These General Terms of Service ("General Terms") constitute a legally binding agreement between you ("you," "your") and ("Skyblue E Business Pvt Ltd," "we," "our" or "us") and govern your use of Skyblue E Business Pvt Ltd's products, services, and online content (collectively, "the Services"). If you are utilizing the Services on behalf of an organization, that organization accepts these terms. Using any of the Services, you agree to these General Terms and any policies ("Policies"), including those that restrict our responsibility and mandate individual arbitration for any potential legal dispute. You also agree to the following Additional Terms, which constitute a part of your agreement with us: You should carefully review all of our terms.
REGISTRATION
The only way to access our services is to register for an account with "Skyblue E Business Pvt Ltd Account". We will request your name and other personal information throughout the registration process. You must supply correct, comprehensive, and up-to-date information in response to our queries. You are solely liable for any and all activity under your Skyblue E Business Pvt Ltd Account, including any acts committed by others to whom you have authorized access to your Skyblue E Business Pvt Ltd Account. We retain the right to suspend or cancel the account of any user who gives incorrect, false, or incomplete information or fails to comply with the account registration conditions.
CHANGES & TERMINATION
We reserve the right to modify the General Terms, any Additional Terms, and our Policies at any time with fair notice by publishing the amended version on our website or communicating it to you through the Services (each a "Revised Version"). The Revised Version will become effective upon posting but will not apply retrospectively. Your continuing use of the Services following the publication of a Revised Version indicates your acceptance of the Revised Version. Any Dispute (as defined in Section 20) that originated before the modifications shall be governed by the Terms, Additional Terms, and Policies in effect at the time the Dispute arose.
We can also terminate these General Terms or any Additional Terms and suspend or terminate your Skyblue E Business Pvt Ltd Account or your access to any Service at any time and for any reason. We will notify you of account termination through email or the next time you attempt to access your Skyblue E Business Pvt Ltd account. In addition, you may terminate the General Terms and Additional Terms applicable to your Skyblue E Business Pvt Ltd Account at any time by deactivating your Skyblue E Business Pvt Ltd Account.
RESTRICTIONS
You may not, nor may you authorize any other person to export the Services, which may be subject to export restrictions imposed by Indian law; access or monitor any material or information on any Skyblue E Business Pvt Ltd system using any manual process or robot, spider, scraper, or other automated means; except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service; or attempt to work around, bypass, or circumvent any of the technical limitations of the Services, us, or any third party.
You grant us express permission to disclose information about you, your Skyblue E Business Pvt Ltd Account, and any of your transactions with any and all law enforcement authorities if we have cause to believe that your Skyblue E Business Pvt Ltd Account has been used for an unauthorized, unlawful, or illegal purpose.
THIRD-PARTY CARRIERS
The Services are not guaranteed to be compatible with your mobile device or service provider. Your usage of the Services may be governed by the terms of your agreements with the maker of your mobile device or your service provider. You may not use a modified device to access the Services if the change violates the manufacturer's software or hardware specifications, including removing hardware or software controls (sometimes known as "jailbreaking").
YOUR CONTENT
The Services may offer the capability for uploading or distributing photographs, logos, goods, loyalty programmes, promotions, ads, and other materials or data ("Content").
You maintain ownership of all rights to your Content, subject to the rights you gave us in these General Terms. You grant our subsidiaries, affiliates, and successors and us a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content in any medium to provide and promote the Services. You may change or remove your Content via your Skyblue E Business Pvt Ltd Account or by terminating your Skyblue E Business Pvt Ltd Account; nevertheless, your Content may remain in historical, archived, or cached copies, and versions thereof are accessible via or via the Services.
You shall not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would constitute a criminal offence or give rise to civil liability; (c) violates any duty toward or rights of any.
COPYRIGHT AND TRADEMARK POLICY
We expect you to respect the intellectual property and trademark rights of others. We have implemented a Copyright & Trademark Policy with regard to concerns that third-party content violates the copyrights or trademarks of others. We react to all genuine allegations of copyright and trademark violations, and it is our policy to suspend or terminate the access privileges of individuals who violate the copyrights and trademarks of others.
SECURITY
We have taken technological and organizational safeguards to protect your personal information against accidental loss and unauthorized access, use, modification, or disclosure. However, we cannot guarantee that unauthorized third parties will ever be able to circumvent these precautions or use your personal information for inappropriate reasons. It is your responsibility to protect your personal information.
You are responsible for keeping your password secure and limiting access to the Services from your compatible mobile devices and computer (s). You shall promptly alert us of any unauthorized use of your password, Skyblue E Business Pvt Ltd Account, or any other security violation. Regardless of Sections 20 and 21, in the case of a disagreement between two or more parties regarding account ownership, we shall arbitrate the matter at our sole discretion. Our decision (which may include termination or suspension of any Skyblue E Business Pvt Ltd Account that is the subject of a dispute) will be final and binding on all parties.
INTERACTIONS
You agree to accept and receive communications from us, including e-mail, text messages, calls, and push notifications, to the cellular telephone number you give when you sign up for a Skyblue E Business Pvt Ltd account or amend your account's contact information. These messages may include but are not limited to requests for secondary authentication, receipts, reminders, updates to your account or account support alerts, and marketing or promotional e-mails. You recognize that consenting to receive promotional texts or calls is not a requirement for utilizing the Services. It is possible to initiate calls and text messages using automatic telephone dialling systems. You may receive text messages at the standard rates charged by your cellular service provider.
You may opt out of getting promotional e-mails from us by using the unsubscribe links included in such e-mails. You agree that declining to receive messages may impact your ability to utilize the Services.
OWNERSHIP
We reserve any rights not expressly given to you in these General Terms. We hold all rights, title, interest, copyright, and other worldwide Intellectual Property Rights (as defined below) pertaining to the Services and any copies of the Services. Trademarks and service marks owned by us are not included in this Agreement.
For these General Terms, "Intellectual Property Rights" refers to all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, and all applications, registrations, renewals, and extensions of any intellectual property rights that may exist today or in the future, regardless of whether they are in a state, country, territory, or other legal jurisdiction.
You may make suggestions or comments concerning the Services ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it does not place us under any fiduciary, confidentiality, or other obligation, and that we are free to use the Idea without further compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
INDEMNITY
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of India, Singapore or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
REPRESENTATIONS
You affirm and warrant that:
- You are at least eighteen (18) years old;
- You are entitled to register and use the Services, and you have the right, authority, and capacity to engage into and comply with these General Terms;
- Any information you supply in relation to the Services, including your business name, correctly and truthfully represents your company or personal identity under which you offer products or services;
- You and your business will comply with all federal, state, and local laws, rules, and regulations, including the Health Insurance Portability and Accountability Act (HIPAA);
- You will not use the Services, directly or indirectly, for any fraudulent activity or in any way that interferes with their functioning; and
- Your usage of the Services shall comply with these Terms of Service and any relevant Additional Terms.
LIMITATION
Skyblue E Business Pvt Ltd shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of, inability to use, or unavailability of the service. In no event will Skyblue E Business Pvt Ltd be responsible for any loss or damage that was not reasonably foreseeable.
You agree that Skyblue E Business Pvt Ltd will not be responsible for any damage, loss, or injury resulting from hacking, tampering, or any other unauthorized access to or use of the services or your account or any information contained within it.
This clause applies whether the asserted obligation is based on contract, tort, negligence, strict liability, or any other basis, even if Skyblue E Business Pvt Ltd has been warned of the potential of such damages. The preceding limitation of liability applies to the maximum extent permissible by law in the relevant jurisdiction.
DISPUTES
"Disputes" refers to any claim, controversy, or dispute between you and Skyblue E Business Pvt Ltd, its processors, suppliers, or licensors (or their respective affiliates, agents, directors, or employees), including claims relating in any way to these General Terms, any Additional Terms, the Services, or any other aspect of our relationship.
ARBITRATION AGREEMENT
You and Skyblue E Business Pvt Ltd agree to have any and all Disputes arbitrated by a neutral arbitrator with the same ability to award damages and relief as a court. Class arbitrations, class actions, private attorney general proceedings, representative actions, and consolidation with other arbitrations are not permissible under these terms and conditions. You waive any right to a jury trial and any right to participate in a class action against the defendant Skyblue E Business Pvt Ltd. If any element of this arbitration agreement is unenforceable, that section will be severed, and the remaining arbitration rules will be enforced (but in no case will there be a class or representative arbitration). All Disputes shall be decided conclusively and solely by binding individual arbitration presided over by a single arbitrator.
Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may choose to pursue their claims in small-claims court rather than through arbitration, provided that they remain in small-claims court and they proceed individually (not collectively). If you are a consumer submitting a claim for personal, home, or family usage, the arbitration hearing will occur in Tamil Nadu. Otherwise, any arbitration hearing shall occur at (state court) or another site mutually agreed upon by the parties.
The arbitrator's decision is conclusive and may be entered as a judgment in any court of competent jurisdiction. Individual arbitrations brought in compliance with this clause shall be subject to the India Arbitration Act and Association's arbitration fees. If you won on a matter for which you have a legal right to attorney's fees, you might seek reimbursement from the arbitrator. Unless the arbitrator concludes that your claim was frivolous, we will not seek attorney's fees for any claim you seek relief, even if such fees would normally be granted. For this arbitration clause, references to you and Skyblue E Business Pvt Ltd include your respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns, as well as authorized users or beneficiaries of the Services. You accept that any legal procedures (except small claims actions in consumer disputes) shall be brought in, and you submit to the exclusive jurisdiction and venue of the state courts of Tamil Nadu.
GOVERNED BY
The parties agree to be governed by the laws and regulations of Tamil Nadu and to submit to the jurisdiction of the Arbitration Act governing agreements executed within Tamil Nadu without giving consideration to any principles of choice of law or conflict of laws.
You must commence any action or proceeding related to the Dispute within one year of the accrual of the claim.
LINKS TO OTHER SITES
You may be offered services, goods, and promotions made available by third parties and not Skyblue E Business Pvt Ltd ("Third Party Services"). If you want to utilise Third-Party Services, you are responsible for evaluating and understanding their terms and conditions. We aren't usually the ones that handle the performance of Third Party Services. The Services may contain connections to external websites. A hyperlink does not indicate permission, endorsement, or suggestion Skyblue E Business Pvt Ltd. Our Terms and Conditions do not control such websites. You access such a website at your own risk. We specifically disclaim all responsibility for these websites. When you utilize a link to navigate from the Services to a third-party website, our Privacy Statement is no longer in force. Your browsing and interaction on a third-party website, including those that have a link on the Services, is subject to that website's terms, rules, and policies.
OTHER PROVISIONS
These General Terms and any applicable Additional Terms and Policies constitute the entire agreement between you and Skyblue E Business Pvt Ltd about the Services. In the case of a disagreement between these General Terms and any other Skyblue E Business Pvt Ltd agreement or Policy, these General Terms shall dominate and prevail concerning the subject matter of such conflict. Suppose any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law. That provision will be changed and interpreted to achieve its objectives to the greatest extent possible under applicable law. There will be no change to the remaining provisions. These General Terms do not restrict any rights under trade secrets, copyright, patent, or other laws. No waiver of these General Terms shall constitute a subsequent or continuing waiver of such or any other term.