PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to Gravitykey Technologies Private Limited
(together with its affiliates, “Gravitykey”, "We", “Us", or the
"Company"). We are excited to have you as a user/provider and as a
customer. We’d like you to know that the following terms and conditions
(collectively, these "Terms of Service") apply to your use of
https://skedis.in (the “Site”), including all related web sites, downloadable
software, mobile applications (including tablet applications), and other
services provided by us, or any digital media on which a link to this Privacy
Policy is displayed, and all other communications with individuals though
written or oral means (such as email or phone) directed at accessing or using
any service we offer (together with the Site, the “Service”).The Terms of
Service also include our Privacy Policy, which you can review here: https://skedis.in/index.php?route=information/information&information_id=3
We want to keep our relationship with you as lean and
informal as possible, but please read the Terms of Service carefully before you
start using Skedis, because by using the Site you accept and agree to be bound
and abide by these Terms of Service. Should you disagree with some of the
provisions herein, you can either leave the Site (although we will be sad to
see you go!) or contact us at support@skedis.in. Please keep in mind
that this document is a legally binding agreement between you as the user and
provider of the Service (referred to as “you”, “your” or “User” hereinafter)
and the Company.
Terms of Service for
Skedis
- Application and Acceptance of the Terms:
- Your use of the Service, software and products is
subject to these Terms of Service as well as the Privacy Policy and any
other rules and policies of the Site that We may publish from time to
time. This document and such other rules and policies of the Site are
collectively referred to below as the “Terms”. By accessing the Site or
using the Service, you agree to accept and be bound by the Terms. Please
do not use the Service or the Site if you do not accept all the Terms.
- You may not use the Service and may not accept the
Terms if (a) you are not of legal age to form a binding contract with Us,
or (b) you are not permitted to receive any Service under the laws of the
Chennai, Tamilnadu, India and/or any other jurisdictions whose laws may
apply to your use of the Service.
- You acknowledge and agree that We may amend any
Terms at any time by posting the relevant amended and restated Terms on
the Site. By continuing to use the Service or the Site, you agree that the
amended Terms will apply to you.
- If Skedis has posted or provided a translation of
the English language version of the Terms, you agree that the translation
is provided for convenience only and that the English language version
will govern your uses of the Service or the Site
- You may be required to enter into a separate
agreement, whether online or offline, with Gravitykey Technologies Private
Limited or our affiliate for any Service (“Additional Agreements”). If
skedis.in has any conflict or inconsistency between the Terms and an
Additional Agreement, the Additional Agreement shall take precedence over
the Terms only in relation to that Service concerned. Specifically, if you
or your clients are in the European Economic Area or Switzerland, you are
required to enter into Gravitykey Technologies Private Limited’s
International Data Transfer Agreement, which implements model contractual
language promulgated by the European Commission and designed to, among
other things, protect the data privacy rights of European citizens.
- The Terms may not otherwise be modified except in
writing by an authorized officer of Gravitykey Technologies Private
Limited.
Provision of Service
- You must register as a member on the Site to access
and use some Service. Further, Gravitykey Technologies Private Limited
reserves the right, without prior notice, to restrict access to or use of
certain Service (or any features within the Service) to paying Users or
subject to other conditions that Gravitykey Technologies Private Limited
may impose in our discretion.
- Service (or any features within the Service) may
vary for different regions and countries. No warranty or representation is
given that a particular Service or feature or function thereof or the same
type and extent of the Service or features and functions thereof will be available
for Users. Gravitykey Technologies Private Limited may in our sole
discretion limit, deny or create different level of access to and use of
any Service (or any features within the Service) with respect to different
Users.
- Gravitykey Technologies Private Limited may launch,
change, upgrade, impose conditions to, suspend, or stop any Service (or
any features within the Service) without prior notice except that in case
of a fee-based Service, Users shall be notified no less than fourteen (14)
days prior to any change in such Service.
- Some Service may be provided by Gravitykey
Technologies Private Limited’s affiliates on behalf of Gravitykey
Technologies Private Limited.
Users in general
- As a condition of your access to and use of the Site
or Service, you agree that you will comply with all applicable laws and
regulations when using the Site or Service.
- You agree to use the Site or Service solely for your
own private and internal purposes as a licensee of the Site and Service.
Use of any content or materials on the Site for any purpose not expressly
permitted in the Terms is prohibited. In addition, you agree that:
- you will not copy, reproduce, download, re-publish,
sell, distribute or resell any Service or any information, text, images,
graphics, video clips, sound, directories, files, databases or listings,
etc., available on or through the Site (the “Site Content”).
- you will not copy, reproduce, download, compile or
otherwise use any Site Content for the purposes of operating a business
that competes with Gravitykey Technologies Private Limited, or otherwise
commercially exploit the Site Content; and
- you will not engage in any systematic retrieval of
Site Content from the Site to create or compile, directly or indirectly, a
collection, compilation, database or directory (whether through robots,
spiders, automatic devices or manual processes) without written permission
from Gravitykey Technologies Private Limited is prohibited
- You must read Gravitykey Technologies Private
Limited’s Privacy Policy that governs the protection and use of personal
information about Users in the possession of Gravitykey Technologies
Private Limited and our affiliates. You accept the terms of the Privacy
Policy and agree to the use of the personal information about you in accordance
with the Privacy Policy.
- Gravitykey Technologies Private Limited may allow
Users to access to content, products or services offered by third parties
through hyperlinks (in the form of word link, banners, channels or
otherwise), API or otherwise to such third parties' website. You should
read such websites’ terms and conditions and/or privacy policies before
using the Site. You acknowledge that Gravitykey Technologies Private
Limited has no control over such third parties' websites, does not monitor
such websites, and shall not be responsible or liable to anyone for such
websites, or any content, products or services made available on such
websites.
- You agree not to undertake any action to undermine
the integrity of the computer systems or networks of Gravitykey
Technologies Private Limited and/or any other User nor to gain
unauthorized access to such computer systems or networks.
- You agree not to undertake any action which may
undermine the integrity of Gravitykey Technologies Private Limited’s
feedback system, such as leaving positive feedback for yourself using
secondary Member IDs or through third parties or by leaving
unsubstantiated negative feedback for another User.
- You agree not to post any libelous, tortious,
infringing, or otherwise illegal content, information, or material on the
Site or through the Service. You further agree that posting such content,
information, or material may cause irreparable harm to Gravitykey
Technologies Private Limited or other Users of the Site, and you shall
indemnify Gravitykey Technologies Private Limited, its affiliates,
directors, employees, agents and representatives against any loss or
damages (including but not limited to loss of profits) resulting there from
Member Accounts
- A User who registers on the Site may also be
referred to as a “Member” herein. Upon registration, Gravitykey
Technologies Private Limited shall assign an account and issue a member ID
and password (the latter shall be chosen by a Member during registration)
to each Member.
- A set of Member ID and password is unique to a
single account. Each Member shall be solely responsible for maintaining
the confidentiality and security of such Member’s Member ID and password
and for all activities that occur under such Member’s account. No Member
may share, assign, or permit the use of his or her Member account, ID or
password by another person outside of the Member’s own business entity.
Each Member agrees to notify Gravitykey Technologies Private Limited
immediately if such Member becomes aware of any unauthorized use of his or
her password, her or his account, or any other breach of security of such
Member’s account.
- Member agrees that all activities that occur under
such Member’s account (including without limitation, posting any company
or product information, clicking to accept any Additional Agreements or
rules, subscribing to or making any payment for any services, sending
emails using the email account or sending SMS) will be deemed to have been
authorized by the Member.
- Member acknowledges that sharing of Member’s account
with other persons or allowing multiple users outside of Member’s business
entity to use Member’s account (collectively, "multiple use"),
may cause irreparable harm to Gravitykey Technologies Private Limited or
other Users of the Site. Member shall indemnify Gravitykey Technologies
Private Limited, our affiliates, directors, employees, agents and
representatives against any loss or damages (including but not limited to
loss of profits) suffered because of the multiple use of Member’s account.
Member also agrees that in case of the multiple use of Member’s account or
Member’s failure to maintain the security of Member’s account, Gravitykey
Technologies Private Limited shall not be liable for any loss or damages
arising therefrom and shall have the right to suspend or terminate
Member’s account without liability to Member.
Member’s Responsibilities
- Each Member represents, warrants, and agrees that
(a) you have full power and authority to accept the Terms, to grant the
license and authorization and to perform the obligations hereunder; (b)
you use the Site and Service for business purposes only; and (c) the Gravitykey
address you provide when registering is the principal place of business of
your business entity. For purposes of this provision, a branch or liaison
office will not be considered a separate entity and your principal place
of business will be deemed to be that of your head office.
- Member will be required to provide information or
material about your entity, business or products/services as part of the
registration process on the Site or your use of any Service or the member
account. Each Member represents, warrants and agrees that (a) such
information and material whether submitted during the registration process
or thereafter throughout the continuation of the use of the Site or
Service is true, accurate, current and complete, and (b) you will maintain
and promptly amend all information and material to keep it true, accurate,
current and complete.
- Upon becoming a Member, you consent to the inclusion
of the contact information about you in our Buyer Database and authorize
Gravitykey Technologies Private Limited and our affiliates to share the
contact information with other Users or otherwise use your personal
information in accordance with the Privacy Policy.
- Each Member represents, warrants, and agrees that
Member shall:
- carry on Member’s activities on
the Site in compliance with any applicable laws and regulations;
- conduct Member’s business
transactions with other users of the Site in good faith;
- carry on Member’s activities in
accordance with the Terms and any applicable Additional Agreements;
- not use the Service or Site to
defraud any person or entity (including without limitation sale of stolen
items, use of stolen credit/debit cards);
- not impersonate any person or
entity, misrepresent Member or Member’s affiliation with any person or
entity
- not engage in spamming or
phishing
- not engage in any other unlawful
activities (including without limitation those which would constitute a
criminal offence, give rise to civil liability, etc.) or encourage or
abet any unlawful activities.
- not involve attempts to copy,
reproduce, exploit, or expropriate Gravitykey Technologies Private
Limited’s various proprietary directories, databases, and listings.
- not involve any computer viruses
or other destructive devices and codes that have the effect of damaging,
interfering with, intercepting, or expropriating any software or hardware
system, data, or personal information
- not involve any scheme to
undermine the integrity of the data, systems or networks used by
Gravitykey Technologies Private Limited and/or any user of the Site or
gain unauthorized access to such data, systems or networks.
- not engage in any activities that
would otherwise create any liability for Gravitykey Technologies Private
Limited.
- Member may not use the Service and member account to
engage in activities which are identical or similar to Gravitykey
Technologies Private Limited’s scheduling and calendaring business. This
does not include virtual assistant services and similar services that use
Gravitykey Technologies Private Limited to manage scheduling for their own
clients.
- Member agrees to provide all necessary information, materials,
and approval, and render all reasonable assistance and cooperation
necessary for Gravitykey Technologies Private Limited’s provision of the
Service, evaluating whether Member has breached the Terms and/or handling
any complaint against the Member. If Member’s failure to do so results in
delay in, or suspension or termination of, the provision of any Service,
Gravitykey Technologies Private Limited shall not be obliged to extend the
relevant service period nor shall be liable for any loss or damages
arising from such delay, suspension, or termination.
- Member acknowledges and agrees that Gravitykey
Technologies Private Limited shall not be required to actively monitor nor
exercise any editorial control whatsoever over the content of any message
or material or information created, obtained or accessible through the
Service or Site. Gravitykey Technologies Private Limited does not endorse,
verify, or otherwise certify the contents of any comments or other
material or information made by any Member. Each Member is solely
responsible for the contents of their communications and may be held
legally liable or accountable for the content of their comments or other
material or information.
- Member acknowledges and agrees that the Service may
only be used by businesses and their representatives for business use and
not for individual consumers or for non-business use.
- Member acknowledges and agrees that each Member is
solely responsible for observing applicable laws and regulations in its
respective jurisdictions to ensure that all use of the Site and Service follow
the same.
Breaches by Members
- Gravitykey Technologies Private Limited reserves the
right in our sole discretion to remove, modify or reject any information,
content or material on the Site you post or display (when posted or
displayed by a User, “User Content”). User Content that you submit to,
post or display on the Site which we reasonably believe is unlawful,
violates the Terms, could subject Gravitykey Technologies Private Limited
or our affiliates to liability, or is otherwise found inappropriate in
Gravitykey Technologies Private Limited’s opinion.
- If any Member breaches any Terms or if Gravitykey
Technologies Private Limited has reasonable grounds to believe that any
Member is in breach of any the Terms, Gravitykey Technologies Private
Limited shall have the right to impose a penalty against the Member, or
suspend or terminate the Member’s account or subscription of any Service
without any liability to the Member. Gravitykey Technologies Private
Limited shall also have the right to restrict, refuse or ban all current
or future use of any other Service that may be provided by Gravitykey
Technologies Private Limited. The penalties that Gravitykey Technologies
Private Limited may impose include, among others, warning, removing any
product listing or other User Content that the Member has submitted,
posted or displayed, imposing restrictions on the number of product
listings that the Member may post or display, or imposing restrictions on
the Member’s use of any features or functions of any Service for such
period as Gravitykey Technologies Private Limited may consider appropriate
in our sole discretion.
- Without limiting the generality of the provisions of
the Terms, a Member would be considered as being in breach of the Terms in
any of the following circumstances.
- upon complaint or claim from any
third party, if Gravitykey Technologies Private Limited has reasonable
grounds to believe that such Member has willfully or materially failed to
perform your contract with such third party including without limitation
where the Member has failed to deliver any items ordered by such third
party after receipt of the purchase price, or where the items Member has delivered
materially fail to meet the terms and descriptions outlined in your
contract with such third party
- Gravitykey Technologies Private
Limited has reasonable grounds to suspect that such Member has used a
stolen credit card or other false or misleading information in any
transaction with a counter party,
- Gravitykey Technologies Private
Limited has reasonable grounds to suspect that any information provided
by the Member is not current or complete or is untrue, inaccurate, or
misleading, or
- Gravitykey Technologies Private
Limited believes that the Member’s actions may cause financial loss or
legal liability to Gravitykey Technologies Private Limited or our
affiliates or any other Users.
- Gravitykey Technologies Private Limited reserves the
right to cooperate fully with governmental authorities, private
investigators and/or injured third parties in the investigation of any
suspected criminal or civil wrongdoing. Further, and as described in our
Privacy Policy, Gravitykey Technologies Private Limited may disclose the
Member's identity and contact information, if requested by a government or
law enforcement body, an injured third party, or as a result of a warrant
or other legal action. Gravitykey Technologies Private Limited shall not
be liable for damages or results arising from such disclosure, and Member
agrees not to bring any action or claim against Gravitykey Technologies
Private Limited for such disclosure.
- If a Member is in breach of the Terms, Gravitykey
Technologies Private Limited also reserves the right to publish the
records of such breach on the Site. If such breach involves or is
reasonably suspected of involving dishonest or fraudulent activities,
Gravitykey Technologies Private Limited also reserves the right to
disclose the records of such breach to our affiliates. Such Gravitykey
Technologies Private Limited affiliates may impose limitation on, suspend
or terminate the Member’s use of all or part of the services provided by
such affiliates to the Member, take other remedial actions, and publish
the records about the Member’s breach of the Terms on the websites
operated by or controlled by such Gravitykey Technologies Private Limited
affiliates.
- Gravitykey Technologies Private Limited may, at any
time and in our reasonable discretion, impose limitations on, suspend or
terminate the Member’s use of any Service or the Site without being liable
to the Member if Gravitykey Technologies Private Limited has received
notice that the Member is in breach of any agreement or undertaking with
any affiliate of Gravitykey Technologies Private Limited and such breach
involves or is reasonably suspected of involving dishonest or fraudulent
activities. Gravitykey Technologies Private Limited shall have the right
to publish the records of such breach on the Site. Gravitykey Technologies
Private Limited shall not be required to investigate such breach or
request confirmation from the Member.
- Each Member agrees to indemnify Gravitykey
Technologies Private Limited, our affiliates, directors, employees, agents,
and representatives and to hold them harmless, from any and all damages,
losses, claims and liabilities (including legal costs on a full indemnity
basis) which may arise from such Member’s submission, posting or display
of any User Content, from Member’s use of the Site or Service, or from
Member’s breach of the Terms.
- Each Member further agrees that Gravitykey
Technologies Private Limited is not responsible and shall have no
liability to such Member or anyone else, including Member’s customers or
clients, for any User Content or other material transmitted over the Site,
including fraudulent, untrue, misleading, inaccurate, defamatory, offensive,
or illicit material and that the risk of damage from such material rests
entirely with each Member. Gravitykey Technologies Private Limited
reserves the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by the
Member, in which event the Member shall cooperate with Gravitykey
Technologies Private Limited in asserting any available defenses
Transactions Made Through
the Site https://skedis.in
- Gravitykey Technologies Private Limited provides
electronic web-based platforms for exchanging information between buyers
and sellers of products and services. Gravitykey Technologies Private
Limited additionally provides electronic web-based transaction platforms
for Members to place, accept, conclude, manage, and fulfill orders for the
provision of products and services online within the Site. However, for
any Service, Gravitykey Technologies Private Limited does not represent
either the seller or the buyer in specific transactions. Gravitykey
Technologies Private Limited does not control and is not liable to or
responsible for the quality, safety, lawfulness or availability of the
products or services offered for sale on the Site or the ability of the
sellers to complete a sale or the ability of buyers to complete a purchase.
- Users are hereby made aware that there may be risks
of dealing with people acting under false pretenses. Gravitykey
Technologies Private Limited uses several techniques to verify the
accuracy of certain information our paying Users provide us when they
register for a paying membership service on the Site. However, because
user verification on the Internet is difficult, Gravitykey Technologies
Private Limited cannot and does not confirm each User's purported identity
(including, without limitation, paying Members). We encourage you to use
various means, as well as common sense, to evaluate with whom you are
dealing.
- Each User acknowledges that it is fully assuming the
risks of conducting any purchase and sale transactions in connection with
using the Site or Service, and that it is fully assuming the risks of
liability or harm of any kind in connection with subsequent activity of
any kind relating to products or services that are the subject of
transactions using the Site. Such risks shall include, but are not limited
to, misrepresentation of products and services, fraudulent schemes,
unsatisfactory quality, failure to meet specifications, defective or
dangerous products, unlawful products, delay or default in delivery or
payment, cost miscalculations, breach of warranty, breach of contract and
transportation accidents. Such risks also include the risks that the
manufacture, importation, export, distribution, offer, display, purchase,
sale and/or use of products or services offered or displayed on the Site
may violate or may be asserted to violate any rights of third parties, and
the risk that User may incur costs of defense or other costs in connection
with third parties’ assertion of rights, or in connection with any claims
by any party that they are entitled to defense or indemnification in
relation to assertions of rights, demands or claims by third parties. Such
risks also include the risks that consumers, other purchasers, end-users
of products or others claiming to have suffered injuries or harms relating
to products originally obtained by Users of the Site as a result of
purchase and sale transactions in connection with using the Site may
suffer harms and/or assert claims arising from their use of such products.
All of the foregoing risks are hereafter referred to as "Transaction
Risks". Each User agrees that Gravitykey Technologies Private Limited
shall not be liable or responsible for any damages, claims, liabilities,
costs, harms, inconveniences, business disruptions or expenditures of any
kind that may arise a result of or in connection with any Transaction
Risks.
- Users are solely responsible for all of the terms
and conditions of the transactions conducted on, through or as a result of
use of the Site or Service, including, without limitation, terms regarding
payment, returns, warranties, shipping, insurance, fees, taxes, title,
licenses, fines, permits, handling, transportation and storage.
- User agrees to provide all information and materials
as may be reasonably required by Gravitykey Technologies Private Limited
in connection with such User’s transactions conducted on, through or as a
result of use of the Site or Service. Gravitykey Technologies Private
Limited has the right to suspend or terminate any User’s account if the
User fails to provide the required information and materials.
- If any User has a dispute with any party to a transaction,
such User agrees to release and indemnify Gravitykey Technologies Private
Limited (and our agents, affiliates, directors, officers and employees)
from all claims, demands, actions, proceedings, costs, expenses and
damages (including without limitation any actual, special, incidental or
consequential damages) arising out of or in connection with such transaction.
Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES
PROVIDED BY GRAVITYKEY TECHNOLOGIES PRIVATE LIMITED ON OR THROUGH THE SITE
ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL
FAULTS”, AND GRAVITYKEY TECHNOLOGIES PRIVATE LIMITED HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE,
ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND
UNDERTAKINGS ARE HEREBY EXCLUDED
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRAVITYKEY
TECHNOLOGIES PRIVATE LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT
THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,
COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE
SITE; GRAVITYKEY TECHNOLOGIES PRIVATE LIMITED DOES NOT REPRESENT OR
WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER,
DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR
DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND
GRAVITYKEY TECHNOLOGIES PRIVATE LIMITED MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR
DISPLAYED ON THE SITE
- Any material downloaded or otherwise obtained
through the Site is done at each User's sole discretion and risk and each
User is solely responsible for any damage to Gravitykey Technologies
Private Limited’s computer system or loss of data that may result from the
download of any such material. No advice or information, whether oral or
written, obtained by any User from Gravitykey Technologies Private Limited
or through or from the Site shall create any warranty not expressly stated
herein
- The Site may make available to User services or
products provided by independent third parties. No warranty or
representation is made with regard to such services or products. In no
event shall Gravitykey Technologies Private Limited and our affiliates be
held liable for any such services or products
- Each User hereby agrees to indemnify and hold
Gravitykey Technologies Private Limited, our affiliates, directors, officers,
and employees harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which may arise from
such User's use of the Site or Service (including but not limited to the
display of such User's information on the Site) or from your breach of any
of the terms and conditions of the Terms. Each User hereby further agrees
to indemnify and hold Gravitykey Technologies Private Limited, our
affiliates, directors, officers, and employees harmless, from any and all
losses, damages, claims, liabilities (including legal costs on a full
indemnity basis) which may arise from User's breach of any representations
and warranties made by User to Gravitykey Technologies Private Limited,
including but not limited to those set forth hereunder.
- Each User hereby further agrees to indemnify and
hold Gravitykey Technologies Private Limited, our affiliates, directors, officers,
and employees harmless, from any and all losses, damages, claims,
liabilities (including legal costs on a full indemnity basis) which may
arise, directly or indirectly, as a result of any claims asserted by third
parties relating to products offered or displayed on the Site. Each User
hereby further agrees that Gravitykey Technologies Private Limited is not
responsible and shall have no liability, for any material posted by
others, including defamatory, offensive, or illicit material and that the
risk of damages from such material rests entirely with each User.
Gravitykey Technologies Private Limited reserves the right, at our own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you shall
cooperate with Gravitykey Technologies Private Limited in asserting any available
defenses.
- Gravitykey Technologies Private Limited shall
not be liable for any special, direct, indirect, punitive, incidental, or
consequential damages or any damages whatsoever (including but not limited
to damages for loss of profits or savings, business interruption, loss of
information), whether in contract, negligence, tort, equity or otherwise
or any other damages resulting from any of the following
- the use or the inability to use
the Site or Service, including loss of data or downtime;
- any malfunction on the Site or
with the Service, including failure to deliver notifications to Users and
Members;
- any defect in goods, samples,
data, information or services purchased or obtained from a User or any
other third party through the Site;
- violation of rights of third
parties or claims or demands that User's manufacture, importation,
export, distribution, offer, display, purchase, sale and/or use of
products or services offered or displayed on the Site may violate or may
be asserted to violate the rights of any third parties; or claims by any
party that they are entitled to defense or indemnification in relation to
assertions of rights, demands or claims by third parties
- unauthorized access by third
parties to data or private information of any User;
- statements or conduct of any User
of the Site, including misleading, malicious, or criminal use of the
Service by a User; and
- any matters relating to Service
however arising, including negligence
- Notwithstanding any of the foregoing provisions, the
aggregate liability of Gravitykey Technologies Private Limited, our
employees, agents, affiliates, representatives or anyone acting on our
behalf with respect to each User for all claims arising from the use of
the Site or Service during any calendar year shall be limited to the
greater of (a) the amount of fees the User has paid to Gravitykey
Technologies Private Limited or our affiliates during the calendar year
and (b) US$100.00. The preceding sentence shall not preclude the
requirement by the User to prove actual damages. All claims arising from
the use of the Site or Service must be filed within one (1) year from the
date the cause of action arose.
- Users — not Gravitykey Technologies Private Limited
— are solely responsible for compliance with any and all privacy laws in
such User’s jurisdiction, including HIPAA and HITECH compliance. Any
storage of Personally Identifying Information (PII), Personal Data (as
defined in the Privacy Policy), and Personal Health Information (PHI) may
only be stored on the Site after the User agrees to the Terms and
Conditions of using this site.
- The limitations and exclusions of liability to you
under the Terms shall apply to the maximum extent permitted by law and
shall apply whether or not Gravitykey Technologies Private Limited has
been advised of or should have been aware of the possibility of any such
losses arising
- Force Majeure Under no circumstances shall
Gravitykey Technologies Private Limited be held liable for any delay or
failure or disruption of the content or services delivered through the
Site resulting directly or indirectly from acts of nature, forces or
causes beyond our reasonable control, including without limitation,
Internet failures, computer, telecommunications or any other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, acts of God, war, governmental actions, orders
of domestic or foreign courts or tribunals or non-performance of third
parties.
Intellectual Property
Rights
- The Site and its original content, features and
functionality (including look!) are owned by Gravitykey Technologies
Private Limited and are protected by Indian States and international
copyright, trademark, patent, trade secret and other intellectual property
or proprietary rights laws. You agree to not copy, modify, create
derivative works of, publicly display, publicly perform, republish, any of
our copyrighted material, except to the extent permitted by the Site
itself. If you have doubts about whether and how to use of material on the
Site, please send your questions/concerns to: support@skedis.in
- For purposes of these Terms of Service, the term
“Content” includes, without limitation, information, data, text, photographs,
videos, audio clips, written posts and comments, software, scripts,
graphics, and interactive features generated, provided, or otherwise made
accessible on or through the Site. For the purposes of these Terms of
Service, “Content” also includes all User Content.
- Each Member represents, warrants and agrees that (a)
you shall be solely responsible for obtaining all necessary third party
licenses and permissions regarding any User Content that you submit, post
or display; (b) any User Content that you submit, post or display does not
infringe or violate any of the copyright, patent, trademark, trade name,
trade secrets or any other personal or proprietary rights of any third
party (“Third Party Rights”); and (c) you have the right and authority to
sell, trade, distribute or export or offer to sell, trade, distribute or
export the products or services described in the User Content and such
sale, trade, distribution or export or offer does not violate any Third
Party Rights.
- Each Member further represents, warrants, and agrees
that the User Content that you submit, post or display shall:
- be true, accurate, complete, and
lawful; not be false, misleading or deceptive.
- not contain any material which is
defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory, or otherwise objectionable
- not promote sexually explicit or
pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
- not violate other Terms or any applicable
Additional Agreements
- not violate any applicable laws
and regulations (including without limitation those governing export
control, consumer protection, unfair competition, or false advertising)
or promote any activities which may violate any applicable laws and regulations.
- not infringe any patent,
trademark, trade secret, copyright, or other intellectual property rights
of any other person.
- not violate the legal rights
(including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may conflict with these
Terms of Service.
- not promote any illegal activity,
or advocate, promote or assist any unlawful act.
- not contain any link directly or
indirectly to any other web Site which includes any content that may
violate the Terms.
- All User Content, whether publicly posted or
privately transmitted, is the sole responsibility of the person who
originated such User Content. You represent that all User Content provided
by you is accurate, complete, up-to-date, and in compliance with all
applicable laws, rules and regulations. You acknowledge that all Content,
including User Content, accessed by you using the Site is at your own risk
and you will be solely responsible for any damage or loss to you or any
other party resulting therefrom. We do not guarantee that any Content you
access on or through the Site is or will continue to be accurate.
- You hereby grant Gravitykey Technologies Private
Limited a worldwide, non-exclusive, perpetual, royalty-free, fully paid,
sublicensable and transferable license to use, edit, modify, reproduce,
distribute, prepare derivative works of, display, perform, and otherwise
fully exploit any User Content you post, display or provide to Gravitykey
Technologies Private Limited or our representative(s) in connection with
the Site and our (and our successors’ and assigns’) businesses, including
without limitation for promoting and redistributing part or all of the
Site (and derivative works thereof) in any media formats and through any
media channels (including, without limitation, third party websites and
feeds). You also hereby do and shall grant each user of the Site a
non-exclusive, perpetual license to access your User Content through the
Site, and to use, edit, modify, reproduce, distribute, prepare derivative
works of, display and perform such User Content. For clarity, the
foregoing license grants to us and our users does not affect your other
ownership or license rights in your User Content, including the right to
grant additional licenses to your User Content, unless otherwise agreed in
writing. You represent and warrant that you have all rights to grant such
licenses to us without infringement or violation of any third-party
rights, including without limitation, any privacy rights, publicity
rights, copyrights, trademarks, contract rights, or any other intellectual
property or proprietary rights.
- We do not guarantee that any Content will be made
available on the Site. We reserve the right to, but do not have any
obligation to, (i) remove, edit or modify any Content in our sole
discretion, at any time, without notice to you and for any reason
(including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such Content or if we are
concerned that you may have violated these Terms of Service), or for no
reason at all and (ii) to remove or block any Content from the Site.
- You are permitted to use the Site for your personal,
non-commercial use, or legitimate business purposes, provided that your
activities are lawful and in accordance with these Terms of Service.
Prohibited uses include violation of laws and regulations, hacking the
Site in any manner, or violating the Content Standards set below. No
right, title or interest in or to the Site or any content on the site is
transferred to you, and all rights not expressly granted are reserved. Any
use of the Site not expressly permitted by these Terms of Service is a
breach of these Terms of Service and can lead to account termination.
- Gravitykey Technologies Private Limited may have
independent third parties involved in the provision of the Service (e.g.,
the authentication and verification service providers). You may not use
any trademark, service mark or logo of such independent third parties
without prior written approval from such parties.
Notices
- All legal notices or demands to or upon Gravitykey
Technologies Private Limited shall be made in writing and sent to
Gravitykey Technologies Private Limited by courier, certified mail, or
facsimile to the following Gravitykey address: Gravitykey Technologies
Private Limited, No. 33, Vidhya Lakshmi Street, Lakshmi Nagar, Mudichur,
Tambaram, Chennai – 600048. The notices shall be effective when they are
received by Gravitykey Technologies Private Limited in any of the
above-mentioned manner.
- All legal notices or demands to or upon a User shall
be effective if either delivered personally, sent by courier, certified mail,
by facsimile or email to the last-known correspondence, fax or email
address provided by the User to Gravitykey Technologies Private Limited,
or by posting such notice or demand on an area of the Site that is
publicly accessible without a charge. Notice to a User shall be deemed to
be received by such User when: (a) Gravitykey Technologies Private Limited
is able to demonstrate that communication, whether in physical or
electronic form, has been sent to such User, or (b) immediately upon
Gravitykey Technologies Private Limited posting such notice on an area of
the Site that is publicly accessible without charge.
- You agree that all agreements, notices, demands,
disclosures and other communications that Gravitykey Technologies Private
Limited sends to you electronically satisfy the legal requirement that
such communication should be in writing.
Specific Copyright
Infringement Notices
- We do not undertake to review all material before it
is posted on the Site and cannot ensure prompt removal of objectionable
material after it has been posted. Accordingly, we assume no liability for
any action or inaction regarding transmissions, communications or content
provided by any user or third party. In the unlikely event we receive a
disclosure request from an authorized party, we reserve the right to
disclose user identities when required to do so by the law, including in
response to a law enforcement request supported by a valid court order.
You waive and hold harmless the Company from any claims resulting from any
action taken by the Company during or as a result of its investigations
and from any actions taken as a consequence of investigations by either
the Company or law enforcement authorities.
- If you believe that any User Content violates your
copyright, please provide us a written takedown notice including the
following information:
- A physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
- Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works at
a single online site are covered by a single notification, a
representative list of such works at that site.
- Identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient
for us to contact you, such as email, GravityKey address, telephone number.
- A statement that you a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
- A statement that the information
in the notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
- The notice should be addressed
via Certified Mail to, c/o Gravitykey Technologies Private Limited, Gravitykey
Technologies Private Limited, No 33 Vidhya Lakshmi Street Lakshmi Nagar,
Mudichur Tambaram Chennai 600048.
Dispute Resolution and
Arbitration Agreement
- This Dispute Resolution and Arbitration Agreement
shall apply if your (i) Country of Residence is in India; or (ii) your
Country of Residence is not in the India, but you bring any claim against
Gravitykey Technologies Private Limited in India:
- Arbitrators must be neutral, and
no party may unilaterally select an arbitrator;
- Arbitrators must disclose any
bias, interest in the result of the arbitration, or relationship with any
party;
- Parties retain the right to seek
relief in small claims court for certain claims, at their option
- The arbitrator can grant any
remedy that the parties could have received in court to resolve the
party’s individual claim.
- Agreement to Arbitrate. You and Gravitykey
Technologies Private Limited mutually agree that any dispute, claim, or
controversy arising out of or relating to these Terms or the breach,
termination, enforcement, or interpretation thereof, or to the use of the
Service or Site (collectively, “Disputes”) will be settled by binding
arbitration (the “Arbitration Agreement”). If skedis.in dispute about whether
this Arbitration Agreement can be enforced or applies to our Dispute, you
and Gravitykey Technologies Private Limited agree that the arbitrator will
decide that issue.
- Exceptions to Arbitration Agreement. You and
Gravitykey Technologies Private Limited each agree that the following
claims are exceptions to the Arbitration Agreement and will be brought in
a judicial proceeding in a court of competent jurisdiction: (i) Any claim
related to actual or threatened infringement, misappropriation or
violation of a party’s copyrights, trademarks, trade secrets, patents, or
other intellectual property rights; (ii) Any claim seeking emergency
injunctive relief based on exigent circumstances (e.g., imminent danger or
commission of a crime, hacking, cyber-attack).
- Arbitration Rules and Governing Law. This
Arbitration Agreement evidences a transaction in interstate commerce and
thus the Federal Arbitration Act governs the interpretation and
enforcement of this provision.
- Arbitrator’s Decision. The arbitrator’s decision
will include the essential findings and conclusions upon which the
arbitrator based the award. Judgment on the arbitration award may be
entered in any court with proper jurisdiction. The arbitrator may award
declaratory or injunctive relief only on an individual basis and only to
the extent necessary to provide relief warranted by the claimant’s
individual claim.
- No Class Actions or Representative Proceedings. You
and Gravitykey Technologies Private Limited acknowledge and agree that we
are each waiving the right to participate as a plaintiff or class member
in any purported class action lawsuit, class-wide arbitration, private
attorney-general action, or any other representative proceeding as to all
Disputes. Further, unless you and Gravitykey Technologies Private Limited
both otherwise agree in writing, the arbitrator may not consolidate more
than one party’s claims and may not otherwise preside over any form of any
class or representative proceeding. If this paragraph is held
unenforceable with respect to any Dispute, then the entirety of the
Arbitration Agreement will be deemed void with respect to such Dispute.
- Gravitykey Technologies Private Limited and Providers
of Service are independent contractors, and no agency, partnership, joint
venture, employee-employer, or franchiser-franchisee relationship is
intended or created by the Terms.
- The Terms of Service constitutes the entire
agreement between you and Gravitykey Technologies Private Limited and
govern your use of the service, superseding any prior agreements
(including, but not limited to, any prior versions of the Terms of
Service). If any provision of these Terms of Service is held by a court of
competent jurisdiction to be invalid, illegal or unenforceable for any
reason, such provision shall be eliminated or limited to the minimum
extent such that the remaining provisions of the Terms of Service will
continue in full force and effect.
- Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such section.
- Gravitykey Technologies Private Limited’s failure to
enforce any right or failure to act with respect to any breach by you
under the Terms will not constitute a waiver of that right nor a waiver of
Gravitykey Technologies Private Limited’s right to act with respect to
subsequent or similar breaches.
- Gravitykey Technologies Private Limited shall have
the right to assign the Terms (including all our rights, titles, benefits,
interests, and obligations and duties in the Terms to any person or entity
(including any affiliates of Gravitykey Technologies Private Limited). You
may not assign, in whole or part, the Terms to any person or entity.
- The Terms shall be governed by the laws of Chennai, Tamilnadu,
India without regard to its conflict of law provisions. The parties
to the Terms hereby submit to the exclusive jurisdiction of the High court
of Chennai or any of its branches.