TERMS & CONDITIONS
- 1.1. www.baywiser.com (here in after referred to as “Platform” or “Service”) including any upgrades from time to time and any other software or documentation which enables the use of the Service, is developed by Findesk Market Services Pvt. Ltd., a company incorporated under the Companies Act 2013, having its registered office at 580 School Road, Annanagar Western Extension, Chennai.
- 1.2. Unless otherwise indicated, the term "You" (along with its grammatical variations) refers to any person who accesses, browses or otherwise uses this Platform/ Service and includes any third-party service providers and customers registered with this Platform.
- 2.1. By accessing this Service, you agree to be bound by these terms & conditions (hereinafter referred to as “Terms”). We recommend that you read these Terms prior to using our Platform/Service and thereafter regularly review any changes, which would be updated in our portal from time to time and you are responsible for doing so. If you do not accept these Terms you must immediately stop using the Service and access to the Service may be denied.
- 2.2. At the time of registering for use or using our Service you may be asked to enter your name, your age, gender, e-mail address, phone number or other information.
- 2.3. To access and view the Platform/Service, you must be at least 18 years old. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors are not authorized to use the Service.
- 2.4. By Agreeing to use this Platform/Service you acknowledge that you are compliant with 2.3 above.
- 2.5. Use of Platform is considered to be null and void if it is done in violation of any of these d Terms.
- 2.6. By using the Platform, you declare and guarantee that your use of the Platform does not infringe any current law or regulation, and you are fully authorized and permitted by local laws to provide the mentioned services as specified in Findesk Market Services Private Limited's Terms of Service.
3. Data Protection:
- 3.1. Nothing is more important to us than protecting your personal information provided to us. Findesk Market Services Private Limited will not use your personal information other than as stated in these terms without first receiving your permission.
- 3.2. We do not sell, trade, or otherwise transfer to outside parties your personal information. This is to the exclusion of trusted third parties who assist us in operating our Service, conducting our business, or servicing you, so long as those parties agree to keep this information confidential [Internal Purpose].
- 3.3. We may also release your information when we believe such release is appropriate to comply with the law, enforce our rights or protect others or our rights, property, or safety
- 3.4. We may include or offer third party products or services on our Service. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.
- 3.5. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this policy at any time.
4. Third Party Links and Services: The Service may include links to third party platforms, advertisers, services, special offers, or other events or activities that are not controlled and maintained by us. Any link to such third party platforms is not an endorsement of such platforms, advertisers, services, special offers, or other events or activities and you acknowledge and agree that we are not responsible for the content, performance or availability of any such sites.
5. Proprietary Rights And License:
- 5.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Service together with the underlying software code are owned either directly by Findesk Market Services Private Limited and/or our licensors.
- 5.2. We hereby grant you a limited, non-transferable, non-exclusive, royalty-free revocable license to use the Service for your personal, non-commercial use in accordance with these terms.
6. Conditions of Use:
- 6.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Platform (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Platform; or (iii) create derivative works of the Platform of any kind whatsoever.
- 6.2. The Service wherever made available to you free of charge is for your personal, non- commercial use.
- 6.3. We reserve the right to amend or withdraw the Platform, or charge for the Service provided to you in accordance with these terms, at any time and for any reason.
- 6.4. Any charges by third party service providers listed through the Platform would be as per our Terms.
- 6.5. You acknowledge that the terms of agreement with your respective network provider (‘Service Provider’) will continue to apply when using the Platform/Services. As a result, you may be charged by the Service Provider for access to network connection services for the duration of the connection while accessing the Platform or any such third party charges as may arise. You accept responsibility for any such charges that arise.
7. Platform Availability:
- 7.1. This Platform would be made available to devices running specified operating systems. Findesk Market Services Private Limited will use reasonable efforts to make the Platform available at all times. However you acknowledge the Platform is provided over the internet and mobile networks and so the quality and availability of the Platform may be affected by factors outside Findesk Market Services Private Limited’s reasonable control.
- 7.2. Findesk Market Services Private Limited, its group of companies, advisors and sub- contractors do not accept any responsibility whatsoever for unavailability of the Platform, or any difficulty or inability to download or access content or any other communication system failure which may result in the Platform being unavailable.
- 7.3. Findesk Market Services Private Limited will not be responsible for any support or maintenance for the Platform.
- 7.4 Findesk Market Services Private Limited does not represent or warrant that the Platform/Service will be error-free, free of viruses or other harmful components, or that defects will be corrected.
8. Platform System Requirements:
- 8.1. In order to use the Platform, you are required to have a compatible device, internet access, and the necessary minimum specifications.
- 8.2. The software version of the Platform may be upgraded from time to time to add support for new functions and services.
- 9.1. We may terminate use of the Service at any time by giving notice of termination to you.
- 9.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Service.
10. Content Disclaimer:
- 1.1. We communicate information provided and created by advertisers, listing agencies, publishers, users, resellers, third parties. We have no control over the accuracy, legality, legitimacy, validity or reliability of such information on the Platform, which may also include technical inaccuracies or typographical errors.
- 1.2. We make no guarantee, nor do we take any responsibility for the content including its quality, copyright compliance or legality, or any resulting loss or damage. The content, not limited to the availability of any product or service or any feature thereof, is subject to change without notice.
- 10.1. We are not responsible for, and make no representations or warranties about the contents of websites to which links may be provided from our Platform.
- 10.2. We reserve the right, at our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platform.
11. Reviews, ratings & comments by users:
- 11.1. You are solely responsible for the content of any transmissions you make to the Service or any transmissions you make to any mediums offered by the Service and any materials you add to the Service or add to any mediums offered by the Service, including but not limited to transmissions like your reviews, ratings & comments posted by you (the "Communications"). We do not endorse or accept any of your Communication as representative of our views. By transmitting any public Communication to the Service, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all platforms now known or later developed.
- 11.2. You confirm and warrant that you have the right to grant these rights to us. You hereby waive and grant to us all rights including intellectual property rights and also "moral rights" in your Communications, posted at our Service through any of mediums of the Service. We are free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as review, rating or comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your friend's tagged by you. Also we reserve the right to mask or unmask your identity in respect of your reviews, ratings & comments posted by you.
- 11.3. We have the right, but not the obligation to monitor and edit or remove any content posted by you as review, rating or comments. We cannot review all Communications made on and through any of the mediums provided by us. We reserve the right, but have no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which we at our sole discretion deem inappropriate, offensive or contrary to any Service policy, or that violate these terms.
- 11.4. We reserve the right not to upload or distribute to, or otherwise publish through the Service or forums any Communication which is (a) obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive; (b)constitutes or contains false or misleading indications of origin or statements of fact; (c)slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party; (d)causes injury of any kind to any person or entity; (e)infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party; (f)violates any applicable laws, rules, or regulations; (g)contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) impersonates another person or entity, or that collects or uses any information about visitors.
- 11.5. It is also clarified that, if there are any issues or claims due to your posts by way of reviews, ratings and comments, then we reserve the right to take appropriate legal action against you. Further, you shall indemnify and protect us against such claims or damages or any issues, due to your posting of such reviews, ratings and comments. We take no responsibility and assume no liability for any content posted by you or any third party using the Service.
- 11.6. You further acknowledge that conduct prohibited in connection with your use of the Service includes, but is not limited to, breaching or attempting to breach the security of the Service.
12. Limitation of Liability:
- 12.1. You expressly acknowledge and agree that use of the Service and the Platform is at your sole risk. The Service and the Platform are provided on an "as is" and "as available" basis.
- 12.2. In no event shall we be liable to any user on account of any use, misuse or reliance on the Service/ Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or any other theory, even if we are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Service/ Platform . We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, content, product, services, or processes disclosed on the site or any other material or information accessible from the site.
- 12.3. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Service or Platform is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
13. Severability: In the event that any provision of these terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from these terms and the remaining provisions of this agreement shall remain in full force and effect.
14. Assignment:The user is not entitled to assign any of its rights or obligations under this terms and conditions to any third party without our prior written consent.
15. Governing Law, Jurisdiction and Arbitration: These Terms shall be construed in accordance with the laws of India. Courts in Chennai shall have exclusive jurisdiction. Any dispute, arising out of these Terms shall be settled by arbitration in accordance with the Rules of Arbitration and Conciliation Act, 1996 in force on the date when the notice of arbitration is submitted in accordance with these rules. The venue of arbitration shall be Chennai and the proceedings shall be conducted in English language.
16. Entire Agreement: These Terms, together with any documents expressly referred herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous oral or written communications between the parties relating in any way to the subject matter hereof.
For all further comments regarding these terms and conditions the User is advised to contact us at email@example.com