF AGREEMENT HAS OCCURRED OR TO COMPLY WITH ANY APPLICABLE LAW, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST.

USER AGREES AND UNDERSTANDS THAT, IN THE EVENT OF DISPUTE WITH ONE OR MORE USERS, PROPELLUM SHALL NOT BE HELD LIABLE FOR ANY CLAIMS, DAMAGES, DEMANDS(ACTUAL AND CONSEQENTIAL) ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING DAMAGES FOR LOSS OF PROFITS GOODWILL,PRIVACY OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. NOTHING IN THE TERMS OF USE SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO THIRD PARTY BENEFICIARIES.

THE PLATFORM IS A PRODUCT OF PROVIDING A LINK FOR COMMUNICATION BETWEEN SCHOOLS, THEIR TEACHERS AND PARENTS. THE PLATFORM INCLUDES FEEDBACK, UPDATES, ADVICES, ANALYSIS, NOTIFICATIONS, PROVIDED BY THE TEACHERS TO THE PARENTS USING THIS PLATFORM. PROPELLUM DOES NOT GUARANTEE APTNESS, SUITABILITY, QUALITY, SUCCESS REGARDING ANY SUGGESTIONS SHARED THROUGH THIS PLATFORM. IT IS AGREED AND UNDERSTOOD BY THE USERS THAT, THE PLATFROM DOES NOT HAVE CONTROL OVER THE COMMUNICATIONS, IDEAS OR SUGGESTIONS ETC. PROVIDED THROUGH THE PLATFORM, AND PROPELLUM SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTS, FAILURES DUE TO SUCH COMMUNICATIONS ADVICES FEEDBACKS ON THE PLATFORM.

IT IS ALSO AGREED AND UNDERSTOOD THAT, ANY NOTICE OR UPDATES REGARDING ADMISSION TO ANY SCHOOL OR COURSES SHALL BE SUBJECT TO AVAILBILITY OF SEATS, GEOGRAPHICAL LOCATION AND OTHER DYNAMIC FUNCTIONS. THE PARENTS UNDERSTANDS AND ACKNOWLEDGES THAT THE PLATFORM ENDEVOURS TO SHARE INFORMATION, HOWEVER, ULTIMATE DECISION MAKING IS THEIR CHOICE AT THEIR OWN VOLITION AND DISCRETION. THE PLATFORM IS NOT LIABLE FOR ANY OUTCOME OF ADVICE GIVEN IN WHATSOEVER MANNER.

USERS AGREE AND UNDERSTAND THAT THEY SHALL NOT COMMUNICATE, POST, NOTIFY OR MAKE ADVICE REGARDING ANY INFORMATION WHICH IS FALSE, MALAFIDE WHICH MAY MISGUIDE THE OTHER USERS OR WHICH MAY RESULT INTO AFFCETING THE ACADEMIC PROGRESS OF THE STUDENTS. THE USERS SHALL NOT USE THE PLATFORM OR UPLOAD ANY CONTENTS WHICH HURT THE EMOTIONS OR SENTIMENTS OF OTHER USERS.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SCHOOLS TEACHERS AND THE SERVICE PROVIDERS LISTED ON THE PLATFORM ARE NOT OUR AFFILIATES AND ARE INDEPENDENT ENTITIES, PROVIDING YOU THE SERVICES WHICH ARE AS PER YOUR REQUIREMENTS. WE ESPECIALLY DISCLAIM ANY OBLIGATIONS, LIABILITIES OR RESPONSIBILITIES IN RELATIONS TO ACADEMIC ADVICES, NOTIFICATIONS, UPDATES OR ANY OTHER SIMILAR ADVICE PROVIDED TO YOU THROUGH THE PLATFORM. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF SUCH ADVICE OR ANY SIMILAR INFORMATION PROVIDED THROUGH THE PLATFORMPROPELUM SHALL NOT ACCEPT ANY RESPONSIBILITY FOR ANY INTERACTION BETWEEN YOU AND THE RELEVANT THIRD PARTY AND IS RELEASED FROM ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH INTERACTION. PROPELLUM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MEMBERS AND/OR THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES

Limitation of Liability

USER UNDERSTAND AND AGREE THAT PROPELLUM SHALL NOT BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROPELLUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE , ITS SERVICE; (ii) PROCUREMENT OF GOODS AND SERVICES, INFORMATION OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM AND/OR ITS SERVICE; (iii) ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM AND/OR SERVICE.

Refund Policy

Fees once paid through the payment gateway shall not be refunded other than in the following circumstances: Multiple debits from the End Users’ Card/Bank Account or End User's account being debited with excess amount in a single transaction due to system or technical error. It is clarified that if fees the transferred to Educational Institutes account, then the refunds shall be subject to the approval of the Educational Institutes. Propellum and/or the Educational Institutes, shall, only in these cases, refund the excess amount excluding the payment gateway charges, including but not limited to TDR, service tax and convenience fees to be paid to the payment gateways, to the End User. The End Users understands that no refund shall be processed after a period of 180 days from the date of completion of the transaction for which they are seeking refund. The End User will have to make an application for refund along with the transaction number generated at the time of making payments. The application will be processed after verification, if the claim is found valid, the appropriate amount will be refunded by the Propellum, through electronic mode in favour of the End User.

Chargebacks

The Educational Institutions hereby agree that all refunds and chargebacks shall be their sole responsibility and Propellum shall not be liable for any claims or disputes which may arise in connection with such refunds or chargebacks. The Educational Institutions agrees to indemnify Propellum in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly in relation to refunds or chargebacks for all transactions initiated and instructed through Website.

Termination

This Agreement will remain in full force and effect while the user use the Services. User may terminate User’s use of the Services or User’s account at any time by contacting us at info@tenoapp.com Propellum may suspend or terminate User’s access to the Services, Platform or User’s account at any time, for any reason (without cause or for User’s violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with User’s membership. Upon termination of User’s account, User’s right to use the Services, access the Platform, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

General information

Entire Agreement: The Terms of Use and the Privacy policy referenced herein constitute the entire agreement between the User and Propellum and govern User’s visit and/or use of the Platform and the services, superseding any prior agreements or any other agreements, terms and conditions between User and Propellum. User may be subject to additional terms and conditions that may apply when the User use or purchase certain other Propellum services, affiliate services, third-party content or third-party software.

Choice of Law and Forum: The Terms of Use and the relationship between User and Propellum shall be governed by the laws of India without regard to its conflict of law and provisions. Any cause of action or claim User may have with respect to the Services or the Platform must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action shall be deemed to be barred. Users of the Platform agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to the Platform, its terms of use and privacy policy. Arbitration shall be conducted pursuant to the rules and regulations of Indian Arbitration and conciliation Act 1996. Arbitration shall take place in English language and the seat of arbitration shall be at Mumbai, India. The users to the Platform hereby agree and submit themselves to the Arbitration and to the jurisdiction of the courts of Mumbai India for enforcing the arbitration award. Pursuant to the acceptance of arbitration, in no case shall the user, viewer, visitor, member, subscriber or customer have the right to go to the court and such rights are hereby waived by the users.

Waiver and Severability of Terms: If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Any rights not expressly granted herein are reserved.

Assignment: User may not assign any of User’s rights in these Terms, and any such attempt is void, but Propellum may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Force Majeure: Without limiting the foregoing, under no circumstances shall Propellum be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labour, fluctuations in heat, light, fire or air.

No agency relationship: User agree that no joint venture, partnership, employment, or agency relationship exists between User and Propellum as a result of these Terms of Use or User’s use of the Platform and the Services.

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