TERMS OF SERVICE

 

Last Updated: March 2019

 

These terms of service (these “Terms”) govern your use of the websites, extensions, mobile applications, downloadable applications and software, services and products (collectively, our “Services”) offered to you by Cometo Digital (OPC) Pvt. Ltd. (the “Company,” “we,” “us,” “our”), and which contain a link to these Terms. These Terms are a legally binding agreement between you and us.

 

WE OFFER OUR SERVICES TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS WITHOUT MODIFICATION OR EXCEPTION. PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF OUR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING OUR SERVICES.

 

Section 1. Our Services; Rights; Restrictions and Licenses.

 

 

 

 

 

 

 

 

 

enhanced functions, new software modules and completely new versions. Without further notice or consent, you agree to receive such updates (and permit the Company to deliver these to you) as part of your use of the Services.

 

 

Section 2. Your Content.

 

 

 

(3).

 

 

Section 3. Communications to You.

 

You understand and agree that by utilizing our Services, you agree to receive communications from us, including emails, push notifications, text messages, and other forms of communications, regarding our Services and other third-party business offerings. You further understand and agree that our Services may include communications from us or from our partners to you and that these communications are considered part of the Services. To opt out of receiving communications from us via email, please email us at [email protected] or click on the “unsubscribe” link at the bottom of any communication you receive from us. Please be aware that we do not and cannot control the policies of any third parties who distribution any communications to you.

 

Section 4. Privacy Policy.

 

Any information that we collect from you, whether personal in nature or otherwise, is subject to our Privacy Policy. Please click here to see our full Privacy Policy.

 

Section 5. Your Conduct.

 

 

 

 

 

Section 6. Termination, Suspension and Other Company Rights.

 

 

 

Section 7. Indemnification.

 

You hereby agree to indemnify, defend and hold Company and all of its operators, officers, directors, owners, employees, agents, information providers, affiliates, parent companies, partners, and licensors (collectively, the “Company Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Company Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of (i) your use of the Services and/or Content; (ii) the content, the quality, or the performance of Your Content; (iii) your connection to the Services and/or Content;

 

 

Section 8. Disclaimer; No Warranties.

 

We, and our parents, owners, agents, Content providers, employees, licensors, affiliates, and our partners: (i) disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material; (ii) disclaim any responsibility for any harm resulting from downloading or accessing any Content accessible by or through the Services and/or Content; (iii) disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies the Services, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

 

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OR AVAILABLE THROUGH THE SERVICES. THE SERVICES AND ALL CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS OR PROVIDERS MAKES ANY WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICES AND THE ACCURACY

 

OR COMPLETENESS OF ITS CONTENT.

 

NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

Section 9. Remedy; Arbitration; Governing Law.

 

 

TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR A THIRD PARTY WITH RESPECT TO THESE TERMS, THE SERVICES, OR THE CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND/OR CONTENT.

 

 

 

Section 10. Miscellaneous.

 

 

 

 

 

 

Section 11. Modification of Terms.

 

At any time and without notice to you, we may modify these Terms by posting revised Terms on the Services. Your continued use of the Services constitutes your unconditional and binding acceptance of these Terms, including any amendments, revisions, alterations, modifications and/or supplements that we make from time to time in accordance with the provisions of hereof.

 

Section 12. Contact Us.

 

If you should have any questions or comments regarding these Terms or the Services, you can contact us at [email protected].

 

Cometo Digital (OPC) Pvt. Ltd.

A-130 A Block, Sector 63
Sector 63, Noida - 201301
India

[email protected]