| A. CONFIDENTIALITY |
| You will not without obtaining the prior written consent of Search 4 Genius, disclose to a third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Search 4 Genius Platform. |
| B. COPYRIGHT INFRINGEMENT |
| Search 4 Genius operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third-party infringement. |
| If you believe that your work has been copied in a way that constitutes copyright infringement or during your use you believe any Content infringes on any third-party copyright kindly contact us. We have implemented procedures for receiving written notification of claimed infringements on the Content uploaded on the Platform. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication that contains – |
| i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; |
| ii) A description of the copyrighted work that you claim has been infringed upon; |
| iii) Your email address, your physical address, and telephone number; |
| iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and |
| v) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. |
| C. DISCLAIMER |
| You agree that your use of the Platform shall be at your sole risk. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the services and your use thereof. To the fullest extent permitted by law, the Company excludes all warranties, conditions, terms or representations about the accuracy or completeness of the Content or the content of any sites so linked and assumes no liability or responsibility for any |
| (i) errors, mistakes, or inaccuracies in the Content or any content on the company, |
| (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform, |
| (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, |
| (iv) any interruption or cessation of transmission to or from our platform, |
| (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Platform by any third- party, and/or |
| (vi) any errors or omissions in any Content or any other content or for any loss or damage of any kind incurred as a result of the use of any Content or any other content that is posted, emailed, transmitted, or otherwise made available via the services. |
| The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinks featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. |
| D. GENERAL |
| If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing to the registered office of the Company. We do not guarantee continuous, uninterrupted, or secure access to our Platform, and the operation of the Platform may be interfered with by numerous factors outside our control. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches. |
| E. INDEMNITY |
| To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Platform; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) violation of any applicable laws. This defense and indemnification obligation will survive these Terms of Use and your use of the Platform. |
| F. INFORMATION TECHNOLOGY ACT |
| These Terms and Conditions are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and terms and conditions for access or usage of the Search 4 Genius Platform. |
| G. LIMITATION OF LIABILITY |
| To the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies in the Content or any other content available on the platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Platform by any third party, and/or (v) any errors or omissions in any Content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. |
| We understand that in some jurisdictions, warranties, disclaimers, and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, the Company limits its liability for any claims under those warranties or conditions to providing you the Platform. |
| You specifically acknowledge that the Company shall not be liable for the Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. |
| The Platform is controlled and offered by the Company from its facilities in India. The company makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so of their own volition and are responsible for compliance with local law. |
| H. OTHER LAWS |
| Certain laws require to maintain data with respect to the Search 4 Genius Platform and other personal information in a prescribed format and Search 4 Genius will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time. |
| I. REFUND POLICY |
| Please read the subscription /purchasing terms and conditions carefully before subscribing /purchasing to any of the subscription /paid plans, as once you have subscribed/paid you cannot change, cancel your subscription/paid plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same, and neither will there be any refund. |
| J. REVISION AND MODIFICATION |
| Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. The Company may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform posts any modification of the Terms of Use shall be taken as your consent and acceptance to such modifications. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. |
| K. SEARCH 4 GENIUS ACCOUNTS |
| In order to access some of the features of the Search 4 Genius Platform, you may have to create your account with Search 4 Genius. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Search 4 Genius immediately of any breach of security or unauthorized use of your account. At no point in time will Search 4 Genius be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Search 4 Genius or others due to such unauthorized use if any. |
| Search 4 Genius takes no responsibility for any User Content that is uploaded on the Search 4 Genius Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Search 4 Genius Platform provided herein. |
| L. MODIFICATION, AMENDMENT, OR TERMINATION |
| Search 4 Genius may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Search 4 Genius Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. |
| M. TERMINATION OF ACCOUNT |
| We will terminate a User’s access to the Platform, if |
| a) You breach any of the provisions of the Terms of Use, the Privacy Policy, or any other terms, conditions, or policies that may be applicable to you from time to time; |
| b) We are required to do so by law; |
| c) We have elected to discontinue, with or without reason, access to the website, the services (or any part thereof); |
| d) Any act violates applicable laws. |
| We may suspend access to the Platform or require You to change Your password if we reasonably believe that the Platform has been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Platform will not affect liability previously incurred by You. |
| If you want to terminate your agreement with us, you may do so by |
| (i) not accessing the Website; or |
| (ii) deleting your Accounts on the Platform that you use by writing to us at info@search4genius.in. |
| N. EFFECT OF TERMINATION |
| If a User’s Account is terminated for any of the above-mentioned reason in such cases, we reserve the right, in its sole discretion, to terminate or suspend the account with immediate effect. Upon suspension or termination of the User’s Account, the User access shall be terminated immediately and the User shall not be able to access the said terminated Account. |
