Last modified: July 1, 2020
Welcome to Tailorwise!
Tailorwise is a business process management system and provides other related business software’s and components that let you manage or enhance all of your required operations..
Tailorwise offers a productivity app (i.e., an iPad version or a browser supported computer program or smartphone application) (the “App”, “Service”, “Software”) branded as “Tailorwise” (with one or more variations).
These Terms of Service govern your use of the Tailorwise website and the App/Software/Service provided to you, which are owned, run, operated and managed by its Parent Company, a company registered in New Delhi, India (“Tailorwise”, ”Parent Company”, ”we”, “us” or “our”)
THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND TAILORWISE, SO PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE OR OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU MAY NOT USE THE WEBSITE OR THE SERVICE. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.
If you are using the Website or the Service on behalf of any organisation, you represent and warrant that you are authorised to accept these Terms on such organisation’s behalf (in which case, “you” and “your” will refer to that organisation), and that such organisation agrees to indemnify you and us for violations of these Terms. Nothing in these Terms will be deemed to confer rights or benefits on any third party.
Changes to these Terms
We reserve the right to change or modify these Terms and any policies or guidelines governing your use of the Website and/or the Service, at any time in our sole discretion. Any such changes or modifications will be effective immediately upon posting of revisions on the Website or through the App or anyway as desired by us. Your continued use of the Website or the Service following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Website or through the App in order to understand the terms and conditions applicable to your use of the Website and the Service. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Website, your sole recourse is to stop using the Website and the Service.
Privacy
We believe strongly in user privacy. Please refer to our Privacy Policy (“Privacy Policy”) for information on our privacy practices. Your use of the Website, the App and/or the Service signifies your acknowledgment of, and agreement to, the Privacy Policy. You understand and agree that we will store and process your data & information on cloud servers/ physical servers which may be located anywhere around the globe irrespective of the country, and that by providing any information to us or feeding, uploading the same or any other information in the app or software, you consent to the transfer of such information to us to use the same to provide service to you.
Minors
In order to create an account or buy subscription, you must be 18 years of age or older. If children between the ages of 13 and 18 wish to use the Website, App or Service, they must be registered by their parent or guardian. By registering, you represent and warrant that you are 18 years of age or older.
Your Account
We require you to register and create an account or to buy subscription as per mentioned, in order to use the Service. For buying subscription or creating an account, you must complete an online registration form designating a user ID and password or place a written request with Tailorwise via email.
You are solely responsible for all materials and information that you upload, post or otherwise transmit via the Service. Only you may use your Tailorwise account and you are responsible for your account. Please also refer to our Acceptable Use Policy mentioned in Section 8 below.
If you become aware of any unauthorised use or access of your account, or have any account related questions, please contact Tailorwise Support.
Account Terms
You represent and warrant that you:
(a) are authorised to use the Website, the App and the Service; (b) all of your registration, account and payment information is true, accurate and complete at all times; (c) you will maintain the security of your password, if any; and (d) you accept all responsibility for all activity that occurs under your user name.
Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund.
Content
You may post and/or submit reviews, comments, suggestions, ideas, information and/or other content (“Content“) to the Website or on the App or on/in the service so long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false information, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but do not have the obligation) to remove or edit such Content. We do not regularly review posted Content. If you do post Content, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such Content if we or they choose. You represent and warrant that: (a) you own or otherwise control all of the rights to the Content that you post and/or submit; (b) the Content is accurate; (c) the use of the Content you post and/or submit does not violate these Terms; and (d) the Content will not cause injury to any person or entity. We have the right, but not the obligation, to monitor and edit or remove any activity or Content. We take no responsibility and assume no liability for any Content posted by you or any third party.
Data Security
While we take reasonable measures to safeguard your Content, you are solely responsible for maintaining a backup of all of your Content outside of the Service that is readily available to you at all times in case of any loss, erasure or destruction of your Content stored on the Service. In particular, we are not responsible for any delays, problems or other issues that may arise during the process when you sync up the Services across various platforms, such as your smartphone, iPad and/or any laptop or desktop through which you access the Service. We do not control those devices and cannot ensure their safety or the security of your Content available through those devices, including, without limitation, any unauthorised access by anyone using those devices with or without your consent. You acknowledge and understand that we rely on third party providers to provide us and users of the Service, including you, various security and encryption measures reasonably necessary to safeguard your Content. We have listed the measures that we currently take on the Website and/or App and/or service for illustration purposes and we do not warrant their availability at all times or their efficacy. Our respective vendors are solely responsible for the security measures they provide and your sole remedy for any breach would be against them and not us.
Please be aware that we do not and cannot guarantee that our privacy and data security policies and practices will comply with or conform to any minimum or higher privacy or data security standards that may be imposed on any materials or other content you store on Tailorwise. You are solely responsible for verifying and ensuring that our systems meet any such requirements imposed on you by applicable law, regulations, governmental, court or regulatory orders, or custom or usage of trade, and we are not responsible for any resulting consequences you may face if our systems or our service is found not to meet those specific legal, regulatory or governmental standards, except to the extent we otherwise expressly state in our Privacy Policy or these Terms.
Acceptable Use Policy
You agree that you will not, nor will you encourage others or assist others, to: (a) harm the Service or use the Service to harm, threaten or harass others; (b build a similar service or website; (c) damage, disable, overburden, or impair the Service (or any network connected to the Service); (d) resell or redistribute the Service or any part of it; (e) probe, scan or test the vulnerability of any system or network related to the Service; (f) breach or otherwise circumvent any security measures or authentication protocols, including any authorised third party payment network protocols used by or through us; (g) use any authorised means, or any automated process or service (such as a bot, spider, or periodic caching of information stored on Tailorwise) to modify, reroute, or gain access to or use of the Service or attempt to carry out any of these activities; (h) use the Service beyond the features or functionality allocations and amounts or storage space limits provided in your specific Service or in violation of our fair use policy; (i) use the Service to violate any law or distribute malware, malicious, unlawful, indecent Content; (j) distribute, post, share information or Content you don’t have the right to or is illegal; or (k) violate the privacy or infringe the rights of others.
You also agree to comply at all times with all laws, regulations, government, court and regulatory orders, notifications, customs and usage of trade as may be applicable to you and your use of the Service. In particular, you will not create or store any Content on Tailorwise if such creation or storage would result in breach of your legal or regulatory obligations and may expose us to any legal or regulatory action, investigation, penalty, fine or suspension. You understand and acknowledge that Tailorwise provides an information or data management and storage system for individuals and businesses and we do not control how or what information you specifically store on Tailorwise, except for any overall account and storage limits that we may impose from time to time based on your account type.
Copyright & Trademark
The Website and all content and other materials on the Website, including, but not limited to, the “Tailorwise” effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials“) are our property or that of our licensors or users and are protected by Indian and/or international copyright laws.
“Tailorwise”, the “Tailorwise” logo, and any other product or service names or slogans contained on the Website or the App or the service are trademarks of Tailorwise and its Parent Company or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tailorwise or the applicable trademark holder. You may not use any meta-tags or any other “hidden text” utilising “Tailorwise” or any other name, trademark or product or service name of Tailorwise without our prior written permission. In addition, the look and feel of the Website and the App/software/service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tailorwise and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website or the App/software/service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Limited License and Restrictions.
We grant you a limited, non-sub-licensable, non-exclusive and revocable license to access and make use of the Website, the App/software/service and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Website, the App or the Store. Except as otherwise expressly permitted by these Terms, you may not: (a) collect, use, copy or distribute any portion of the Website, the App/software/service or the Materials; (b) resell, publicly perform or publicly display any portion of the Website, the App or the Materials; (c) modify or otherwise make any derivative uses of any portion of the Website, the App or the Materials; (d) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Website or the App; (e) use the Website or the App in a manner which results in the depletion of Website or the App infrastructural resources; (f) download (other than page caching) any portion of the Website, the App the Materials or any information contained therein; or (g) use the Website, the App or the Materials other than for their intended purposes.
Third Party Sites and Content.
We may host or provide links to products, Web pages, Web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for, such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Website or the App, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or App.
Advertisements and Promotions; Products and Services.
We may run advertisements and promotions for our or our partners or affiliates products or services on the Website or the App, or we may otherwise provide information or links to third party products or services on the Website or the App. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Website or the App.
DISCLAIMER OF WARRANTIES.
THE WEBSITE, THE APP, THE SERVICE, THE SERVICE, THE MATERIAL AND THE SUPPORT, AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, THE APP OR THE STORE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DO NOT WARRANT THAT THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT OR ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE WEBSITE, THE APP OR THE SERVICE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (A) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (B) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (C) ANY AND ALL WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE; (D) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY; (E) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND (F) THAT THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
LIMITATION OF LIABILITY.
IN NO EVENT WILL TAILORWISE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, DIRECT/INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND/OR ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP EXCEED THE LESSER OF AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE WEBSITE OR THE APP (NOT YOUR PAYMENT FOR ANY SERVICE OR PRODUCTS PROVIDED BY US). THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Confidentiality
During your use of the Service, we may share information that is confidential, sensitive or should be kept a secret. Similarly, we agree that your Content, account information and payment information is confidential to you. Also, any materials either of us shares that are labeled “confidential” (or something similar) or communicated (in writing or via email) as confidential or may be understood to be so by a reasonable person, such materials would also be deemed confidential information.
Confidential information, however, will not include information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had a right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information. The same applies to any information that we disclose to you that falls in any of these categories.
You and we agree that: (i) confidential information will remain the property of its owner; (ii) we will treat each other’s confidential information with the same degree of care that we treat our own confidential information but, in any event, with no less than a reasonable degree of care; (iii) we will use each other’s confidential information only in connection with these Terms and the Service; (iv) we will share confidential information only on a “need to know” basis with those who agree in writing to maintain its confidentiality in a similar manner; and (v) we will not share any confidential information with any third party expect as allowed by these Terms or through the Service.
Suspension and Termination of the Service.
Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to suspend or terminate your access to the Service at any time in our sole discretion, and/or any of your rights under these Terms (including, but not limited to, your right to use the Website, the App and the Service) and to block or prevent your access to and use of the Website, the App/Software and the Service for any or no reason. We also reserve the right to deactivate, change and/or require you to change any Tailorwise user ID or password used in connection with the Service.
You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Service. Upon termination, you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or our Acceptable Use Policy mentioned in Section 8 above. You must make such request within 14 days following termination; otherwise, any Content you have stored with the Service may not be retrievable and we will have no obligation to maintain Content stored in your account after this 14-day period. Any such request will only be entertained only after complete payment of any pending amount/charges in respect to the service.
Service Updates
We reserve the right to make necessary deployments of changes, updates or enhancements to the Service at any time. We also may add, remove, upgrade or downgrade any functionality or features, or we may suspend or stop the Service altogether at any time.
Electronic Communications
Notwithstanding any terms to the contrary in these Terms, Tailorwise may choose to electronically deliver all communications with you, which may include: (a) email to your email address indicated in your communications with Tailorwise or upon registration with, or use of, the Website, the App or the Support; or (b) posting messages that are displayed to you when you log in to or access the Website, the App or the Support. Tailorwise’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with Tailorwise, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received when the email is sent to you. If you don’t consent to receive notices (other than promotional materials) electronically, you must stop using the Service.
Accounts
We reserve the right to change our prices at any time. However, if we have offered Fees for any specific subscription period, we will honour those fees for that period. After its expiry, your use of the applicable Service will automatically renew and you will be charged as per the prevailing Fees on the first day of your renewal period, unless you cancel or downgrade your account (as applicable) before the end of that period in accordance with these Terms.
For all paid/subscription accounts, you agree that you: (a) are required to have a Tailorwise account for each user; (b) will only receive the features and functionality that are included in the specific subscription plan that you have purchased; (c) are responsible for setting your configurations of your specific Service; and (d) are responsible for managing all of your devices and/or systems that you use to access your specific Service.
Billing, Payments and Refunds
You agree to pay the Fees in the currency quoted on the Website, the App and/or the Store. We and/or the Store reserves the right to change the quoted currency and the price at any time. In addition to any Fees, you may still incur charges incidental to using the Service, for example, charges for currency exchange settlements, Internet access, data roaming, and other data transmission charges.
At this time, Tailorwise does not directly provide any payment gateway (but may use third party payment gateways as provided in Concierge Service, which comes under Tailorwise) or handle any payment processes for any users of the App, including you; except that you may be asked to provide your payment details through the Website although such details are accessed and processed at the back-end entirely by our third party payment processor(s). The entire billing and payment process is handled either by the Store (if you download the App through the Store) or through third party payment processor (if you access the Service through the Website), and you must comply with the payment terms and other instructions, as specified on the Store or such third party processor, as well as any other terms stated on the Website, the App or in these Terms. Without limiting the foregoing, and only by way of explanation, you must be authorised to use the payment method that you enter when you create a billing account. You authorise the Store or our third party processor (as applicable) to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms or any Store terms are in force.
We typically bill in advance on a recurring monthly, bi-annual, annual or multi-year basis for subscription Services. Also, the Store may charge you up to the amount you have approved and may choose to notify you in advance of the difference for recurring subscription Services, in case required.
You must keep all information in your billing account current. You may access and modify your billing account information through your account or through the Store. You may be able to change your payment method or cancel your subscription at any time, only if so permitted by the Store terms. Cancelling the service will, however, not result in any refunds whatsoever for any remainder of your subscribed term. You may still choose to use the Service for remainder of the cancelled term and you will not be charged for a subsequent renewal if you have timely cancelled the Service, typically at least 30 days in advance for monthly and bi-annual plans and 60 days in advance for annual plans.
We will notify you in advance, either through the Service, the App, the Store or to the email address you have most recently provided to us, if we change the price of the Service. If there is a specific length and price for your Service offer, that price will remain in force for that time, unless otherwise specified in the Store. After the offer period ends, your use of the Service will be charged at the new price. If your Service is on a period basis (for example, monthly or annual) with no specific length, we will notify you of any price change at least 30 days in advance, unless a shorter period is specified by the Store. If you don’t agree to these changes, you must cancel and stop using the Service by sending us an email (with cancellation confirmation from a Tailorwise representative or agent) no later than 30 days prior to the conclusion of your current payment term, whether monthly, annual, or otherwise.
Payments for all features are due at the time you sign up for them, unless we expressly agree otherwise in writing on a case-by-case basis. You retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 7 days (unless another period is specified by the Store), your account will be deactivated and all files will no longer be retrievable.
Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, annual or otherwise) and are non-refundable. This includes accounts that are renewed.
You will not be issued any refund for your most recent (or any previous) billing. To cancel or downgrade, you must make a written request to Tailorwise.
As stated above, we do not provide a payment gateway or store any of your payment details, including any credit card details. Your payment details may be stored with a third party payment processor in conformance with such processor’s policies, as they may be updated from time to time. In addition to complying with these Terms and other of our applicable policies, you are required to comply with all our third party provider policies from time to time. In the event of any conflict between our policies and those of any third party provider, the most restrictive policies will bind you.
Indemnification and Release
You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties“) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against any Indemnified Parties, whether successful or not, resulting from or arising in connection with: (a) your use of the Website, the App, the Materials, the Support and/or the Service; (b) your conduct; (c) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (d) any Content you upload to, posted on, create on, transmit through or link from the Website or the App.
Termination
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against TOV must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
