1. Your relationship with Samuday
1.1 Your use of Samuday’s products, software, services and web sites (referred to as the “Services” in this document and excluding any services provided to you by Samuday under a separate written agreement) is subject to the terms of a legal agreement between you and Samuday. “Samuday” means Samuday Web Technologies Pvt. Ltd., 105, Magnum Towers, 2nd Cross, Lokhandwala, Mumbai, India. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Samuday, your agreement with Samuday will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Samuday will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Samuday in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Samuday in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Samuday will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Samuday.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3.3 As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services offered by Samuday, which you may not be able to opt-out from receiving.
4. Password and Personal Information
4.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
4.2 Accordingly, you agree that you will be solely responsible to Samuday for all activities that occur under your account.
4.3 Samuday cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
5. Content in the Services
5.1 All information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated is referred to below as the “Content”.
5.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Samuday (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Samuday or by the owners of that Content, in a separate agreement.
5.3 Samuday reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
5.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
5.5 You agree that you are solely responsible for (and that Samuday has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Samuday may suffer) by doing so.
6. Proprietary Rights
6.1 You acknowledge and agree that Samuday (or Samuday’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Samuday and that you shall not disclose such information without Samuday’s prior written consent.
6.2 Unless you have agreed otherwise in writing with Samuday, nothing in the Terms gives you a right to use any of Samuday’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
6.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
6.4 Unless you have been expressly authorized to do so in writing by Samuday, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
7. Ending your relationship with Samuday
7.1 If you want to terminate your legal agreement with Samuday, you may do so by (a) notifying Samuday at any time and (b) closing your accounts for all of the Services which you use, where Samuday has made this option available to you. Your notice should be sent, in writing, to Samuday’s address which is set out at the beginning of these Terms.
7.2 Samuday may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Samuday is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Samuday offered the Services to you has terminated its relationship with Samuday or ceased to offer the Services to you; or
(D) Samuday is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Samuday is, in Samuday’s opinion, no longer commercially viable.
7.3 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Samuday have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
8. Copyright and Trademark Policies
Samuday respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(A) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(B) identification of the copyrighted work claimed to have been infringed;
(C) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(D) your contact information, including your address, telephone number, and an email address;
(E) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(F) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Samuday will also terminate a user’s account if the user is determined to be a repeat infringer.
9. Limitation and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMUDAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(C) ANY CONTENT OBTAINED FROM THE SERVICES; AND
(D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SAMUDAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms and any action related thereto will be governed by the laws of India without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Mumbai, India, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
12. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at samuday.in/tos. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Samuday Web Technologies Pvt. Ltd., Mumbai, India. If you have any questions about these Terms, please contact us.