Terms and Conditions

Last Update on: May 28th 2023

Terms of Use

These Terms of Use set forth the terms and conditions that apply to the access and use of the website  located at https://www.perks.tech; and its mobile application, which is owned, managed and operated by Tartanhq Solutions Private Limited, a private limited company incorporated under the (Indian) Companies Act, 2013 (hereinafter referred to as “Company”/“We”/“Us”). For the purpose of these Terms of Use, the term “Application” includes the website as well as the mobile phone application mentioned above that is developed on the software and may comprise of any other applications and softwares and/ or websites including the accounts of users with their relevant employers,  third parties, classified advertisements, forums, various email functions and internet links, and all other content and the Company Services available through the Application; including any sub-domains thereof pertaining to the Service.
PLEASE READ THESE TERMS OF USE THOROUGHLY AND CAREFULLY. These Terms of Use contain provisions that define Your legal rights and obligations with respect to Your use of, and participation in (i) the Application; (ii) the online transactions between You and the Company through the Application; and (iii) providing of, or usage of, any Services provided via the Application. The Terms of Use apply to all Users of the Application, including Users who are involved in providing Services, contributors of information, private and public messages, advertisements, and other materials or Services on the Application; as well as Users that access and/ or use such information.
You acknowledge that the Application may serve as a venue for online uploading, exchange of information, directly or indirectly, as well as participation in and sale of various products/ Services between Users, and, therefore by using, visiting, registering for, and/or otherwise participating in the Services offered on the Application, and by clicking on “I have read and agree to the terms of use”, You hereby certify that: (1) You are either an existing or prospective Service recipient, Service provider or just a visitor; (2) You have the authority to accept these Terms of Use and be contractually bound by the same for and on behalf of Yourself as well as persons for which You intend to obtain the coverage; (3) You authorize the transfer of payment for Services (if any) requested through the use of the Application; and/ or (4) You agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein.
·  If You do not agree to the foregoing, You should not click to affirm Your acceptance thereof, in which case You are prohibited from accessing or using the Application. All references to “You” or “Your” or “Yours” as applicable, refer to the person that accesses, uses, and/ or participates in the Application in any manner, as well as any end users/ employees for and/ or on whose behalf You access the Application.
(a) Privacy Policy
Please visit and review Our Privacy Policy, which also governs Your visit to the Application, to understand Our practices. These Terms of Use shall be read along with the Privacy Policy which will help You understand the limits of Your usage of the Application, what information We collect, why We collect it, and how You can update, manage, export, and delete Your information. If You object to Your information being transferred or used as per the Privacy Policy of the Company, please do not use the Application. The Privacy Policy is located at https://www.perks.tech/privacy-policy.
(b) Modifications To Terms Of Use And/ Or Privacy Policy
The Company reserves the right, at its sole discretion, to change, modify, or otherwise amend the Terms of Use and Privacy Policy, and any other documents incorporated by reference herein, at any time, and it will post the amended terms at the Application. Kindly review the Terms of Use/ Privacy Policy for any changes and You are encouraged to check the same frequently. Your continuous use of the Application following any such amendments will signify Your assent to and acceptance of the revised terms. If You do not agree to abide by these or any future Terms of Use or Privacy Policy, please do not try to use or access the Application.
The Application regulates the processing of information relating to You and grants You various rights with respect to Your personal data. This Privacy Policy applies to anyone who uses Our Application, and/ or accesses Our Application. This Privacy Policy also applies to information We collect from or about Users, Service recipients, Service providers or any other persons who use the Company platform.
(a) License To Access
The Company grants You a limited, revocable license to access the Services being offered and make use of the Application, the Services and ancillary services. By using the Application You agree not to: (i) use this Application or its contents for any commercial purpose other than the purpose of Services offered through the Application; (ii) make any speculative, false, or fraudulent transaction or any transaction circumventing the involvement of the Application; (iii) monitor or copy any content or information of this Application, including through using any automated or manual process for any purpose without our express written permission; (iv) violate the restrictions or bypass or restrict or circumvent other measures employed to prevent or limit access to this Application; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services; (vii) deep-link to any portion of this Application (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or (viii) violate our intellectual property and/ or proprietary rights, directly or indirectly, in any manner.

Any unauthorized use by You shall terminate the permission or license granted to You without prejudice to availing any other remedies available under law.
(b) Authority To Access And Representations
The use of the Application is available only to persons who can form legally binding contracts under applicable law. You represent, acknowledge and agree that (a) You or the beneficiaries for which You are accessing the Application are at least 18 years of age and duly authorised to contract on behalf of the person that You represent; (b) all registration information that You submit is truthful and accurate; (c) the accuracy of such information will be maintained by You; and (d) Your use of the Application and Services do not violate any applicable law. Your account may be terminated without warning if We, at Our discretion, believe that You are not complying with such conditions.
You agree and understand that You are solely responsible for maintaining the confidentiality of Your password which, together with Your Login ID (as may be applicable in accordance with the Service selected), allows You to access the Service. That Login ID and password, together with any mobile number or other contact information You provide, form Your “Registration Information”. You agree that You are responsible for maintaining the confidentiality of Your Registration Information, and for restricting access to Your device. You agree that the Company shall not be liable for any unauthorized use or access from Your Login ID.
You also represent and confirm that in the event Your employer or other third party owns the Submitted Content and You share the access of the same to Us, You do not violate any contractual arrangement that You have with such party.
You agree not to misrepresent Your identity nor will You make an attempt to make an unlawful access to the Application, use of the Services or in the process of facilitating collection of information for creation of Submitted Content. Additional terms and conditions will apply to Your sale/ purchase of products/ services that You select. Please read these additional terms and conditions carefully.
The Company provides a number of services through the Application. The Application is essentially a financial services marketplace that connects sellers/service providers with the relevant customers in the financial services industry. A broad description of Services and the functionality that the Company provides, is available on the Application.
As an overview, the Application offers you/ your employees with access to information/ product/ service primarily about certain financial products/services including, loan facilities and advances, credit cards, insurance policies and various forms of coverage, investment services, etc. sold by various sellers registered on the Application (collectively referred as “Service/s”) and an opportunity to be a seller and provide the Services. In addition, Company also enables third party services including verification services and other information validation services which permits retrieval, collection and use of Your sensitive personal information through third party sites (eg., employer sites, etc.) as required to be obtained to enable processing of your selection of Services. The above said Services and ancillary services are provided on a commercially reasonable effort basis and you agree that your participation for availing the above-mentioned Services is purely at your will and consent.
You agree and acknowledge that for undertaking any financial transaction through the Application, the Company may undertake client/ customer due diligence measures and seek mandatory information required for confirmation of financial details/ KYC purpose which, as a customer, You are required to give while facilitating your request. The Company may obtain sufficient information to establish, to its satisfaction or the service providers (including banks/ financial institutions, employers, insurance companies/ agents, etc.) the identity of each new customer/user, and to ascertain the purpose of the intended nature of relationship between You and such Service providers. You agree, acknowledge and hereby consent that the Company can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with such requirements and obligations.
You agree and authorize the Company to share Your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide You with various value-added services, in association with the Services selected by You or otherwise. You agree to receive communications through emails, telephone and/or SMS, from the Company or its third-party vendors/business partners/ marketing affiliates regarding the Services/ ancillary services updates, information/promotional emails and/or product announcements. In this context, You agree and consent to receive all communications at the mobile number provided by You, even if this mobile number is registered under DND/NCPR list under TRAI regulations. For such purpose, You further authorize Company to share/disclose the information to any third-party Service provider or any affiliate, its group companies, authorized agents.
Company may retain and use Your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.
(a) Confidentiality Obligations
The Application may permit the access to/ submission of various information as described in para. 3 above (Description of Services) (“Submitted Content”), feedback as well as the hosting, sharing, and/ or publication of such Submitted Content. You, acting either as Service provider or Service recipient, understand that whether such Submitted Content is published or not, the Company does not guarantee any confidentiality with respect to such Submitted Content.
You, acting either as Service provider or Service recipient, agree that such Submitted Content provided by You for which You authorize to be searchable by Users who have access to the Application is provided on a non-proprietary and non-confidential basis. 

The Company may also disclose User information including personal information if the Company reasonably believes that disclosure:
·  Shall enable completion of offerings on the Application;
·  Is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority; 
·  Would potentially mitigate the Company’s liability in an actual or potential lawsuit;
·  Is otherwise necessary or appropriate to protect Our rights or property, or the rights or property of any person or entity;
·  To enforce these Terms of Use (including, but not limited to ensuring payment of fees by Users)/ Privacy Policy; or
·  As may be required or necessary to deter illegal behaviour (included, but not limited to, fraud).
(b) Your Ownership, Rights And License To Company
You, acting either as Service provider or Service recipient, retain all of Your ownership rights in Your Submitted Content and to the extent not owned by You, You are duly authorised to submit/ share/ provide access to the same. 
By submitting the Submitted Content to the Company for usage for the purpose on the Application, You hereby grant, and You represent and warrant that You have the right to grant, to the Company a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of and share the Submitted Content, and any derivative works thereof, in any media formats. You also hereby grant each User of the Application a non-exclusive license to access Your Submitted Content through the Application, and to use, edit, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Application and under these Terms of Use.
You may remove Your Submitted Content from the Application at any time after your transaction is complete. In the event you are a Service provider, only the Company can update/ withdraw the Submitted Content uploaded by You upon completion of the said activity and after consent from the Company or as the Company may so deem fit.
(c) Third Party Links
This Application may provide links to other websites or resources. Since the Company has no control over such third-party websites and resources, You acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Application is at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
For the purpose of providing Services, the Company may engage third party service providers for undertaking various support services, including verification of data including but not limited to sensitive personal information pertaining to you, data from credit Information and other relevant details and KYC documents that You provide to the Company for the purpose of due diligence and assessment. We will send such data to third party service providers and assessment reports from such service providers to the Service providers  on the Application can further render services to their prospective customers. 
You understand and acknowledge that We may periodically request for updates on such data, including, basis requests from third party service providers.
We collect, store and use the data stored or accessed through the Central KYC Registry for completing Know Your Customer process from you in accordance with the Prevention of Anti-Money Laundering Act 2002 and KYC Master Direction 2016. Such collected data shall be used to ascertain Your compliance with the specified regulations through various modes but not limited to Central KYC Registry, UIDAI and other Know Your Customer Authentication method, hence You hereby expressly out of your own free will and without any undue influence, coercion, fraud, mistake, misrepresentation provide Your consent to the Company to use, access, modify, store, download, upload or take any other action in relation to any data stored or accessed through the Central KYC Registry for the same. All transactions undertaken on Your behalf by the Company shall be on the basis of Your express instructions/consent and will be strictly on a non-discretionary basis. 
You understand and acknowledge that You shall be solely responsible for all the activities that occur under Your account while availing the Services. You undertake that the Company shall not be responsible and liable for any claims, damages, disputes arising out of use or misuse of the Services.
(d) Company’s Disclaimers And Right To Remove
You acknowledge that the Application is merely a marketplace and that the Company does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with all Submitted Content. The Company does not permit any illegal or infringing activities and the Company will remove Submitted Content or part thereof if any such activities come to the notice of the Company. The Company may also terminate User’s access to the Application in such cases. Further, the Company may remove such Submitted Content and/or terminate User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
You acknowledge and understand that when using the Application, You will be exposed to Submitted Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that You may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Application.
(a) Prohibitions On Submitted Content
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of Submitted Content that:
·  Is prohibited under any law for the time being in force or has been prohibited by any court of competent jurisdiction;
·  Affects the sovereignty and integrity of India and threatens, endangers or jeopardises the security of the country;
·  Is detrimental to India’s friendly relations with foreign countries;
·  Is likely to incite violence or disturb the maintenance of public order;
·  Misrepresents the source of anything You upload, including impersonation of another individual or entity or any false or inaccurate information; provides or create links to external sites that violate the Terms of Use;
·  Is intended to harm or exploit any individual, including a minor (under the age of 18 years) in any way; is designed to solicit, or collect personally identifiable information of such person;
·  Invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
·  Contains falsehoods or misrepresentations that could damage the Company, its goodwill or any third party(ies) in any manner;
·  Is pornographic or expresses pornography, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; 
· Either incites or advocates obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; 
encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; 
·  Promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
·  Is copyrighted, protected by trade secret or otherwise subject to third party(ies) proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and to grant the Company all of the license rights granted herein, which includes material bearing watermarks or other proprietary marks of other platforms or entities;
·  Intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Company employee, agent, manager, host, another user, or any other person through any means;
·  Advertises or solicits a business not related to or appropriate for the Application (as determined by the Company in its sole discretion);
·  Contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
· Distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of the Company Users;
· Breach any of the provisions of either Privacy Policy or these Terms of Use or such other policies as published by the Company, as amended from time to time.
(c) Prohibitions on sending messages
You will not send messages to other Users containing:
· Offers to make national or international money transfers for amounts that are not part of the Services that You offer through the Application;

· Offer to directly/ indirectly engage with the Users by circumventing the Application/ Company;

· Offers to buy Your products/ services that are not authorised by the Company; or

· Unsolicited advertising or marketing of a Service not offered on the Application or an external website.
(d) Prohibitions With Respect To Services
While using the Application, You shall not:
·  Post content or items in any inappropriate category or areas on the Application;
·  Violate any laws, third party(ies) rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
·  Fail to make payment for Services purchased by You;
· Circumvent or manipulate our fee structure, the billing process, or fees owed to the Company; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Application User);
·  Take any action that may undermine the sale or services or ratings systems (such as displaying, importing or exporting information off the Application or using it for purposes unrelated to the Application).
(e) Enforcement
When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Application. The Company does not and cannot review every posting posted to the Application. These prohibitions do not require the Company to monitor, police or remove any Postings or other information submitted by You or any other User. Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive.
(f) Feedback
As a User of the Application, You agree to use careful, prudent, and good judgment when providing feedback for a Service obtained through the Application, which otherwise may have adverse consequences against You and Your access to the Application. The feedback provided by You with respect to the Application shall be deemed to be non-confidential and the Company shall be free to use such information on an unrestricted basis.
You understand that, as a part of the Services provided by the Company, the Company may facilitate purchasing of various services through the Application. You shall be entitled to purchase/ obtain such products/ Services provided You remain a customer of the Company. The various products/ Services purchased by You or information shared for any such transaction shall be governed by and subject to the terms, conditions, and exclusions, limitations thereof as per the guidelines issued by the relevant regulator, such as the Reserve Bank of India, Insurance Regulatory and Development Authority of India, etc.
Prices for Services available on the Application are incorporated into these Terms of Use by reference. All prices, whether specified or not, are in Indian Rupees. The prices and Services offered by the Company are determined by the Company at the Company’s sole discretion. You further undertake that by initiating a transaction, You are entering into a legally binding and enforceable contract with the Company, to purchase the products or avail the Services using such payment facilities as may be permitted by applicable law and as may be accepted by the Company.
The Company does not charge any registration/membership or browsing fee. However, the Company reserves the absolute right to charge any fee for registration/ membership or browsing fee at any time. All such fees that the Company may charge will be intimated to the Users and such charge shall automatically become effective immediately after they are posted on the Application. 
The Company may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between You and the Company. The Company shall initiate remittance of the payments made by You and the date of completion of transaction shall be undertaken after the Services are rendered to You or such other time as may be specified by the Company. 
While availing any of the payment method/s available on the Application, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
·  Lack of authorization for any transaction/s;
·  Any payment issues arising out of the transaction;
·  Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a You;
·  Decline of transaction for any other reason(s).
Notwithstanding anything contained herein, the Company reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of You/ Your transaction.
The Company merely acts as a facilitator for providing You with payment channels through automated online electronic payments (either itself or through its payment gateway service providers), cash on delivery, collection and remittance facility for the payment of products purchased by the User on the Application using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Application or Service providers). In addition to these Terms of Use, the terms and conditions of the payment gateways, banks or other financial institutions shall also be applicable to every Service recipient. The Application disclaims any liability arising out of declining of payment by the relevant bank or financial institution.
In no event shall the Company be liable to You for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any acts and/ or omissions of the Company whether or not You are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law in the applicable jurisdiction.
In no event shall the aggregate liability of the Company, or any of the above-referenced respective parties, arising from or relating to the Application, and/or submitted content exceed the total amount of fee/ commission actually paid to Company by You for availing any Services on the Application.
You agree that Your use of the Application shall be at Your own risk. To the fullest extent permitted by law, the Company disclaims all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this Application, the Services offered on or through this Application, any data, materials, Submitted Content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this Application, including without limitation the materials, data and Submitted Content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Application, the Services offered on or through this Application, data, materials, Submitted Content, and any information or material contained or presented on this Application is provided to You on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of Third-Party rights. The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the Application or Submitted Content, any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Application by any third party, any interruption or cessation of transmission to or from the Application, any defamatory, offensive, or illegal conduct of any third party(ies) or Service user or Service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the Application or submitted content posted, emailed, transmitted, or otherwise made available via the Application.
You agree to defend, indemnify and hold harmless the Company and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, consultants and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) Your use of, access to, and participation in the Application; (ii) Your violation of any provision of the Terms of Use, including the Privacy Policy as well as any other terms published by the Company from time to time; (iii) Your violation of any third party(ies) rights, including any property, proprietary, intellectual property, or privacy right or any third party claims; (iv) or any claim that Your Submitted Content caused damage to third party(ies); (v) repercussions from periodic software updates and patches; or (vii) any other indemnification as provided and agreed in the Terms of Use. This indemnification obligation will survive these terms of service and Your use of the Application.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction
The Company shall be not liable for any delay or failure in performance under the Terms of Use, along with any form of payment obligations, arising out of reasons beyond its control and without its fault or negligence. Such causes may include, but are not limited to, fires, floods, earthquakes, pandemic, epidemic, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
(a) Modification Or Cessation Of Application
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice and in its sole discretion. The Company further reserves the right for periodic software updates and patches that will be provided by the Company and the User shall be obligated to take note of and comply with the same and indemnify the Company from any repercussions thereafter. 
You agree that the Company shall not be liable to You or to any third party(ies) for any modification, suspension or discontinuance of the Company services, including slowing down of the Application or bugs or technical glitches or periodic software patches, etc. 
(b) Termination By The Company
You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate Your Account, block Your email or IP address or otherwise terminate Your access to or participation in the use of the Application (or any part thereof), or remove and discard any Submitted Content on the Application (“Termination of Service”), immediately and without notice, for any reason, including without limitation, account inactivity for over 60 (sixty) days or if the Company believes or has reason to believe that You have violated any provision of the Terms of Use. 
(c) Effect of termination
In the event of termination of Service, Your Account will be disabled and You may not be granted access to Your Account or any files or other data contained in Your Account. All points earned or vouchers won until the date of termination shall automatically expire. Notwithstanding the foregoing, residual data may remain in the Company system.

Upon termination of Service, the following shall occur: (i) all licenses granted to You hereunder will immediately terminate; and (ii) You shall promptly destroy all copies of any information belonging to the Company and any other content in Your possession or control, to the satisfaction of the Company. You further acknowledge and agree that the Company shall not be liable to You or any third party(ies) for any termination of Your access to the Application. Upon Termination of Service, the Company retains the right to use any data collected from Your use of the Application for internal analysis and archival purposes, and all related licenses You have granted to the Company hereunder shall remain in effect for the foregoing purpose in perpetuity. In no event is the Company obligated to return any Submitted Content to You. 
The content on the Application (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) as well as patents, inventions, algorithms, designs copyrights, trademarks, service mark (and logos contained therein), domain names, trade secrets, know-how, including, but not limited to, source code, research, product plans, products, pricing, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise (“Marks”), are owned by/ licensed in favour of the Company. 
Data on the Application is provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Application and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Application for any commercial purposes. If You download or print a copy of the Data for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Application or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Application or the Data therein.
The Application may contain Company’s Data and Marks as well as Data and Marks of other users or licensors, which You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell. 
Any and all intellectual property shared by the Company with You shall remain the sole property of the Company. You agree and undertake not to set up an adverse claim against the Company or in any manner challenge the Company’s proprietary rights in and to the intellectual property (including, without limitation, any trademarks, trade names, brand, logos, copyright, etc.) or any other rights either during the currency of this Agreement or at any time thereafter, anywhere in the world.
(a) Company Not A Party
Each registered User hereby acknowledges and agrees that the Company is not a party to any dispute between Users, directly or indirectly. Each User acknowledges, agrees and understands that the Company is adopting a transparent system in providing Services through the Service providers to the Service Recipients and therefore, any involvement of the Company in the same will not be present. The Users understand that the Company only provides a platform to the Users and has not actual role in the rendition of Services. 
All communication which, inter alia, include the texts, logos, images, sounds, data, information, software, or videos, their uploading, voting, selection, etc. are outcomes of independent and transparent processes. The Company does not have any control over such information and plays no determinative role in the finalization of the same and hence does not stand liable in any manner.
(b) Governing Law And Dispute Resolution
The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of these Terms of Use will occur exclusively in the courts located in Mumbai, India.
If a dispute arises between You and the Company, Our goal is to provide You with neutral and cost-effective means of resolving the dispute quickly. Accordingly, You and the Company hereby agree that we will resolve any claim or controversy at law and equity that arises out of or in relation to the Terms of Use, the Privacy Policy or the Application will be resolved in accordance with the provisions contained herein. Prior to resorting to formal ways of dispute resolution, we strongly encourage You to first contact the Company directly to seek a resolution as per the grievance redressal procedure set out hereinbelow.
If not resolved with the Company, any further dispute shall be settled amicably by the Parties within 30 (thirty) calendar days of the receipt of the notice of the existence of a dispute. In the event any dispute cannot be resolved within 30 (thirty) calendar days from notice of the dispute, either party may refer the dispute to be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 and the rules framed thereunder, as amended from time to time. The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by the parties. The venue and seat of arbitration shall be Mumbai, India and the arbitration proceedings shall be conducted in English language.
(a) No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third party(ies) beneficiaries to the Terms of Use. Kindly note that the videos that a minor or any other person will upload on the Application on behalf of the User shall be done through the User’s Login ID and credentials and will, at all times, be controlled by the User. 
(b) Severability
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
(c) Waiver
No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
(d) Entire Agreement
These Terms of Use read with the Privacy Policy and other specific service or other agreements entered into with You (if any), constitute the entire agreement between You and the Company and govern Your use of the Application, superseding any prior agreements between You and the Company with respect to the Application. 
(e) Contact Information
Any feedback or comments about these Terms of Use is welcome and can be sent to the grievance officer mentioned below. We will employ all reasonable efforts to address the same.

Grievance Officer: In accordance with Information Technology Act, 2000 and rules made there under, as amended from time to time, the name and contact details of the grievance officer are as follows:
Name: Mr. Meet Semlani  
Email: meet@tartanhq.com
Mobile no.: +91-8080813042
Address: Weworks, HD-015, Floor-2, Plot -264/265, Dr. Annie Besant Road, Worli Colony, Mumbai-400030
Process of Grievance Redressal: Any person having a grievance regarding Submitted Content published by either a Service provider or Service Recipient, in relation to the Terms of Use may furnish the grievance, at any time, to the above-mentioned personnel.  An acknowledgement of the grievance will be issued and generated by the Company for the benefit of the complainant within 24 hours of it being furnished for information and record. The manner of grievance redressal shall have the following arrangement:
·   The Company shall address the grievance and inform the complainant of its decision within 15 days of the registration of the grievance;
·   If the decision of the publisher is not communicated to the complainant within the stipulated 15 days, the grievance shall be escalated to the Board of Directors of the Company, which shall conduct the Board meeting for redressing grievance of the Company.