Terms & Conditions
Last Updated on 16th December
2024
These terms and conditions of Use
(hereinafter referred as “Terms of Usage”) describe and govern the User’s use
of the content and services offered by STELLARSERVE TECHNOLOGIES PRIVATE
LIMITED . SERVICES through www.cansultify.com (hereinafter referred as “We”
“CAnsultify” “us” “our” “CAnsultify application” “Website”).
- UPDATION
The Website may update/amend/modify these Terms of Usage from time to
time. The User is responsible to check the Terms of Usage periodically to
remain in compliance with these terms.
- USER CONSENT
By accessing the Website and using it, you (“Member”, “User”, “You”,
“Your”) indicate that you understand the terms and unconditionally &
expressly consent to the Terms of Usage of this Website. If you do not
agree with the Terms of Usage, please do not click on the “I AGREE”
button. The User is advised to read the Terms of Usage carefully before
using or registering on the Website or accessing any material, information
or services through the Website. Your use and continued usage of the Website
(irrespective of the amendments made from time to time) shall signify your
acceptance of the terms of usage and your agreement to be legally bound by
the same.
- GENERAL DESCRIPTION
The Website is an internet-based portal having its existence on World Wide
Web, Application and other electronic medium and provides finance/taxation
related content, reports, data, telephone, video and email consultations
(hereinafter referred as “Content”). The Website is offering “Free
Services” and “Paid Services” (Collectively referred as “Services”). Free
Services are easily accessible without becoming a member however for
accessing the personalised financial advisory services and/or receive
additional Content and get access to Paid Services, You are required to
register as a member on the portal. By registering for Paid Services, a
Member agrees to:
- To provide current, complete, and
accurate information about himself as prompted to do so by the Website.
- To maintain and update the above
information as required and submitted by you with the view to maintain
the accuracy of the information being current and complete.
- REGISTRATION AND EILIGIBLITY
- The User of the Website must be a person
who can form legally binding contracts under Indian Contract Act, 1872. A
minor under the age of eighteen (18) in most jurisdiction, are not
permitted to avail the services provided on the Website without a legal
guardian in accordance with the applicable laws. The Website would not be
held responsible for any misuse that may occur by virtue of any person
including a minor using the services provided through the Website.
- For the User to avail the services, the
User will be directed to Register as a Member on the Website whereby You
(User) agree to provide update, current and accurate information while
filling up the sign-in form. All information that you fill and provide to
the Website and all updates thereto are referred to in these Terms of
Usage as 'Registration Data.'
- An account could be created by you
through the Website ID (Your Phone Number) and password (OTP) or
other log-in ID and password which can include a facebook, gmail or any
other valid email ID. The User while creating an account hereby
represents and warrants that all the information provided by the User is
current, accurate and complete and that the User will maintain the
accuracy and keep the information updated from time to time. Use of
another User’s account information for availing the services is expressly
prohibited. If in case it is found that the information so supplied on
the Website is inaccurate, incomplete, untrue and not current, the
Website has the right to suspend or terminate the User’s account and
restrict/refuse the use of the Website by such User in future.
- The right to use this Website is
personal to the User and is not transferable to any other person or
entity. The User would be responsible for protecting the confidentiality
of User’s passwords and other information required for the purposes of
registration. The User would be fully responsible for all the activities
that occur under the User’s account with the Website. The Website cannot
and will not be liable for any loss or damage arising from the User’s
failure to maintain secrecy and confidentiality. The User shall notify
the Website immediately if they become aware of any unauthorized use of
their Account(s) or breach of any security. The User must log out from
its account at the end of the session.
- The User while availing any service
shall be informed whether the service so rendered is personal to the Website
or is available from a Third party. The Website shall have no control or
monitoring on the information disseminated to any third party via the
Website.
- The User agrees, understands and
confirms that his/ her personal data including without limitation to
details relating to debit card/ credit card transmitted over the Internet
may be susceptible to misuse, hacking, theft and/ or fraud and that the
Website or the Payment Service Provider(s) have no control over such
matters.
- The Website does not permit the use of
the Services by any User under the following conditions: -
- If the User is a resident of any
jurisdiction that may prohibit the use of the Services rendered by the
Website.
- If the User is a resident of any
State/Country that prohibits by way of law, regulation, treaty or
administrative act for entering into trade relations or/and
- Due to any religious practices.
- If the User has created multiple
accounts using various mobile numbers. The User may not have more than
one active account with the Website.
- Feature ‘Call With CA’
The Website is providing certain service which is available through the
medium of telecommunication with the Financial Expert listed and enrolled
with the Website. By agreeing to the present Terms of Usage, you are also giving
your unconditional consent to the Website to arrange a call with you on
your mobile number even though your number is on DND service provided by
your mobile service provider.
- WEBSITE CONTENT
- The Website and any individual Websites
which may be available through external hyperlinks with the Website are
private property.
- All interaction on this Website
inclusive of the guidance and advice received directly from the Licensed
Provider must comply with these Terms of Usage.
- The User shall not post or transmit
through this Website any material which violates or infringes in any way
upon the rights of others, or any material which is unlawful, abusive,
defamatory, invasive of privacy, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offence, give rise to civil liability or otherwise violate any law.
- The Website shall have a right to
suspend or terminate access by such User or terminate the User’s
registration and such User shall not gain access to the Website.
- The Website reserves the right to
terminate the access or to change or discontinue any aspect or feature of
the Website including, but not limited to, content, graphics, deals,
offers, settings, etc.
- Any information other than the guidance
and advice, received directly from the Third-Party Service Provider, the
educational, graphics, research sources and other incidental information
on the Site, the content, should not be considered as financial advice.
- The Website does not take guarantee regarding
the financial advice, if provided, by the third-party service provider
inclusive of registered financial experts with the site. The User should
always talk to an appropriately qualified financial expert for solution
to their queries including information regarding which expert advice may
be appropriate for the User. None of the Content represents or warrants
that any particular financial advice appropriate, or effective for you.
- The Website does not take guarantee of
any untoward incident financial or otherwise that may happen with the
User after seeking the Service. The Website or the Service Provider
providing the advice is not liable and does not guarantee any results as
expected by the User and accessing the Website in such scenario is purely
at the risk of the User.
- By using the Site, Application or
Services, User hereby agrees that any legal remedy or liability that you
seek to obtain for actions or omissions of other Members inclusive of the
service provider registered with the Website or other third parties
linked with the Website, shall be limited to claim against such
particular party who may have caused any harm. You agree not to attempt
to impose liability on or seek any legal remedy from the Website with
respect to such actions or omissions.
- USER ACCOUNT ACCESS
The Website shall have access to the account and the information created
by the User for ensuring and maintaining the high-quality services
provided by the Website and for addressing the need of the customer in the
most effective manner. User hereby consents for the unconditional access
of the account by the Website, its employees, agents and other appointed
person in such regard. For the purpose of addressing the complaints (if
any received) and any suspected abuse reported, the Website shall
investigate on case-to-case basis from the records available. The User is
directed to read the terms provided in the Privacy Policy as regards such
records.
- PRIVACY POLICY
The User hereby consents, expresses and agrees that the User has read and
fully understand the Privacy Policy of the Website. The User further
consents that the terms and contents of such Privacy policy is acceptable
to the User inclusive of any update/alteration/change made and duly
displayed on the Website.
- BREACH AND TERMINATION
- The Website may, in whole or in part,
without informing the User, modify, discontinue, change or alter the
services ordered or the Account of the User registered with the Website.
The Website may or may not issue notice or provide any reason for such
action taken by the Website.
- Violation of any conditions mentioned in
this Terms of Usage shall lead to immediate cancellation of the
Registration of the User, if registered with the Website. The Website
reserves right to terminate and initiate action immediately, if:
- The Website is not able to verify and
authenticate the Registration data or any other relevant information
provided by the User.
- The Website believes that the actions
of the User may cause legal liability for the Website, other Users or
any service provider linked with the Website.
- The Website believes that the User has
provided the Website with false and misleading Registration Data or
there is interference with the other Users or the administration of the
services, or have violated the privacy policy as listed by the Website.
- For the Service Provider inclusive of
the financial experts empanelled on the website or any other third-party
service provider, You understand and agree that your relationship with
the Website is limited to being a member and You act exclusively on your
own behalf and for your own benefit. The Website may terminate and
de-activate the Profile of such service provider for any violation of the
present terms of usage and the Service Terms and Conditions agreed upon
between the parties while registration of the data by such Service
Provider.
- DELIVERY, CANCELLATION AND REFUND
- No refund shall be processed on the
order of any reports under any circumstances if the order has reached the
“processing” (Assigned to a financial expert) stage. The risk and
liability of placing order in a haste and careless manner totally lies
with the User and the Website is not responsible for any refund once the
processing stage has started.
- No refund shall be processed once the
Order has been placed and executed. However, if the User intends to
cancel a successfully placed order before execution, the User is required
to contact the customer care team within 1 (one) hour of making the
payment, whereafter it is totally at the discretion of the Website
whether to issue refund.
- Any technical delay or glitch reported
in the Website during the processing of the request which includes
generating reports by the service provider i.e. financial expert, shall
not be eligible for claiming refund. The User agrees that the timelines
are approximate and all essential steps would be taken to adhere to the
timelines as displayed.
- No refund shall be processed for the
reason that incorrect information or data has been provided by You. The
User agrees to be careful while providing any information to the Website
and/or financial expert and must re-check the information filled before
clicking on “Submit”. The User can request for change in the incorrect
information or data entered provided the request for such change has been
made with the customer care within 1 (one hour) of execution of the
service rendered by the service provider.
- No refund shall be processed for return
of any damaged product/services. The User undertakes and agrees that by
ordering any product/service as displayed on the Website, the Registered
User shall be fully responsible for any damaged caused to the product/service,
post its delivery. For orders made via “Cash on Delivery” method of
payment, the User shall be charged for the cost of the product/service as
displayed by the Website and the shipping/custom/courier charges as
applicable, if the product/servie is returned/cancelled.
- Refund on pro-rata basis may be
considered for any delay in the activation of the subscription services
and any damage that may be caused to the product/service while in transit
shall be dealt by the Website and its agencies.
- You agree that the display picture for
the products/services listed for purchase by the User are for reference
purpose only and the Website will try to deliver the product/service
ordered in an as-is condition as displayed on the Website. The User is
advised to exercise discretion in such case and no refund shall be issued
on such grounds.
- The services offered and the products
sold are strictly not meant to replace any expert advice as may be sought
by the User in general. The Website holds no responsibility or liability
about the reality or reliability of the financial effects on the User, by
the products/services represented and sold on the Website. The placing of
order for buying such products or taking the services is solely on the
discretion and will of the User and the Website does not have any
responsibility upon the products/services sold. The User is advised to
exercise discretion in such case and no refund shall be issued on such
grounds.
- No refund shall be processed for
providing a wrong contact number for the purpose of availing the “Call
with CA” feature. The User once opted for this feature is advised to keep
the Contact Number in full coverage area and must answer the call when
received. No refund shall be processed for any call which gets connected.
- The refunds, if any, shall be processed
after deduction of the transaction charges levied by the Bank and/or the
Payment Gateway, to & fro cost of the shipping and/or courier charges
(With regard to purchase of a product listed on the Website), customs
duty (if levied) and/or any other charges that may have been incurred by
the Website during processing and/or delivering the service, as
applicable.
- In case the Website or Payment gateway’s
webpage, that is linked to the Website, is experiencing any server
related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User
shall, before initiating the second payment, check whether his/her Bank
Account has been debited or not and accordingly resort to one of the
following options:
- In case the Bank Account appears to be
debited, ensure that you do not make the payment twice and immediately
thereafter contact the Website via customer care to confirm payment.
- In case the Bank Account is not
debited, the User may initiate a fresh transaction to make payment.
- However, refund for multiple payment, if
any, even after the above precaution against the same order shall be
refunded in full without deduction of the transaction charges as
mentioned above. The Website shall only retain the cost of one single
order as intended to be placed by the User.
- If there are orders that the Website is
unable to accept and must cancel, the Website at its sole discretion,
reserves the right to refuse or cancel any order for any reason
whatsoever. Some situations may result in the order being cancelled and
include, without limitation, non-availability of the service, inaccuracy,
error in pricing information or other problems as identified. If the
User’s order is cancelled after charges being paid against the said
service, the said amount paid for booking shall be refunded.
- USER OBLIGATION
The User (inclusive of the financial expert and the Member Customer) under
an obligation not to violate the privacy policy, terms and conditions and
any other terms as defined on the Website. The User represents that he is
an individual and not a corporation or other legal business entity. The rights
to use the Website’s services is personal to the User. The User shall
while using the Website and engaged in any form of communication on any of
the forums inclusive of the products listed on the Website shall not
violate the terms and conditions which are inclusive of:-
- The User shall not Post, publish or
transmit any messages that is false, misleading, defamatory, harmful,
threatening, abusive, harassing, defamatory, invades another's privacy,
offensive, promotes racism, hatred or harm against any individual or
group or religion or caste, infringes another's rights including any
intellectual property rights or copyright or trademark, violates or
encourages any conduct that would violate any applicable law or
regulation or would give rise to civil liability.
- The User shall not upload or post or
otherwise make available any content that User do not have a right to
make available, under any law or under contractual or fiduciary
relationships.
- The User shall not upload or post or
otherwise make available any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any
party. The User may, however, post excerpts of copyrighted material so
long as they adhere to Fair Use guidelines.
- The User shall not collect screen names
and email addresses of members who are registered on the Website for
purposes of advertisement, solicitation or spam.
- The User shall not send unsolicited
email, junk mail, spam, or chain letters, or promotions or advertisements
for products or services.
- The User shall not upload or distribute
files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Website or
another’s computer.
- The User shall not engage in any
activity that interferes with or disrupts access to the Website
- The User shall not attempt to gain
unauthorized access to any portion or feature of the Website, any other
systems or networks connected to the Website, to any of the services
offered on or through the Website, by hacking, password mining or any
other illegitimate means.
- The User shall not violate any
applicable laws or regulations for the time being in force within or
outside India. The use and continuous use of the Website is subject to
but not limited to using the services for personal use.
- The User shall not resell or make any
commercial use of the Services without the express written consent from
the Website.
- The User shall not violate these Terms
of Usage including but not limited to any applicable Additional terms of
the Website contained herein or elsewhere.
- The User shall not Reverse engineer,
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information
or software obtained from the Website.
- The User by becoming a Registered member
of the Website agrees to the following situations, which list is not
exhaustive and may include services incidental to the below mentioned: -
- The User agrees to receive certain
specific emails and SMS alongwith calls from the Website.
- The User agrees not to transmit via the
Website any unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind
or nature.
- The User not to transmit any material
that encourages conduct that could constitute a criminal offense, give
rise to civil/criminal liability, or otherwise violate any applicable
local, state, national or international law or regulation. Attempts to
gain unauthorized access to other computer systems are prohibited.
- The User shall not interfere with any
other members' use or enjoyment of the Website or Services.
- The User is under an obligation to
report any misuse or abuse of the Site. If you notice any abuse or
misuse of the Site or anything which is in violation of this Agreement,
you shall forthwith report such violation to Website by writing to
Customer Care. On receipt of such complaint, Website may investigate
such complaint and if necessary, may terminate the membership of the
Member responsible for such violation abuse or misuse without any refund
of the subscription fee.
- Any false complaint made by a Member
shall make such Member liable for termination of his / her membership
without any refund of the subscription fee.
- The Website reserves the right to
withdraw its services to any customer who is found to be unreasonable or
abusive during their conversation with the Service Provider inclusive of
financial expert regardless of any reason.
- While the Website shall take all steps to
resolve any situation that is in violation of the above obligations
arises, however if the situation is not controllable, the Website reserves
its right to send a written warning henceforth. Such violations, if
repeated by the User, shall lead to a total ban for transacting on the
platform by such User. If any balance is present in the wallet of the
User, the same shall be refunded subject to the other charges that may be
applicable for such violations.
- BANK ACCOUNT INFORMATION
The User is under an obligation to provide his banking information as and
when required. For that purpose, the obligation of the User are:-
- The User agrees that the debit/credit
card details provided by him/ her for use of the aforesaid Service(s)
must be correct and accurate and that the User shall not use a debit/
credit card, that is not lawfully owned by him/ her or the use of which
is not authorized by the lawful owner thereof. The User further agrees
and undertakes to provide correct and valid debit/credit card details.
- The User may pay the fees required, to
the Website by using a debit/credit card or through online banking
account. The User warrants, agrees and confirms that when he/ she
initiates a payment transaction and/or issues an online payment
instruction and provides his/ her card / bank details:
- The User is fully and lawfully entitled
to use such credit / debit card, bank account for such transactions;
- The User is responsible to ensure that
the card/ bank account details provided by him/ her are accurate;
- The User is responsible to ensure
sufficient credit is available on the nominated card/ bank account at the
time of making the payment to permit the payment of the dues payable or
the bill(s) selected by the User inclusive of the applicable Fee.
- The User further agrees that if any part
of these Terms of Usage are determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth herein, then the invalid
or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of these Terms of Usage shall continue in
effect.
- DISCLAIMER/LIMITATION OF
LIABILITY/WARRANTY
The User expressly understands and agree that, to the maximum extent
permitted by applicable law, the Website does not provide warranties for
the service. Financial/Taxation counselling provided through the Website
is based on cumulative or individual knowledge, experience and
interpretations of the financial expert and as such, it may vary from one expert
to another.
- The Website is offering services through
a diverse panel of financial experts duly verified by the Website and
such Service Provider (financial expert) may from time to time make
recommendations of using various financial techniques favourable to the
User to be used by User. Such recommendations are being made in good
faith by the financial expert(s) and the Website and its subsidiaries,
affiliates, officers, employees, agents, partners, and licensors make no
warranty that :
- the service will meet your requirements
- the service will be uninterrupted,
timely, secure or error-free
- the results that may be obtained from
the use of the service will be accurate or reliable
- the quality of any products, services,
information or other material purchased or obtained by you through the
service will meet your expectations and
- any errors in the software will be
corrected. You are required to make full disclosure about the financial
query by the person seeking advice from the panel of financial experts of
Website so that the financial experts make an informed judgment about
giving advice.
- The Website, services and other
materials are provided by the Website on an 'as is' basis without
warranty of any kind, express, implied, statutory or otherwise, including
the implied warranties of title, non-infringement, merchantability or
fitness for a particular purpose. without limiting the foregoing, the
Website makes no warranty that (i) the Website or the services will meet
your requirements or your use of the Website or the services will be
uninterrupted, timely, secure or error-free; (ii) the results that may be
obtained from the use of the Website, services or materials will be effective,
accurate or reliable; (iii) the quality of the Website, services or other
materials will meet your expectations; or that (iv) any errors or defects
in the Website, services or other materials will be corrected. no advice
or information, whether oral or written, obtained by the User from the
Website or through or from use of the services shall create any warranty
not expressly stated in the terms of use.
- To the maximum extent permitted by
applicable law, the Website will have no liability related to User
content arising under intellectual property rights, libel, privacy,
publicity, obscenity or other laws. The Website also disclaims all
liability with respect to the misuse, loss, modification or
unavailability of any User content.
- The Website will not be liable for any
loss that the User may incur as a consequence of unauthorized use of
their account or account information in connection with the Website or
any services or materials, either with or without the User’s knowledge.
The Website has endeavored to ensure that all the information on the
Website is correct, but the Website neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any
data, information, product or service. The Website shall not be
responsible for the delay or inability to use the Website or related
functionalities, the provision of or failure to provide functionalities,
or for any information, software, products, functionalities and related
graphics obtained through the Website, or otherwise arising out of the
use of the Website, whether based on contract, tort, negligence, strict
liability or otherwise. further, the Website shall not be held
responsible for non-availability of the Website during periodic
maintenance operations or any unplanned suspension of access to the
Website that may occur due to technical reasons or for any reason beyond
the Website's control.
- The User understands and agrees that any
material or data downloaded or otherwise obtained through the Website is
done entirely at their own discretion and risk and they will be solely
responsible for any damage to their computer systems or loss of data that
results from the download of such material or data. The Website is not
responsible for any typographical error leading to an invalid coupon. The
Website accepts no liability for any errors or omissions, with respect to
any information provided to you whether on behalf of itself or third
parties.
- The Services provided by the Website are
for entertainment purposes only and the Website on behalf of itself and
its suppliers, disclaims all warranties of any kind, express or implied,
including without limitation any warranty of merchantability, fitness for
a particular purpose, title, non-infringement and it makes no warranty or
representation regarding the results that may be obtained from the use of
content or services, the accuracy or reliability of any content obtained
through the Services, any goods or services purchased or obtained through
the Website, and makes no warranty that the services will meet your
requirements, be uninterrupted, timely, secure or error-free. No advice
or information, whether oral or written, obtained by you from the Website
shall create any warranty.
- The services may consist of the following,
without limitation: Financial content, Reports, predictions, live
telephone consultations, email consultations or products sold through
CAnsultify website/application. CAnsultify charges for the chat/call
service offered on this platform on per minute basis and holds no
responsibility or liability about the reality or reliability of the financial
effects on the User’s financial well-being, by the financial advice, any
other products or services represented and sold on the website. No advice
or information, whether oral or written, obtained by you shall create any
warranty.
- The advisors/consultants/financial
experts are also members of the site and not employees of the Website or
the company. However, the Website verifies the degrees, qualifications,
credentials, and background of the advisors/consultants/financial experts
but does not refer, endorse, recommend, verify, evaluate or guarantee any
advice, information or other services provided by the
advisors/consultants/financial experts or by the company, nor does it
warrant the validity, accuracy, completeness, safety, legality, quality,
or applicability of the content, anything said or written by, or any
advice provided by the advisors/consultants/financial experts.
- The website is not a suicide helpline platform.
If you are considering or contemplating suicide or feel that you are a
danger to yourself or to others, you may discontinue use of the services
immediately at your discretion and please notify appropriate police or
emergency medical personnel. If you are thinking about suicide,
immediately call a suicide prevention helpline such as AASRA
(91-22-27546669).
- The Website shall not be liable for any
inaccuracy, error or delay in, or omission of (a) any data, information
or message, or (b) the transmission or delivery of any such data,
information or message; or (c) any loss or damage arising from or
occasioned by any such inaccuracy, error, delay or omission,
non-performance or interruption in any such data, information or message.
Under no circumstances shall the Website and/or the payment service
providers, its employees, directors, and its third party agents involved
in processing, delivering or managing the services, be liable for any
direct, indirect, incidental, special or consequential damages, or any
damages whatsoever, including punitive or exemplary arising out of or in
any way connected with the provision of or any inadequacy or deficiency
in the provision of the services or resulting from unauthorized access or
alteration of transmissions of data or arising from suspension or
termination of the services.
- Notwithstanding anything to the contrary
contained herein, CAnsultify liability to you for any cause whatsoever,
and regardless of the form of the action, will at all times be limited to
the amount paid, if any, by you to the Website, for the service during the
term of membership.
- INDEMNIFICATION
The User shall indemnify, defend and hold harmless the Website and its
parent, subsidiaries, affiliates, officers, directors, employees,
suppliers, consultants and agents from any and all third party claims,
liability, damages and/or costs (including, but not limited to, attorney’s
fees) arising from Your use of the Services, Your violation of the Privacy
Policy or these Terms of Service, or Your violation of any third party's
rights, including without limitation, infringement by You or any other
user of Your account of any intellectual property or other right of any
person or entity. These Terms of Service will insure to the benefit of
Website’s successors, assigns, and licensees.
- PROPRIETARY RIGHTS TO CONTENT
The User acknowledges that the Content, including but not limited to text,
software, music, sound, photographs, video, graphics or other material
contained in sponsor advertisements or distributed via email, commercially
produced information presented to Member by the Website, its suppliers,
and/or advertisers, is protected by copyrights, trademarks, service marks,
patents and/or other proprietary rights and laws. The User is not
permitted to copy, use, reproduce, distribute, perform, display, or create
derivative works from the Content unless expressly authorized by the
Website, its suppliers, or advertisers. Moreover, the content such as
images, text, designs, etc. on all of the portals of the Website are taken
from various online portals such as Google Images. CAnsultify or
STELLARSERVE TECHNOLOGIES PRIVATE LIMITED is not liable for any copyrights
of that content or data.
- NOTICES
Except as otherwise stated in these Terms of Service, all notices to a
party shall be in writing and shall be made either via email or snail
mail. Notice shall be deemed given 24 hours after an email is sent, or 3
days after deposit in the snail mail, to Member at the address provided by
Member in the Registration Data and to the Website at the address set
forth below:
“DW-137, Drom Workshala, D-9, Sector-3, Noida, Uttar Pradesh - 201301 (UP)
India”
- GOVERNING LAW AND JURISDICTION
- Any dispute, claim or controversy
arising out of or relating to this Terms of Usage including the
determination of the scope or applicability of this Terms of Usage to
arbitrate, or your use of the Application or information to which it
gives access, shall be determined by arbitration in India, before a sole
arbitrator mutually appointed by Members and Website. Arbitration shall
be conducted in accordance with the Arbitration and Conciliation Act,
1996. The seat of such arbitration shall be New Delhi. 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
to the dispute.
- Notwithstanding the foregoing, either
party has the right to seek any interim or preliminary relief from a
court of competent jurisdiction in New Delhi in order to protect the
rights of such party pending the completion of any arbitration hereunder,
and both parties agree to submit to the exclusive jurisdiction of the
courts of India and venue in New Delhi for any such proceeding. If either
party files an action contrary to this provision, the other party may
recover attorneys' fees and costs up to One Lakh Rupees INR.
- These Terms of Usage shall be governed
by and construed in accordance with the laws of India without giving
effect to any choice of law and principles that would require the
application of the laws of a different state. If for any reason a court
of competent jurisdiction finds any provision or portion of these Terms
of Usage or Privacy Policy to be unenforceable or invalid, such provision
shall be changed and interpreted so as to best accomplish the objectives
of such unenforceable or invalid provision within the limits of
applicable law, and the remainder of the Terms of Usage or Privacy
Policy, as applicable, will continue in full force and effect. Headings
are for reference purposes only and in no way define, limit, construe, or
describe the scope or extent of such section. Any waiver of any provision
of the Terms of Usage shall be effective only if in writing and signed by
CAnsultify. These Terms of Usage constitute the entire agreement between
the parties with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter.
- These Terms of Usage and your use of the
Services will be interpreted in accordance with the laws of India
excluding its rules on conflicts of laws. The parties agree to submit any
dispute arising under these Terms of Usage to the jurisdiction of a court
located in New Delhi for any actions for which the parties retain the
right to seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a party's copyrights, trademarks, trade
secrets, patents, or other intellectual property rights .