TERMS AND CONDITION

 

A. Introduction: 

Please read these Terms and Conditions (“Terms”), a legal agreement between Butterfly Culture LLP. a Company incorporated under the Companies Act, 1956 having its registered office at P-108,7th main , 10th Sectore, LIC Colony, Jeevan Bhima Nagar , Bengaluru 560 075, India (hereinafter referred to as “Company”, “We”, “Us”, “Our” or similar) of the first part AND Registered Users (hereinafter referred to as “You” or “Yours” or similar) of the second part. 

The Terms have been drafted in compliance with (i) the Indian Contract Act, 1872, (ii) the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under and any amendments to the same, including the (iii) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), (iv) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”) and the (v) Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021.

 

The Terms shall govern use of and access to the “PSTAT” application through mobile phones, smart phones, tablets, desktops, plugins and API (“PSTAT Application”). This PSTAT Application offers a platform through which the Registered Users will be able to run electro chemistry experiments and such other features and services as the Company may include from time to time (“Service”). The Company is the owner of the Application.

 

The PSTAT Application is only to be used for your personal non-commercial use and information and such use shall be governed by these Terms along with the Privacy Policy, as modified and amended from time to time. You agree that by merely downloading the Application or clicking “Create Account”, “Log in”, “Register” or using the PSTAT Application, you agree to be bound by the Terms and are thereby agreeing to enter into a legally binding contract with Us. If you do not agree to be bound by the Terms, please do not download or use the PSTAT Application. We request You to kindly read these Terms carefully and do not click “Log In” or “I accept” or continue the use of the PSTAT Application and Services unless You agree fully with these Terms. The Terms apply to the Services offered through the PSTAT Application accessible to Registered Users. 

 

B. PRIVACY POLICY:

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. The privacy Policy shall govern the collection, use and sharing of your personal data in accordance with law. 

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C. UPDATES / MODIFICATIONS TO THE TERMS: 

(i) Kindly review these Terms periodically. The Terms may be updated / modified from time to time, for any reason at the sole discretion of the Company. Such updates / modifications will become effective immediately upon its posting on the PSTAT Application. The date of the Terms will accordingly be amended on the PSTAT Application and you will also be informed of the updates / modifications by way of an email or notification upon logging in / signing in to the Application. 

(ii) Your continued use of the PSTAT Application following the posting of the updates / modifications to the Terms will have deemed to be your acceptance of the revised terms.

 

D. DEFINITIONS :

As used in these Terms, the following terms shall have the meaning set forth below:

 

(i) Confidential Information shall mean all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.  Confidential Information shall include, but not be limited to content on the Application,  Registered User Information, all types of data, information, ideas, specifications, procedures, source code, software architecture, software design, personal information, business plans,  projections, marketing data and other similar information of the Company, documentation, the existence and contents of this Agreement, whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, client and prospect lists, trade secrets, or intellectual property rights such as trade names, trademarks, copyright, patents, designs, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement owned by the Company. 

 

(ii) Services means the services being offered to Registered Users through the PSTAT Application by providing a platform through which the Registered Users will be able to run electrochemistry Experiments and such other features and services as the Company may include from time to time. 

 

(iii) Registered User shall mean a person who is competent to contract under applicable laws and who signs up and registers as a user on the PSTAT Application for using the Services.

 

(iv) Registered User Content shall include all content submitted, posted, published, or distributed on the PSTAT Application by the Registered User including but not limited to all entries made in pursuance of using the features available on the PSTAT Application as well as Registered User Information. 

 

(v) Registered User Information means information regarding Registered Users which includes personal information such as first and last name, email address, photograph, details of google account, log in information of Google accounts, passwords, User Content, and any other information which may be provided by a Registered User through using or which may be collected by the PSTAT Application when the Registered User uses the Services.

(vi) All other capitalized terms shall have the meaning ascribed to them in the Other Terms.

 

E. REGISTRATION AS A REGISTERED USER: 

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(i) Eligibility to become a Registered User: 

If you wish to avail the Services available on the PSTAT Application then you will have to download the PSTAT Application and create an Account by registering yourself. In order to be able to register yourself as a Registered User and to use the Services, You represent and warrant that you are someone who can form a legally binding contract under the Indian Contract Act, 1872 or you must be competent to contract as per the laws of the country where you reside. If you are a minor, then we assume that you are accessing the PSTAT Application under the supervision of your parent or legal guardian. We reserve the right to block Your access to the PSTAT Application or suspend or terminate your Account, if it is brought to our notice or if it is discovered that You are incompetent to contract or have violated any provision in these Terms or violated applicable laws in relation to Your use of the PSTAT Application. We will not be liable for any harm caused to you on account of any use of the PSTAT Application without appropriate parental consent. 

 

(ii) Creating an Account: 

a) In order to access and use the features and avail the Services on the PSTAT Application, you can create an account (“Account”) by either registering through your Google or Apple id/account. By registering through Google or Apple id you grant PSTAT Application the right to access account information from your Google or Apple account. 

b) You represent, warrant and covenant that you will (a) provide accurate and complete registration information (including, but not limited to a preferred user name (“Username”), e-mail address, profile picture (b) use a strong password which you will use to access the PSTAT Application and to keep it confidential, (c) you will keep your registration information accurate and up-to-date and (d) all the information provided at the time of registration is correct, verified and true all. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

c) You shall not create any Account for anyone other than yourself without such person’s prior written permission or create any Account with the intent to impersonate any person or entity. You shall not use a Username or Account that is subject to any rights of a person other than you without appropriate written authorization; or use a Username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

d) You are solely responsible for protecting the security & confidentiality of the password and identification assigned to you. You shall immediately notify the Company of any unauthorized use of your password or identification or any other breach or threatened breach of the PSTAT Application’s security. If any third parties gain access to the Services by accessing your Account, then you as the Registered User will be responsible and shall indemnify the Company against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.

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F. YOUR USE OF THE SERVICES AVAILABLE ON THE APPLICATION:

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(i) Creating your Account: You may create your Account and profile on the PSTAT Application by either registering through your Google or Apple account. 

(ii) Using Features available on the PSTAT Application to : 

a) Run Experiments: Available Electrochemistry experiments. 

b) Read Experiments: PDF files pertaining to experiments details. 

(iii) Additional services: The Company may add more services depending on what they deem necessary to further the interest of the PSTAT Application and the Registered Users.  

 

G. YOUR CONDUCT ON THE APPLICATION

(i) You shall ensure that all information provided by you including Registered User Information are correct and complete at all times. We will not be liable for any incorrect data that has been provided by you on the Application. 

(ii) You acknowledge that when using the PSTAT Application, You may be exposed to Registered User Content from other Registered Users whom you have collaborated with and that the Company shall not be responsible for the accuracy, usefulness, reliability of such Registered User Content as the Company will not have access to the same. You further understand and acknowledge that you may be exposed to Registered User Content shared/uploaded by other Registered Users which could be inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company. The Company shall not have any obligation to monitor any Registered User Content or any other Registered User communications through the PSTAT Application. 

(iii) As a Registered User, you should not use the PSTAT Application:

a) for any purpose that is unlawful, illegal or forbidden by law; 

b) in any manner that harms the Company or its directors, employees, affiliates, distributors, partners, service providers, and / or any other user;

c) to remove any copyright and other proprietary notices contained in any content on the Application;

d) to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Application; 

e) to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material. 

f) in any manner other than as agreed in these Terms.

(iv) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the PSTAT Application or any of its content including any Registered User Content, or in any way reproduce or circumvent the navigational structure or presentation of the PSTAT Application or any of its content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the PSTAT Application. We reserve our right to bar any such activity.

(vi) You shall not attempt to gain unauthorized access to any portion or feature of the PSTAT Application, or any other systems or networks connected to the PSTAT Application or to any server, computer, network, or to any of the Services offered on or through the PSTAT Application, by hacking, password “mining” or any other illegitimate means. 

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(vii) You shall not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.

(viii) You shall not host, display, upload, modify, publish, transmit, store, update or share any information that — 

a) belongs to another person and to which You do not have any right to; 

b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws; 

c) is harmful to minors; 

d) infringes any patent, trademark, copyright or other proprietary rights(s); 

e) violates any law for the time being in force;

f) deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false, grossly offensive or misleading in nature but may reasonably be perceived as a fact; 

g) impersonate another person; 

h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 

i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; 

j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

(viii) You shall not permit any third party to have access to or use the PSTAT Application without Our prior written consent. 

(ix) You will immediately notify Us of any breach or suspected breach of the security of the PSTAT Application of which You become aware, or any unauthorized use or disclosure of information within or obtained from the PSTAT Application, or any unauthorized use or access to your Account by any third party and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.

(x) You shall not probe, scan or test the vulnerability of the PSTAT Application or any network connected to it, nor breach the security or authentication measures on the PSTAT Application or any network connected to it. You may not reverse look-up, trace or seek to trace any information on any Registered User or any account on the Application not owned by you, to its source, or exploit the PSTAT Application or information made available or offered by or through it in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the PSTAT Application.

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(xi) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or our trademarks / brand names or domain name or otherwise engage in any conduct or action that might tarnish our image or reputation, or the image or reputation of other users or third parties on the PSTAT Application. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the PSTAT Application or our systems or networks.

(xii) You will not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to us on or through the PSTAT Application or when availing any Service offered on or through the PSTAT Application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

(xiii) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the PSTAT Application or any transaction being conducted on it or with any other person's use of the PSTAT Application. 

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H. USE AND OWNERSHIP OF CONTENT ON THE PSTAT APPLICATION AND REGISTERED USER INFORMATION/CONTENT: 

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(i) PSTAT Application content: All rights, title and interest in and to the PSTAT Application, including all material on the PSTAT Application such as all text, graphics, button icons, images, audio & video clips, & software (collectively, "PSTAT Application Content"), belongs exclusively to the Company or to our licensors. The collection, arrangement, & assembly of all PSTAT Application Content on the PSTAT Application (the "Compilation") belongs exclusively to the Company. All software used in the PSTAT Application (the "Software") is the property of the Company. The PSTAT Application Content, the Compilation & the Software are all protected by Indian and international copyright laws. Through your use of the PSTAT Application, by no means are any rights impliedly or expressly granted to you in respect of such works. 

(ii) The Company grants You a limited, non-transferable, personal, non-sub-licensable and revocable license to access and use the PSTAT Application, the PSTAT Application Content  or any part thereof for availing the Services, but not to download any material from it (other than page caching) except for personal, non-commercial use or modify it, or any portion of it, except with express written consent of the Company. Any unauthorized access to the PSTAT Application, PSTAT Application Content (or any part thereof) or any networks, servers or computer systems connected to PSTAT Application and any attempt to modify, adapt, translate or reverse engineer any part of the PSTAT Application or re-format or frame any portion of the pages of the PSTAT Application, save to the extent expressly permitted by these Terms, is not permitted.

(iii) This license is non-transferable and does not permit any resale or commercial use of this PSTAT Application or PSTAT Application Content or any part thereof; any downloading or copying of account information or PSTAT Application Content for the benefit of anyone other than for Your personal non-commercial use; or any use of data mining, robots, or similar data gathering and extraction tools. 

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(iv) You hereby agree and acknowledge that, unless indicated as being in the public domain, the PSTAT Application Content and Registered User Content on the PSTAT Application is protected by national and foreign copyright laws. You are permitted to use the PSTAT Application and the PSTAT Application Content for your personal use in connection with the Services offered only. You agree to retain all copyright and other notices on any PSTAT Application Content you obtain from the PSTAT Application. All rights in the PSTAT Application and PSTAT Application Content, if not expressly granted, are hereby reserved.

(v) The PSTAT Application or any portion thereof (including but not limited to any PSTAT Application Content, copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the Company. Except as expressly permitted by these Terms, any, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, de-compilation, translation, or disassembly of the PSTAT Application is strictly prohibited. Any unauthorized use of the PSTAT Application, PSTAT Application Content or Registered User Content shall terminate the permission or revoke the license granted by the Company.

(vi) The Terms do not and shall not transfer any ownership or proprietary interest in the PSTAT Application or PSTAT Application Content from Us to You, except as may be otherwise expressly provided in these Terms or as may be agreed to by and between Us and You. 

(vii) You are solely responsible for your conduct and any data that you submit, post or display on or via the PSTAT Application i.e.  Registered User Content. We shall have no liability for your conduct in relation to your use of the PSTAT Application. Violations of these Terms may result in legal consequences prescribed by applicable laws.

(viii) We provide Registered Users the facility to enter and upload Registered User Information including Registered User Content. We claim no ownership rights over the Registered User Information including Registered User Content created or shared by you and we note that You own all rights, title and interest in and to the same. You shall be solely responsible for your Registered User Information including Registered User Content and the consequences of posting, publishing it, or sharing it on the PSTAT Application. 

(ix) You hereby grant Us a non-revocable, worldwide, royalty-free license to make use of the Registered User Information including Registered User Content which includes the right to use, copy, modify, distribute, publish and process the Registered User Information including Registered User Content in accordance with the Privacy Policy provided on the PSTAT Application and as per your preferred privacy settings and permissions granted within the PSTAT Application.

(x) You represent that use of the Registered User Information including Registered User Content as contemplated by these Terms and the Application will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.

I. CONFIDENTIAL INFORMATION: 

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You acknowledge and agree that certain information available on the PSTAT Application may be designated as confidential by the Company and you will not attempt to use or personally benefit or disclose such Confidential Information to any third party, without having obtained prior written consent / authorisation from the Company.

J. THIRD PARTY WEBSITES, CONTENT.

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You understand that third party services may be made available on the PSTAT Application. Please note that in the event you choose to avail any such third party services that are made available on the PSTAT Application, you will be absolutely and solely responsible for your interactions with such third party service providers. The PSTAT Application shall not be held responsible for any lapses, shortcomings or deficiency of products/services by such third party service providers to you. The PSTAT Application hereby does not endorse the products or services of any third party service providers that are made available/advertised on the PSTAT Application.

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K. DISCLAIMERS AND LIMITATION OF LIABILITY: ​

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(i) TO THE MAXIMUM EXTENT PERMITTED BY LAW,THE PSTAT APPLICATION IS PRESENTED "AS IS" AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE AND THE PSTAT APPLICATION ARE ALL AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(ii) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM (a) NETWORK, TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS OR THE SYSTEM WHICH MAY RESULT IN LOSS OF YOUR DATA OR BUSINESS OR MONETARY LOSS; (b) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PSTAT APPLICATION; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION CAUSED DUE TO USE OF THE PSTAT APPLICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-AAPLICATION LINKS ON THE APPLICATION; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE APPLICATION, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT INCLUDING PSTAT APPLICATION CONTENT/REGISTERED USER CONTENT/THIRD PARTY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE PSTAT APPLICATION; Or (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

(iii) INFORMATION THAT MAY BE PLACED ON THE PSTAT APPLICATION BY THIRD PARTIES ARE BEYOND OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF SUCH THIRD PARTY INFORMATION AVAILABLE FROM OR THROUGH THE PSTAT APPLICATION. YOU ASSUME FULL RISK AND RESPONSIBILITY FOR THE USE OF SUCH THIRD PARTY INFORMATION AND YOU AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR LIABILITY ARISING FROM THE USE OF SUCH THIRD PARTY INFORMATION. WE DO NOT RECOMMEND ANY THIRD PARTY PRODUCT OR SERVICE FOR WHICH THE LINK MAY BE AVAILABLE ON THE PSTAT APPLICATION. YOU AGREE TO REVIEW THE DEFINITIONS, FUNCTIONALITY, AND LIMITATIONS OF THE SERVICES, AND TO MAKE AN INDEPENDENT DETERMINATION OF THEIR SUITABILITY FOR YOUR USE.

(iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

(v) NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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L. INDEMNITY: 

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You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, employees, advertisers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms or any other actions connected with your use of the PSTAT Application and the Service (including all actions taken under your account). In the event of such claim, we will endeavour to provide notice of the claim, suit or action to the contact information we have for the Account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

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M. TERMINATION: 

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We reserve the right, in the event you breach these Terms  stipulated herein, to suspend and/or terminate your access to the PSTAT Application with or without your notice. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the PSTAT Application. Upon suspension or termination, your right to procure the Services on the PSTAT Application shall immediately cease and We reserve the right to remove or delete your information that is available with Us, including but not limited to login and account information.

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N. GOVERNING LAW AND JURISDICTION: 

(i) These Terms along with your use of the PSTAT Application are governed by and construed in accordance with the laws of India. Any dispute arising out of the Terms shall be subject to jurisdiction of courts of Bangalore in India. 

(ii) Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by Arbitration in India, before a sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996 along with all amendments.

(iii) The venue of such arbitration shall be Bangalore, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. 

(iv) The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

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O. GRIEVANCE OFFICER:

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In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is as follows: 

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Name: Chetan Banandur

Email Id: chetan@thebutterflyculture.com

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P. GENERAL PROVISIONS:

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(i) Entire Agreement: The Terms constitute an entire, valid and binding agreement between you and Us and governs your access and use of the Application.

(ii) Advertisement: We shall have the right to place advertisements and publicity materials of our choice, including that pertaining to parties other than ourselves for commercial use through electronic means on the Application.  

(iii) Binding Nature and Assignment: This Agreement shall be binding upon You and Us as long as you use the PSTAT Application as a Registered User. You may not assign or sub-license, without the prior written consent of the Company, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. We may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates.  

(iv) Severability: If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. 

(v) Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder. 

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Q. CONTACT US:

If you have any questions or concerns regarding these Terms or for any technical support, please contact us at [chetan@thebutterflyculture.com]

These Terms were last updated on: March 23, 2023

© 2023 Butterfly Culture. All Rights Reserved.