1. ACCEPTANCE OF TERMS AND MODIFICATION THEREOF
1.1 Access of the Platform by the User constitutes an acknowledgement and acceptance in full of all the terms, conditions and notices as stated in this Agreement and without any modification and/or exception by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices as stated in this Agreement in any manner, the User may discontinue their access and use of the Platform.
1.2 Oda Class reserves the right to change the terms, conditions and notices pursuant to which the Platform is accessed by the User, at its own discretion. We will provide our Users with notice of such change by way of a push notification on the Platform. Oda Class will further keep the Users informed of its Agreement, terms, condition and notices applicable to the Platform periodically.
1.3 Users have the right to request access from Oda Class to the Agreement and any terms, conditions and notices on the Platform in any language listed under Schedule 8 of the Indian Constitution. For requesting access to any Platform policies in any such additional language please write to us at firstname.lastname@example.org.
1.4 The User agrees that given the nature of the Internet, even though the Platform is targeted to Indian Residents only, it may be accessed in other parts of the world. The material/information on this Platform is not intended for use by persons located in, or residents in countries that restrict the distribution of such material/information or by any person in any jurisdiction where distribution or use of such material/information or usage or access of Platform will be contrary to law or any regulation. It shall be the responsibility of every User to be aware of and fully observe the applicable laws and regulations of the jurisdiction which User is subject of. If the User is not an Indian resident and yet uses this Platform, he acknowledges, understands and agrees that he is doing so on his own initiative and at his own risk and the Company shall not be liable for violation/breach of any of the laws applicable to usage of the Platform.
2. USE OF PLATFORM
2.1 The Platform is not to be and should not be construed as purporting to offer or inviting to offer any information to residents of countries where the Company is not licensed or authorized to perform activities related to its objective.
2.2 The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Platform in any manner whatsoever. Reproduction, copying of the content for commercial or non‐commercial purposes and unwarranted modification of data and information within the content of the Platform is strictly not permitted without prior written consent from Oda Class and/or third party owners. However, some of the content of our services or other files may be made available for download from the website which is permitted to be copied and/or used only for personal purposes of the User. The User and/or any third party is prohibited from running or displaying this Platform and /or information displayed on this Platform on any other Platform or frames, without prior written consent from Oda Class.
3. DISCLAIMER OF WARRANTIES
3.1 Oda Class has endeavored to ensure that all the information provided by it on this Platform is correct, but it neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on this Platform and Oda Class shall not be, in any manner liable for inaccuracy/error if any. Oda Class makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Platform, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Platform or the provision of the Services.
3.2 Oda Class shall not be held responsible for non‐availability of the Platform at any point in time for any reason whatsoever. The User understands and agrees that any material and/or data downloaded or otherwise obtained from Oda Class through the Platform is done entirely at his discretion and risk, and he will be solely responsible for any damage to his computer systems or any other loss that results from such material and/or data.
4. LINKS TO THIRD PARTY SITES
4.1 The Platform may contain links to other websites or may contain features of any nature of other websites on the Platform ("Linked Sites"). The Linked Sites are not under the control of the Company, and Oda Class is not responsible for the contents of any Linked Site, including without limitation to any link or advertisement contained in a Linked Site, or any changes or updates to a Linked Site. Oda Class is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The inclusion of any link does not imply endorsement of any nature by Oda Class or the Platform of the Linked Sites or any association with its operators or owners.
4.2 Upon registration with the Platform, you consent to receiving calls and SMSs through our authorized third-party service providers to provide you with information relating to the services which you have registered for and about any other Oda Class products, services and offerings.
4.3 Oda Class is not responsible for any errors, inclusions, omissions or representations on any Linked Site, or on any link contained in a Linked Site. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information of such products/ services that they believe may benefit the User.
5. USER’S OBLIGATIONS
5.1 As a condition of access and use of the Platform, the User warrants that he will not use the Platform for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement. In addition, the Platform shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Platform or infringe any intellectual property rights of Oda Class or any third party.
No user may share/upload/distribute any content on the Platform which:
- Belongs to another person and to which the user does not have any right;
- is obscene, pornographic, paedophilic, invasive of another’ s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
- is harmful to children;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
- impersonates another person;
- 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 cognisable offence, or prevents investigation of any offence, or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and/or
- violates any law for the time being in force.
Users understand that if they share any content as listed above on the Platform, Oda Class reserves the right to act against such users for breach of this Agreement in accordance with Section 7 below.
6. CONTACT US FEATURE
6.1 The Users will be provided with Contact Us features on the Platform. The Users will be able to provide their contact details to enable Oda Class to contact them. By using the said features, User permits Oda Class to contact them on their registered details, for any clarification or to offer any other service from time to time.
6.2 The Users may further be provided with features to contact Oda Class, raise queries, complaints, comments or interact with Oda Class. Oda Class shall acknowledge User such queries or complaints within 24 hours of receiving them, and aim to resolve any User grievances within 15 days of receipt.
6.3 However, please note that Oda Class will aim to resolve any User complaints relating to removal of any content prohibited under Section 5.2 of this Agreement at the earliest and within 72 hours of receiving such complaint.
6.4 You may contact our Grievance Officer at:
Grievance Officer: Mr. Abhishek AN
Address: No.293/154/172, Outer Ring Road, Kadubeesanahalli, Bengaluru, Karnataka, 560103.
You can also reach out to us on email@example.com , in case of any queries.
7.1 Without prejudice to the other remedies available to Oda Class under this Agreement or under applicable law, Oda Class may limit the User's activity, warn other Users of the User's actions, immediately temporarily / indefinitely suspend or terminate the User’s use of the Platform, and/or refuse to provide the User with access to the Platform if the User is in breach of this Agreement.
8. OWNERSHIP AND PROPRIETARY RIGHTS
8.1 The content of the Platform and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Oda Class or validly licensed to Oda Class and are protected by applicable Indian and international copyright and other intellectual property law. The User acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the Platform content and/or any portion thereof.
8.2 Some of the content on the Platform have been permitted by the third party/ies to be used by Oda Class in such form and manner as may be desired by Oda Class and Oda Class will makes its best endeavors to give credit to such third party/ies during publication of such content on its Platform. If at any point in time any dispute is raised with respect to publication of such content, by any third party, the Company shall be in its rights to remove such content or procure requisite consents from third party/ies.
8.3 Any copyrighted or other proprietary content distributed on or through the Platform with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
9. LIMITATION OF LIABILITY
9.1 THE USER UNDERSTANDS AND EXPRESSLY AGREES THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL THE Company OR ANY OF ITS AFFILIATES OR PARENT COMPANY OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO THE USER OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USER’S USE OF OR INABILITY TO USE THE WEBSITE OR ANY PARTS THEREOF.
10.1 The User agrees to indemnify, defend and hold harmless Oda Class, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to the Company in relation to the Platform whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Oda Class that arise out of, result from, or may be payable by virtue of, any breach or non‐performance of any terms of this Agreement including any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement.
11.1 If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of this Agreement shall continue to be in full force and effect.
12. FORCE MAJEURE
12.1 Oda Class shall not be liable for any failure to perform any of its obligations under this Agreement or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
13. GOVERNING LAW
13.1 This Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. In the event any dispute in relation hereto is brought by the User, it shall be subject to the exclusive jurisdiction of the courts of Bangalore, India.