l. Confirmation and Acceptance
1. your relationship with Us
Starchy applications and the related website (“starchy”) are owned and operated by Qnick Solution Pvt.Ltd. Made in India "(collectively” we”,” us” or” Company”)..a private company established under the laws of India having its registered Office At Qnick Solution Private Limited. Kalpana Area,Bhubneswar,Khurdha (Odisha) India-751006
You must carefully read this terms of service (the “Terms”)which forms an agreement between you and us and sets forth the terms and conditions by which you may access Starchy and any related service, whether in whole or in part provided by us (collectively, the” Service”). The Terms form a legally binding agreement between you and us.
If you are using our service on behalf of a business or entity, whether in part of in whole, then you agree, represent and warrant that (a)” you” and” your” includes you and the business or entity that you represent, (b) you are duly authorized by such business or entity to on its behalf and bind such business or entity to these Terms; and (c) your business or entity is legally responsible for your use of our services as well as for the use of your account by other individuals authorized by your business or entity, including without limitation, any authorized employees or officers.
2.About the Platform
Starchy is a unique mobile application or software technology that allows You to view and share content (“Content”).
3. Accepting the Terms
If you click the “ I Agree” button or use the service, you are deemed to:
3. Changes to the Terms
We are constantly innovating, changing, and improving the Services. We may also amend these Terms from time to time, for instance when we update the functionality of the Services, or when there are regulatory changes that impact these Terms or the Services.
We will provide reasonable advance notice such as through a notice on our Platform of any material modifications to these Terms or our Services that will materially disadvantage you or materially limit the access or usage of our Services. However, you should also look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, to reflect the effective date of the most recently updated version of the Terms. As we do not permit the use of the Services by persons who do not agree to comply with our Terms, your continued access or use of the Services after the date of the new Terms constitutes your acceptance of such new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services and close your account (if applicable).
For modifications to the Terms or to the Services that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as practicable.
II. Account Registration and Use
Use and access to the Platform are available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Platform and shall not access or use the Platform. As a minor, if You wish to access or use the Platform, such access or use may be made by Your legal guardian or parents on the Platform. Verse reserves the right to terminate such use and/ or refuse to provide You with access to the Platform if it is brought to Verse's notice or if it is discovered that You are under the age of 18 years.
2. Account And Registration
When you fill in the information, you shall read and agree to the Terms and complete all the registration procedures according to the instructions on the registration page, you will obtain an account of starchy (“User”). You can log into Starchy through the Starchy username and password created by you. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org
By creating an account, you undertake to and shall provide true, accurate, current, and complete information as promptly update your details and any other information you provide to us, to keep such information current and complete.
We may collect personal information from Users in different forms. The School admin will put up all the information of students and teachers as per need. We will also ask for information for guidance and support messages, for app usage, registration, and many other services. We will collect information like name, gender, email address, phone number, and organization details.
We may collect non-personal identification information about the user’s usage of our website. This may include the browser name, date and time of visit, IP Address and technical information about the User's means of connection to our Site and the Internet service providers utilized, and other similar information.
5.Security of information
Data security is one of our prime aims to retain privacy for our customers. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our site.
We will not misuse or sell school data to any third party.
Only very limited information like the number of students etc. will be used for the internal functioning of the company.
We may collect personal information from Users in different forms. The School admin will put up all the information of students and teachers as per need. We will also ask for information for guidance and support messages, for app usage, registration, and many other services. We will collect information like name, gender, email address, phone number, and organization details.
6. Account Safety and Management
It is important that you keep your Account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your Account, you must promptly notify us at email@example.com .you Agree that you are solely responsible (to us and others ) for the activity that occurs under your Account.
We remind you that you must abide by applicable laws and regulations when you are using the service, and you shall indemnify us, our affiliates any losses arising out of, in connection with, and/or relating to your violation of such laws.
Your Account should be created and kept by yourself or a person authorized to keep the account on your behalf and you are advised to take care of your Account and ensure to log out appropriately. Your Account can only be used by yourself and you may not lend, give away or rent the Account or transfer, sell or share the Account in violation of the prescribed procedures. You shall notify us immediately when your Account is used without authorization, otherwise, the unauthorized use will be treated as the act of you who shall be solely liable for the losses and consequences arising therefrom. You shall be liable for the consequences of all the acts including but not limited to the online signature of various agreements, the release of information, purchase of commodities and services as well as disclosure of information under the Terms. If the use of your Account is deemed to threaten the safety of the Account and the safety of the information on starchy, at the company’s discretion, we have the right to suspend, block the Account and/or stop providing the service.
If your Account has not been used for more than 6 months, we reserve and you agree that we have the right to suspend, close, retrieve or replace the Account, delete or de-identify all records ( including but not limited to registration information, virtual gifts, etc .) of the Account form Starchy platform database or take other cleanup measures. Accordingly, the Account cannot be logged in to any of the starchy platforms and corresponding services are also terminated, and your related information may have been blocked or deleted. Starchy will notify you in ways including, but not limited to, popup windows, website announcements, site notices, and client notifications before removing such Accounts.
7. Account Suspension and Termination
We may immediately and any time, without notice terminate these Terms with you and your Account if in our reasonable opinion
(i) you have failed to comply with any of the provisions of these Terms or other related documents.
(ii) you have violated applicable laws. Regulations or third party rights.
(iii) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of company, user, or third parties ( for example in the case of fraudulent behavior of a User ).
You shall not use the service to conduct money laundering or terrorist activities in any way, shape, or form. The company also has the right to cooperate with competent authorities by including, but not limited to, conducting investigation and evidence collection of such money laundering activities by providing the identity information and the transaction records of such associated Account.
8. Account deactivation
You can deactivate your Account by notifying and asking us to take measures to suspend the login and use of your Account, you shall provide valid personal identity information that is consistent with the registered identity information. Otherwise, we have the right to refuse your foregoing request. We will take measures promptly to suspend the login and use of your account if the valid personal identity information provided by you is verified to be consistent with the registered identity information.
9. Termination of Service
Please note that regardless of any notice, we reserve the right to discontinue the Service or to terminate or suspend your Account in our sole discretion, for any reason.
We may terminate the Service permanently.We may end the Service and access the Service permanently for all users. You understand and agree that we will not assume any obligations to you concerning the Service for such permanent termination.
■you understand and agree that the service and/or any items which are stated to be “permanent” or its equivalent shall be interpreted as a time until the date announced by us when the Service will be terminated permanently.
Termination of your Account also entails the termination of your access to the Service.
III. Instruction of Conduct
1. Reasonable Use
We expect that the user will use the service reasonably.
if any user’s use of the service exceeds the reasonable and normal standard, we may monitor the usage of such a user.
If we identify any violating, abnormal or unreasonable use (at our sole discretion ), we have the right to take corresponding measures, including without limitation, restricting, suspending, or terminating such user’s access to the service, in part or whole.
You must comply with all applicable laws, rules, and regulations when using the service. You shall not use starchy to upload, download, send or transmit sensitive information and information in violation of applicable laws and regulations, and you agree not to engage in any of the following prohibited activities when using starchy, or allow any person to use your access to starchy to do the following. If you are aware of any unlawful use of your account or any Account security issues, please notify us immediately.
You may not take any actions that:
■ oppose the basic principles defined by the constitution or similar laws of your jurisdiction;
■endanger national security, divulge state secret, subvert state power, and undermine national unity;
■harm national honor and interest;
■incite ethnic hatred or ethnic discrimination and undermine ethnic solidarity;
■undermine national religious policies and promote cults and superstitions;
■spread rumor, disturbing social order and undermine social stability;
■spread or otherwise justifying obscenity, eroticism, gaming, violence, homicide, body injury, terror, instigating the crime or encouraging to commit any of the above, or other actions that pose a threat to people’s lives or health, or violent or cruel actions towards people or animals; or
■insult or slander other people and infringe other people’s legal rights and interests.
You also may not:
■access or use the service if you are not fully able and legally competent to agree to these Terms;
■modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service, including any files, tables or documentations (or any portion thereof ) or determine or attempt to determine any source code, algorithms, methods, or techniques embodied in the service or any derivative works thereof;
■market, rent or lease starchy for free of charge, or use the starchy to advertise or perform any commercial solicitation;
■interfere with or attempt to interfere with the proper working of the service, disrupt our starchy or any network connected to the service, or bypass any measures we may use to prevent or restrict access to the service;
■incorporate the service or any portion thereof into any other program or product. In such a case, we reserve or limit access to the service at our sole discretion;
■use automated scripts to collect information from or otherwise interact with the service;
■impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from starchy ;
■intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
■use or attempt to use another’s account, service, or system without authorization from us, or create a false identity on the website; or
■use the service in a manner that may create a conflict of interest or undermine the purposes of the service, such as trading reviews with other Users or writing or soliciting shill reviews.
2. Prohibited Activities
You shall understand and undertake not to or not to allow anyone else to engage in the following prohibited activities:
■impersonate others or organizations, falsely claim to be connected with anyone or entity, including setting false Account name or accessing the Account of another user, or maliciously use the registered Account to mislead other users when registering an Account or using the Service including but not limited to uploading, publishing and transmitting information; use the live video service to transmit any information that is harassing, libelous, abusive, intimidating, vulgar or obscene, or any other illegitimate information ;
.use the Service for any unauthorized commercial or other purposes not expressly permitted by this terms, including without limitation, spamming, upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications;
■engage in any illegal or potentially illegal (at the discretion of starchy )activities or transaction, including teaching people how to commit crimes, selling any illegal drugs, money laundering, or defrauding;
■provide any bits of advice, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or otherwise qualified to provide;
■use or exploit any the company’s intellectual property rights which shall be defined to mean to any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials(including without limitation, titles, computer code, designs, catch phrase, locations, and any related documentation), music, lyrics, domain names, ideas, logos, submissions, writings, concepts, themes , places, moral rights, of publicity , packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets ,all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions , divisions and continuations of such applications, and all corrections , reissues , patents of addition, extension and renewals of any such grant, registration or right (collectively ”intellectual property Rights’), or otherwise infringe on any of company’s intellectual property Rights ( including attempting to reverse engineer company’s client or software used); imitate starchy appearance design and functions; access the service and collect or process content made available through the service by using any automatic program, software , engine, web crawler, web page analytics tool, data mining tool or similar tools; decompile, reverse compile or reverse engineer any of software used by the service or seek to do any of the foregoing;
■intentionally distribute materials containing viruses, network worms, Trojan horse viruses, corrupted files or other malicious codes or items that disturb, destroy or restrict the functions of computer software, hardware or communication devices, the service, servers, and networks connected with the service;
■create multiple Account for disruptive or abusive purposes, or maliciously upload large amounts of repetitive and invalid data and information;
■engage in any actions undermining the fairness of starchy platform and/or service or other actions disturbing the proper normal order of the application, such as disrupt our website or any networks connected to the service, bypassing any measures we may use to prevent or restrict access to the service, trading reviews with other Users or writing or soliciting fake reviews, proactive or passive score cheating, collaborative cheating, using plug-ins, other cheating software or bugs to obtain improper illegal interest, or leveraging the internet or otherwise to bring plug-ins, cheating software and bugs to the public;
■release any words with’ starchy” brand such as” in partnership with starchy” and “co-produced with starchy “ via any channel or media including but not limited to “self-media”. You can only mention the programs themselves in promotion campaign rather than mentioning their connections with starchy or making promotions with “starchy” brand without authorization in their campaigns an promotion of collaboratively produced programs . you must secure the written approval of company for any their publicity articles containing “starchy”. otherwise, you shall indemnify the company for all losses arising therefrom; or
■intentionally or unintentionally violate any applicable laws, regulations, rules, articles, and other norms with legal effect.
IV. Commercial Behaviors
1. Revenue from Starchy
You understand and hereby agree that revenue and value may be generated by your use of Starchy, via ways including, without limitation, our sales of advertisement, broadcasting service in Starchy, cooperation with other third parties, etc. Subject to these Terms, our express written consent and/or agreement with you, you agree that you:
■are not entitled to share such revenue and/or value;
■ are not entitled to receive any payment and/or other consideration from any content you uploaded to Starchy; and
■ are not entitled to engage in activities to monetize any content you uploaded to Starchy, including without limitation, publish advertisements in violation of the Terms.
The company provides formal and special channels for advertisement publication through the Service and will examine and verify such advertisements. You are prohibited to publish commercial information including but not limited to any advertising materials, sales materials, etc.) on Starchy other than the advertisements published through the aforesaid Starchy formal and special channels. If you are in breach of the above requirement the Company has the right to take measures including without limitation: restrict or prohibit you from using the Service, close or deactivate your account, or keep the related information and deliver or report to related departments.
You agree and authorize the Company to publish any Commercial advertisements or any other types of commercial information (including but not limited to publish advertisements on any pages of Starchy to you while providing the Service and you agree and authorize the Company to send you sales and other commercial information using the contact information provided by you to us for the registration and maintenance of the purposes of the Account including your email, phone number, and other contact information).
V. Intellectual Property Rights and Content
1. Service Content
Our Service displays some content that is not produced or owned by the Company. This content is the sole responsibility of the person that makes it available. You agree that accessing and viewing by you of such content is at your own risk. We also make no warranties and/or guarantees that content provided by Starchy is accurate, complete, or up to date. We have the right but not the obligation to review, monitor, exam, and verify the content, uploaded or published by you or other Users for compliance with applicable laws and regulations, requirements of competent governmental authorities, and our policies. If we, in our sole discretion, believe that the content does not comply with these Terms or in response to complaints from other Users or a third party, we reserve the right to take any measures to address this, including without limitation, to remove or refuse to display such content. Using our Service does not give you ownership of any Intellectual Property Rights in our Service or the content you access, including content provided by Company and other Users, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, etc. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices displayed in or along with our Service.
2. User Content and Rights Therein
The Company respects and encourages you to upload original content, and we will take measures to protect your Intellectual Property Rights. You hereby represent and warrant that you are the copyright owner or you have received all necessary authorization, approval, licensing, rights, and/or clearances from the copyright owner of the content (including but not limited to text, words, pictures, videos, audios, live shows, etc.) that is uploaded, published or transmitted on Starchy by you through your Account (the "User Content') following this Terms. Whenever you submit User Content to or through the Service, you must ensure that your User Content and your conduct comply with these Terms.
If any User Content you provide is reported or otherwise determined to violate these Terms or any applicable laws, we have the right to delete, alter, move, remove, or transfer such User Content, with no liability of any kind to you, to the maximum extent permitted by applicable law. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your account.
By using the Service and whenever you submit User Content to or through Starchy, you grant, or will procure the grant to, us and our affiliates, royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable, transferable and perpetual license (but not an obligation) to () display the User Content within the Service; (i) allow other Users to View, access, play and download the User Content subject to your privacy choices, (ii) use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your User Content works better with our Service), communicate, publish, publicly perform, publicly display and distribute the User Content uploaded or published by you on Starchy , (v) and pass these rights along to, service providers and others with whom we have contractual relationships related to the operation of the Service (e.g., cloud hosting providers) and to otherwise permit access to or disclose your User Content to the extent specifically set forth in the Terms.
We respect Intellectual Property Rights and ask you to do the same. As a condition of your access to and use of the Service, you agree not to use the Service to infringe on any Intellectual Property Rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any Intellectual Property Rights. If the Company believes that other Users or third parties infringe your Intellectual Property Rights, the Company is entitled to act on behalf of itself or authorize any professional third parties to take measures in the Company's sole discretion including but not limited to: monitoring the infringing acts, sending warning letters, bringing suits or arbitrations, mediating, compromising, etc.
The license will not affect your rights in the related User Content; but you should ensure that you are the owner of or you have acquired the license of all the User Content uploaded by you on Starchy, which shall not infringe any rights of others. If any Intellectual Property Rights owner informs the Company about any copyright infringement behaviors, the Company has the right to delete the related content and will inform you later if possible, and you shall be liable for any damages or other consequences caused by such infringement.
You shall be deemed to have granted us (unless withdrawn expressly by you) the license to use (including but not limited to copy, publish, release, as well as to adapt, reproduce, translate, transmit, perform and display in original form or other forms) the content you uploaded for legitimate commercial purposes including but not limited to promotion if you accept these Terms.
By uploading your User Content and made it to the public, you acknowledge that such User Content, in part or whole, may be adapted, excerpted, or otherwise used by other Users and hereby irrevocably license your User Content to such other Users solely for producing derivative User Content in Starchy. Your account ID, as the source of the User Content, will also be attributed in such derivative User Content. You may withdraw such permission as shown in your Privacy Settings before publishing each User Content. Upon your withdrawal, your User Content will not be accessible to other users in Starchy for such use upon publishing.
You acknowledge and agree that User Content will be considered non-proprietary and non-confidential. You must not upload or transmit any User Content that you consider to be proprietary or confidential. In Starchy's in-app setting, you can decide and control to what extent your User Content is available, whether to all other Users, Users you selected, or only to yourself, subject to in-app features and functions available in Starchy.
You acknowledge and agree that we are not the source of, do not verify or endorse, and are not responsible in any manner for User Content, that you are solely responsible to retain adequate back-ups of User Content, that you assume all risks associated with User Content and whenever you make available User Content through the Service, and that you have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of User Content.
You acknowledge and agree that we and our affiliate companies may preserve content, including User Content, and may also disclose content, including User Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:
■ comply with legal process, applicable laws, and lawful requests from government and/or law enforcement agency;
■ enforce these Terms;
■ respond to claims that any content violates the rights of third parties; or. protect our rights, property, and/or the personal safety of our users and/or the public.
You understand that even if you delete your User Content from Starchy, it may remain available to other Users - for example, we may not be able to prevent any other Users from storing or archiving any of the User Content that you have shared via Starchy.
We reserve the right to moderate, block, or remove, with or without notice to you, your User Content for any reason, including, in our opinion your User Content violates these Terms, or as may be required by applicable laws and regulations. We will take technical measures to prevent unauthorized disclosure of or access to User Content following the industry standards. Save as set forth herein or under applicable laws, we have n0 other obligations concerning User Content.
VI. Exclusion of Warranties
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
1. Your use of the Service is entirely at your own risk after having carefully considered these terms and having fully understood its implications on your legal rights.
2. We make no representations, warranties, or guarantees, whether express or implied, that any Service Content is accurate, complete, or up to date.
3. Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Service, such as comments relating to the Service. information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Service, such as comments relating to the Service.
4. The Service is provided "as is" and we make no warranty or representation to you concerning it. In particular we do not represent or warrant to
■Your use of the Service will meet your requirements;
■Your use of the Service will be uninterrupted, timely, secure, or free from error;
■Any information obtained by you as a result of your use of the Service will be accurate or reliable; and
■Defects in the operation or functionality of any software provided to you as part of the service or website will be corrected.
5. No conditions, warranties, or other terms
(including any implied terms as to the satisfactory quality, fitness for purpose, or conformance with description) apply to the Service except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw, or restrict the availability of all or any part of our Service for business and operational reasons at any time without notice.
VIl. Limitation Liabilities
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
(II) ANY LOSS OF GOODWILL;
(III) ANY LOSS OF OPPORTUNITY;
(IV) ANY LOSS OF DATA SUFFERED BY YOU; OR
(V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO STARCHY WITHIN THE LAST 12 MONTHS.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT, AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
VII. Applicable Laws and Jurisdiction
1. To the fullest extent permitted by local laws and regulations, the Terms and any dispute or claim resulting from or in connection with the Terms will be governed by the laws of Odisha.
2. Any dispute, controversy, or claim (whether in contract tort, or otherwise) arising out of, relating to, or in connection with the Terms, including their existence, validity, interpretation, performance, breach, or termination, will be referred to and finally resolved by arbitration administered by the Odisha. Arbitration Centre under the Arbitration Rules of the Odisha Arbitration Centers then in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Odisha. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
3. The signature, validity, interpretation, modification, supplement, termination, execution, and dispute resolution of this Agreement shall be governed by the laws of Odisha; where the laws are silent, common business practices and/or industry practices will be referred to.
4. Should any provision of this Agreement be held to be void, invalid, or unenforceable, such provision shall be deemed to be severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement. The invalidity, illegality, or unenforceability of all or any part of any provision of the Terms shall not affect or impair such part or provision or any other provisions of the Terms in any other jurisdiction.
X. General Terms.
1. Entire Agreement
These Terms constitute the whole legal agreement between you and Company and govern your use of the Service and completely replace any prior agreements between you and the Company concerning the Service.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
3. No Waiver
The failure of either you or us to exercise or enforce any right or provision of this Terms will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms will be effective only if in writing and signed by the relevant party.
4. Termination and Disputes
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Any disputes arising from or relating to the interpretations or performance of the Terms shall be first settled through friendly and amicable negotiation between the Company and you.
You must not establish a link to Starchy in any website or application that is not owned by you. We reserve the right to withdraw linking permission without notice.
We do not guarantee that our Service is secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access Starchy. You should use your virus protection software.
7. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
You acknowledge Starchy will not be liable for any third party information, data, or communication link made available or hosted
by it, and that Starchy's role and function are limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored (in this instance on App user devices). Starchy
does not initiate the transmission, select the receiver of the transmission, nor select or modify the information contained in such transmission. Being an intermediary, we may review (but not commit to reviewing) content or third-party programs or services made available through the App, in instances such as where a user has reported certain content, to determine and ensure compliance with our Terms, applicable laws, and regulations.