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By accessing and visiting this website, you confirm that you have carefully read and comprehended the following terms and conditions (“customer terms or “terms”).

Please make sure to thoroughly understand all of these customer terms before you begin using the website, as your usage will be governed by these customer terms.

These customer terms establish a legally binding agreement ("agreement") between the users of the website (referred to as "you," "yourself," "user," or "customers") and Baat Global ("company"), Both you and Baat Global are individually referred to as a "party" and collectively as the "parties."

If you do not agree with any of these customer terms, it is imperative that you immediately stop accessing and using the website and the services provided under these customer terms. By accepting these customer terms, you enter into a binding agreement with Baat Global regarding your use of the website and/or subscription to the available services.

BACKGROUND

The company owns and operates the website and the application called 'Baat,' which is mentioned or connected herewith. Through this website/application, the company offers its users a simple and reliable way to connect with friends nearby or around the world. The company's services enable users to send free text, voice, video, photo messages, and stickers to their friends. It is designed to be an enjoyable place to visit, and the company prioritizes maintaining a safe and friendly environment for all users. In this regard, you agree to use the services in a manner consistent with their intended purpose and in accordance with these terms.

THE PARTIES AGREE AS FOLLOWS

1.DEFINITIONS AND INTERPRETATION

1.1 Unless the context requires otherwise, the capitalized terms used in these customer terms carry the following meanings:

1.1.1 "Account" refers to the account created by you on the website and/or application to access the services.

1.1.2 "Affiliate" means another company or entity directly or indirectly controlled by, controlling, or under common control with the entity, as defined in this context. Control refers to the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity through voting rights or through the exercise of rights pursuant to an agreement. It also encompasses the possession, directly or indirectly, of the power to direct or influence the management or policies of the entity.

1.1.3 "Applicable Laws" encompass all relevant laws, including common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, industry-specific statutory rules, mandatory codes, guidelines, writs, orders, injunctions, and judgments applicable in any jurisdiction.

1.1.4 "Application" refers to various features of the "Baat" mobile application or other programs, software, mobile applications owned or licensed by the company. It also includes other specified URLs as determined by the company from time to time. The Application encompasses the electronic interface where the Subscriber account can be accessed, and the login credentials (user ID and password) are provided by the company.

1.1.5 "Area of Operation" signifies the territory of India, where you accept these customer terms.

1.1.6 "Business Day" means any day excluding Sundays or public holidays in the Area of Operation.

1.1.7 ”Customer Content” pertains to the images, sounds, videos, data, text, information, or any other materials or content created, uploaded, published, or propagated by the user through the company's services.

1.1.8 “Force Majeure” holds the meaning ascribed in Clause 15.1.

1.1.9 “Company” refers to Baat Global, as described in the "Parties" section on the front page of these customer terms.

1.1.10 “Linked sites” denotes the links used within the services to redirect users to other websites or services. These links are provided solely for the convenience of the users.

1.1.11 “Subscriber” signifies the user as described in the "Parties" section on the front page of these customer terms.

1.1.12 “Prohibited Content” refers to the images, sounds, videos, data, text, information, or any other materials or content (”Content”) that: (a) violates any rule, law, regulation, or policy; (b) jeopardizes national interests, national security, or discloses national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines stability; (e) contains obscenity, sexual connotations, pornography, gambling, violence, murder, or terror; (f) insults, defames others, or infringes upon others' lawful rights and interests; or (g) contains abusive or threatening information.

1.1.13 “Privacy Policy” signifies the privacy policy available on the website, subject to amendments made by the company from time to time.

1.1.14 “Permitted Information” refers to voluntary information provided by the user, such as name, username, address, etc., during the registration process on the website and/or application.

1.1.15 “Registration Data” encompasses the subscriber's name, email address, telephone number, and other information (including personal data) provided to the company for registration on the website and/or application.

1.1.16 “Services” denotes the technology services provided by the company or its affiliates, such as "Baat" or other applications/services operated by Baat Global and its affiliates.

1.1.17 “Virtual Items” refer to any form of virtual currency (as updated by the company on its website/application) that enables the user to purchase, use, and engage in services offered on the company's app/website. These virtual items can be bought, used, redeemed, and/or purchased through the website/application or through the company's affiliate third-party service providers.

1.1.18 “You / Your” refers to you, the user and subscriber of the website and the services.

2. INTERPRETATION

2.1 Unless otherwise specified, the following interpretations apply to these Customer Terms:

2.1.1 The singular form includes the plural, and vice versa.

2.1.2 Phrases such as 'such as', 'for example', 'including', 'particularly', and similar expressions should not be considered as limiting words.

2.1.3 When a specific period of time is mentioned, it should be calculated excluding the day of the event or act from which the time is calculated, as well as any references to singular or plural.

2.1.4 The time of day referred to is based on the local time in the relevant operating area.

2.1.5 If a period of time is calculated from a specific day, act, or event (such as giving a notice), that particular day or the day of the act/event should be excluded from the calculation.

2.1.6 No rule of interpretation should be applied to the disadvantage of any party solely because that party was responsible for preparing these Customer Terms or any part thereof.

3. REGISTRATION AND USAGE

3.1 Authorized Users. Your access and use of the company's Services are subject to all applicable international, federal, state, and local laws and regulations. You represent and warrant that you will not engage in any unlawful or prohibited activities when using the Service, as outlined in this Agreement.

3.2 The Services are intended for users who are 18 years of age or older. If you are under 18 years old, please refrain from using these Services.

3.3 To access and use the Website, Subscription Services, and Services, make sure to use an authorized telephonic or internet network. Please note that standard messaging charges, data charges, and/or voice charges (as applicable) may be imposed by your Device provider, and you are responsible for covering those charges.

3.4 You are solely responsible for maintaining the confidentiality of your Registration Data and Application login credentials. You will be held liable for any activities, transactions, or misuse of the Application that occur through your Account, unless such events are caused or contributed to by the Company.

3.5 In case you cannot access your Account, or if you become aware of or suspect any unauthorized access or use of your Registration Data, login details, or Account, or if the security of your Account has been compromised in any way, it is your responsibility to notify the Company immediately.

3.6 The Company and/or any Third-Party Service Providers may suspend access and Service subscriptions if:

3.6.1 The Registration Data or any other information provided by you is false or if you no longer meet the Eligibility Requirements.

3.6.2 The security of your Account has been compromised in any way

3.6.3 You have not complied with any of the requirements stated in this clause.

3.7 The Company and/or any Third-Party Service Providers may block, suspend, alter, or update the Website, Streaming Services, and/or the Services at any time (including without notice) for the following reasons:

3.7.1 To improve the Website, Booking Services, and/or the Services (including enhancing security).

3.7.2 To comply with Applicable Law.

3.7.3 To protect legitimate business interests.

4. SPECIFIC FEATURES AND ADDITIONAL SERVICES.

4.1 While using the company's services, you may come across additional guidelines and/or terms and conditions (referred to as “Guidelines”) specific to certain services and features. These Guidelines may be posted periodically on the platform.

4.2 All such Guidelines are incorporated into these Terms and Conditions of use. Furthermore, your usage of the services is also governed by the Company's Privacy Policy, which is incorporated by reference into these Terms and Conditions. By using the services, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy.

5. LIMITED LICENSE

5.1 Baat Global grants you a limited, revocable, non-transferable, non-exclusive, and non-sublicensable license to use its website/application and related services (including all provided updates and/or upgrades), subject to the terms and conditions stated herein.

5.2 This license is granted solely for private and non-commercial purposes. It is contingent upon your adherence to these Terms and Conditions, Privacy Policy, and any additional guidelines updated by the Company.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 The Website and all associated intellectual property rights (“IP”) remain the property of the Company or its third-party licensors. Unless expressly stated, these Customer Terms do not grant you any rights related to the IP. All rights not explicitly granted to you are reserved by the Company.

6.2 The website/application and other related services are owned and operated by the company. The Company Materials provided, including content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Services, are protected under relevant Copyright, Trademark, Patent laws/statutes, international conventions, and other applicable intellectual property regulations.

6.3 All Company Materials on the website/application are copyrighted property of Baat Global, affiliated companies, and/or third-party licensors.

6.4 The Company Materials do not include any User/Customer Content or content from third-party sites, even if the company's website/application provides links to access such content.

6.5 You must refrain from:

6.5.1 Copying, reproducing, modifying, creating derivative works of, decompiling, reverse engineering, or attempting to derive the composition, underlying information, structure, or ideas of any IP.

6.5.2 Breaching, disabling, tampering with, or developing or using (or attempting) any workaround for any security measure provided on the website and/or Application.

6.5.3 Using any IP in a manner that infringes or misappropriates a third party's intellectual property rights or moral rights.

6.5.4 Distributing, disclosing, or allowing the use of any IP by any third party through any format, timesharing service, service bureau, network, or any other means.

6.5.5 Merging or combining any IP with any other technology not provided by the Company, or removing any proprietary notice language on any copies of any IP.

6.6 You are solely responsible for any Customer Content posted or transmitted through the Website and/or Application or Device. Customer Content includes notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or any other material(s) or information.

6.7 Ensure that your Content is lawful and does not infringe any third party's rights, including intellectual property rights. Additionally, you must not:

6.7.1 Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful material or information. This includes any material related to or encouraging money laundering or gambling.

6.7.2 Upload files that contain software or other materials protected by intellectual property laws or rights of privacy or publicity unless you own or control the rights or have obtained necessary consents.

6.7.3 Upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device.

6.7.4 Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such a manner.

6.7.5 Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in an uploaded file.

6.7.6 Deceive or mislead the addressee about the origin of a message or communicate any information that is grossly offensive or menacing in nature.

6.7.7 Harvest or collect information about others, including email addresses, without their consent.

7. USER CONTENT

7.1 Prohibited Content. You are prohibited from using the company's services to create, upload, download, copy, publish, or spread any images, sounds, videos, data, text, information, or other materials (referred to as “Content”) that: (a) violate any laws, rules, regulations, or policies; (b) pose a threat to national interests, national security, or the disclosure of national secrets; (c) incite racial or ethnic discrimination or hatred; (d) undermine stability; (e) contain obscenity, sexual references, pornography, gambling, violence, murder, or terrorism; (f) insult, defame, or infringe upon the lawful rights and interests of others; or (g) contain abusive or threatening information.

7.2 License to User Content. By uploading or publishing any Content to the company's services (referred to as “Your Content”), you grant the company a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform, and publicly display Your Content in any format or medium now known or later developed for any purpose. Baat Global may use customer/user content on the website/mobile application and in other products or services at its sole discretion. The company can also transfer the license or authorization to use such information and content to its related companies and partners, again at their sole discretion, without requiring user consent.

7.3 The Company reserves the right to display advertisements, promotional materials, and sponsorships in connection with User/Customer Content. (Note: You are not entitled to any payment or other compensation for the Company's use of Your Content).

7.4 The company has the right, at its sole discretion and without notice to you, to remove Your Content if it infringes upon the rights and interests of others. Furthermore, the company has the right to suspend or terminate a user's access to the services if it violates copyright law or other intellectual property laws.

7.5 You are solely responsible for any and all liabilities and damages arising from any claims made by third parties regarding Customer/User Content. You shall compensate the Company for all losses and damages incurred, including but not limited to economic and business losses.

7.6 Unless required by applicable laws, you should not send any confidential or proprietary information to the Company, even if it falls under the 'Permitted Information' (as defined in clause 1.1.12) already submitted by you.

7.7 While the Company handles your personal information in accordance with the existing Privacy Policy, none of Your Content will be considered confidential or proprietary.

8. USER OBLIGATIONS.

8.1 Restrictions: As a prerequisite for using the Service, you agree not to use the Services for any unlawful or prohibited purpose as stated in these Terms and Conditions.

8.2 Accessing the Company Materials and connected services from territories where such access is illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations, and policies, including but not limited to those related to intellectual property rights, the internet, technology, data, email, and privacy.

8.3 Using any of the Company Materials for purposes other than those permitted herein is prohibited.

8.4 You shall not use the company's service in any manner that, in our sole discretion, could damage, disable, overburden, impair, or interfere with any other party's use of the Service.

8.5 You shall not take any action that imposes an unreasonable or disproportionately large load on the company's infrastructure.

8.6 You shall not intentionally interfere with or damage the operation of the company's services or disrupt users' enjoyment of it, using any means, including uploading or disseminating viruses, worms, or other malicious code.

8.7 You shall not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the company's services, features that prevent or restrict the use or copying of any accessible content, or features that enforce limitations on the use of the company's services.

8.8 You shall not attempt to gain unauthorized access to the company's services, any part of it, other accounts, computer systems, or networks connected to it or any part of it, whether through hacking, password mining, or any other means. Furthermore, you shall not attempt to interfere or disrupt the proper functioning of the company's service and/or the activities conducted on it.

8.9 You shall not obtain or attempt to obtain any materials or information through any means that are not intentionally made available by the company. You agree not to modify the company's services in any manner or form, nor to use modified versions of the company's services, including (but not limited to) unauthorized access attempts.

8.10 The company's services may include an auto-reply function. You agree not to use any robot, spider, scraper, or other automated means to access or bypass the company's services for any purpose without our express written permission.

8.11 You shall not employ framing techniques to enclose any trademark, logo, or other company materials without our express written consent.

8.12 You shall not use any meta tags or other 'hidden text' utilizing the company's name or trademarks without our express written consent.

8.13 You shall not deep-link to the company's services and shall remove any objectionable links at the company's sole discretion. You shall not use our logos, graphics, or trademarks as part of a link without our express written consent.

8.14 You shall not send junk mail to other users of the service, including but not limited to unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

8.15 You indemnify us against all losses we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

8.16 Representation and Warranty: You represent, warrant, and covenant that at all times: (i) Your Content is legal and does not infringe upon any third party's intellectual property rights, reputation, name, privacy rights, moral rights, or other lawful rights and interests; (ii) you either own or have the necessary licenses, rights, consents, and permissions for the use of Your Content; and (iii) you authorize the company to use Your Content for its purposes.

9. FEEDBACK

9.1 You are welcome to provide suggestions, comments, ideas, or know-how regarding our services, but it is not mandatory. We value your input and may consider it for the improvement of our company's services.

9.2 Any feedback you provide shall not be considered confidential information and can be used by our company for any purpose we deem fit.

9.3 There is no obligation on our part to provide compensation for the use of feedback you provide.

10. THIRD-PARTY SITES

10.1 For your convenience, the Service may contain links to other websites or services (“Linked Sites”).

10.2 We want to clarify that the inclusion of these Linked Sites does not imply our endorsement of them or the information, material, products, or services they offer. We do not provide any express or implied warranties regarding the content or services available through these Linked Sites.

10.3 It's important to note that accessing and using Linked Sites, including any information, material, products, or services obtained from them, is solely at your own risk.

10.4 Any correspondence, business dealings, participation, or engagement with advertisers or third parties found on or through our platform are solely between you and those advertisers or third parties. We are not responsible or liable for any loss or damage incurred as a result of such dealings or the presence of these advertisers on our website or platform.

10.5 We reserve the right to make changes to or discontinue any content or services available on our platform, website, or mobile application at any time without prior notice. Please note that the content or services may become outdated, and we do not commit to updating such materials.

11. REFUND POLICY

11.1 Once a successful payment is made and confirmed on our platform, we do not have a refund policy. By making a successful payment, you relinquish any rights to a refund of the membership/subscription fee paid or virtual currency purchased, unless required by law or ordered by a competent court or authority.

12. VIRTUAL ITEMS

12.1 Users have the option to purchase or acquire 'virtual items' that can be used or redeemed on our platform for activities such as playing, gifting items, and making in-app purchases.

12.2 These virtual items can be acquired through authorized payment gateway channels integrated with ''Google Play'' and/or the Google Play app store, or through third-party partners of Baat Global (a list of which will be updated on our website/mobile application).

12.3 Unless otherwise specified, and subject to clause 12, these virtual items can only be used and hold value within our company's website/mobile application and related services.

12.4 It is important to note that virtual items have no purchasing power, legal backing, or value in commercial or public markets.

12.5 As we adhere to a no refund policy (clause 12), once a successful transaction is completed, you forfeit any rights to a refund for the fee/money paid to acquire virtual items on our platform.

12.6 Virtual items can be used to purchase value-added services, items, tokens, and other services/items offered by our company on its platform, such as sending gifts and playing games. Specific price/virtual item-related information, exchange rates, and usage policies will be determined at our sole discretion and provided on our service interface.

12.7 Unless otherwise stated, virtual items may not be used for any other purpose, including conducting transactions with third parties or trading on third-party platforms not affiliated with our company. Any violation of this requirement absolves us of liability for any losses incurred by you or the third party. Furthermore, if your account is suspected of engaging in such suspicious activities, we reserve the right to suspend your account, and you will forfeit your rights over the virtual items until appropriate measures are taken in accordance with this agreement.

12.8 In the event of loss, account suspension, or freezing, you can recharge your virtual items through channels allowed by us (as per clause 13.2). The exchange rate between virtual items and legal currency may vary depending on the purchasing channel, and information regarding this will be displayed and regularly updated on our platform, website, or application.

12.9 You agree not to recharge or acquire virtual items through illegal or unauthorized channels. If you violate these rules and engage in illegal transactions on our interface to acquire virtual items, we cannot take responsibility for the transaction's success and cannot guarantee its outcome.

12.10 Under no circumstances can virtual items be exchanged for legal currency denominations, depository notes, or any other form of legal currency.

12.11 We will not be held responsible for any losses incurred due to your violation of clause 13, and we reserve the right to terminate or restrict your account, including your access to virtual items. We may also pursue legal action against you, both civil and criminal, for violating the terms and conditions of this agreement.

12.12 You are responsible for the security of your account. Please ensure careful account verification before recharging/using it on our platform. We will not provide compensation for any losses resulting from incorrect account input, improper operation, or a lack of understanding of the charging methods.

12.13 Unless regulated by applicable laws, all purchases of virtual items made through the service are considered final, non-refundable, and non-transferable under any circumstances. You are not allowed to request a refund or transfer the virtual items to other services or products.

12.14 We reserve the right to establish or modify rules related to virtual items and other transactions from time to time, taking various factors into account, including but not limited to transaction limits and the number of transactions.

12.15 Minors are not encouraged or permitted to use or purchase virtual items. If you are a minor, you should seek your guardian's express consent to operate the website/service on your behalf.

12.16 You are responsible for any losses incurred due to our inability to provide virtual currency services or issues related to providing virtual items caused by the following reasons:

12.16.1 Loss, suspension, or freezing of your account;

12.16.2 Unauthorized disclosure of your password to others;

12.16.3 Payment channel institution faults;

12.16.4 Intentional or gross negligence or violation of laws and regulations by other users;

12.16.5 Other reasons caused by yourself;

12.17 While using our services/application, you may receive virtual gains. As per the terms of this agreement, you are only allowed to use the virtual items on our company's platform. We hold the right to interpret virtual gains and related policy terms. We may adjust virtual gains policies from time to time without prior notice. You agree to be bound by the latest policies disclosed by us.

12.18 Under the following circumstances, we reserve the right to deduct your corresponding virtual gains:

12.18.1 If the recharge of virtual currency is deemed invalid by the bank, payment channel, or court;

12.18.2 Chargeback or refund initiated by the end user of this platform, subject to the decision of banks, payment gateways, courts, arbitration tribunals, or us;

12.18.3 The money used for recharge is considered illegal or improper gains, and we are required by the court or other institutions to refund;

12.18.4 Other circumstances that result in the virtual currency being returned or refunded.

12.19 In the event of any violation of this agreement, laws, or regulations by you, we reserve the right to temporarily or permanently suspend or freeze your account, deduct the remaining virtual items and virtual gains on your account partially or wholly, and not compensate for any losses or damages.

12.20 If you voluntarily cancel your account, your virtual items, virtual gains, virtual gifts, currency, etc., will be automatically forfeited. We will not refund the corresponding cash value or provide any compensation.

13. FORCE MAJEURE

13.1 Any delay or failure to perform obligations by a party under these Customer Terms shall not be considered a breach of these Customer Terms if caused by acts of government authorities, natural disasters, such as fire, flood, explosion, pandemic(s), riots, war, rebellion, insurrection, or any other event beyond the reasonable control of that party ('Force Majeure').

14. TERMINATION

14.1 These Customer Terms will remain in effect until terminated by the company in accordance with the terms outlined below.

14.2 The Company reserves the right to terminate these Terms without notice in the following circumstances:

14.2.1 To comply with any Applicable Law.

14.2.2 In the event of a breach of these Customer Terms and Conditions/Policies/guidelines by you.

14.3 You acknowledge that the Company, at its sole discretion, may terminate your account (or any part thereof). Additionally, the company retains the right to discontinue any aspect of the Service at any time, including the display of licensed content, linked or embedded content, etc.

14.4 The company is not responsible for the deletion, loss, or failure to store your content. You agree that your access to the Service or any account you may have, or a portion thereof, may be terminated without prior notice. Furthermore, you agree that the company will not be liable to you or any third party for such termination.

14.5 Any suspected fraudulent, abusive, or illegal activity that may warrant termination may be reported to the appropriate law enforcement authorities. These remedies are in addition to any other legal or equitable remedies available to the company.

15. DISCLAIMERS; NO WARRANTIES.

15.1 The company expressly disclaims all warranties and conditions, both express and implied, to the fullest extent permitted by applicable law. This includes but is not limited to warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third-party rights, and those arising from a course of dealing or usage of trade, regarding the services. The company does not guarantee that the services will meet your requirements or be uninterrupted, timely, secure, or error-free. The company does not warrant or represent the use or results obtained from the use of their services.

15.2 You acknowledge that the services may experience operating errors or defects, including but not limited to data loss, delays, non-deliveries, errors, system downtime, misdeliveries, network or system outages, file corruption, or service interruptions. Such events shall not constitute a breach of this or any other contract on the part of the company, even if caused by the negligence or gross negligence of the company or its affiliates, employees, agents, licensors, or subcontractors.

15.3 Some state laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply. In such cases, the company's liability will be limited to the extent permitted by law.

16. INDEMNIFICATION

16.1 You agree to indemnify and hold the company, its affiliated companies, suppliers, and partners harmless from any claims, losses, damages, liabilities (including attorney's fees), arising from your use or misuse of the Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants stated herein.

16.2 The company reserves the right, at its own expense, to assume exclusive defense and control of any matter for which you are required to indemnify the company. You agree to cooperate with the company in defending any such claims.

17. LIMITATION OF LIABILITY

17.1 Under no circumstances, including negligence, shall the company or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable to you for any special, indirect, incidental, consequential, or exemplary damages resulting from your use or inability to use the company materials or the service itself, or any other interactions with the company, even if the company or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. Therefore, the above limitation or exclusion may not apply to you. In such cases, the company's liability will be limited to the extent permitted by law.

17.2 In no event shall the company or its affiliates, contractors, employees, agents, or third-party partners or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of the company services (whether in contract, tort, warranty, or otherwise) exceed the amount already spent by a particular user on the platform.

17.3 These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than the company and received by you through or advertised on the company service or received by you through any links provided on the company service.

18. AMENDMENTS TO THESE CUSTOMER TERMS

18.1 The company may make amendments to these Customer Terms and will keep you informed of such changes.

18.2 We reserve the right to change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. It is your responsibility to stay updated with the latest Terms. By continuing to access and use the Website, you agree to be bound by the updated Terms.

18.3 We may change, suspend, discontinue, or restrict access to the Website without notice or liability.

18.4 These Terms were last updated on May 1, 2023.

19. MISCELLANEOUS

19.1 Waiver: Provisions of these Terms may only be waived by a written instrument executed by the party entitled to such provision's benefit. The failure of any party at any time to require performance of any provision of these Terms shall not affect such party's right to enforce the same at a later time. A waiver of any breach of any provision of these Terms shall not be deemed a continuing waiver of other breaches of the same or other provisions.

19.2 Assignment: The Company may assign, transfer, and subcontract its rights and obligations under these Terms without notification or consent. However, you are not permitted to assign, transfer, or subcontract any of your rights and obligations under these Terms.

19.3 Severability: If any provision is prohibited or unenforceable in any jurisdiction, it will be ineffective only to the extent of such prohibition or unenforceability in that jurisdiction, without invalidating the remaining provisions or affecting the validity or enforceability of that provision in any other jurisdiction.

19.4 No warranties: This Website is provided 'as is,' with all faults, and the company makes no express or implied representations or warranties of any kind related to this Website or the materials contained on it. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.

19.5 Cumulative Rights: Except where expressly stated otherwise in these Customer Terms, the rights, powers, or remedies of a Party under these Customer Terms are cumulative and do not exclude or limit any right, power, or remedy provided by law or equity.

20. Legal Jurisdictions:

The company is governed by and construed in accordance with the laws of India. Any dispute, controversy, difference, or claim arising out of or relating to this Agreement, including its existence, validity, interpretation, performance, breach, or termination, or any dispute regarding non-contractual obligations arising from it, shall be referred to and finally resolved by arbitration administered by the INDIA International Arbitration Centre ('IIAC') under the IIAC Administered Arbitration Rules in force at the time the Notice of Arbitration is submitted.