General

This Agreement creates binding legal obligations on you. If you do not agree to any of the terms of this Agreement, please do not access the Platforms, use any of the services offered through the Platforms or register an account for such services.

• These terms and conditions constitute the agreement (“Agreement”) between you (“User”) and Tajurba Business Network Private Limited and our affiliates (“we,” “us,” or “Tajurba”) regarding your use of our service (“Service”) in India, and applies to our website www.tajurba.com (“Website”) and to the application for mobile devices the “Tajurba App”) using operating systems such as IOS, Android, and/or Windows Mobile (the Website and the Tajurba App are collectively called the “Platform”).
• Your use of the Service is subject to this Agreement, our privacy policy (“Privacy Policy”) and the Application usage rules (“Usage Policy”), which are located on the Platform. You agree to accept our Usage Policy and Privacy Policy which constitute integral parts of this Agreement.
• We reserve the right to modify the terms of this Agreement at any time. Such changes will become effective when we post the modified Agreement on the Platform. Each time you use the Platform or the Service, the then-current version of this Agreement will apply. If you use the Platform or the Service after a modification of this Agreement, you agree to be bound by the terms of this current version of the Agreement as modified.
• This Agreement contains important information regarding your rights with respect to the Platform and the Service, including your relationship with us. Please read this Agreement carefully, and review this Agreement regularly.

User Qualification

• You warrant and represent that:
• you are aged 18 years or over; and have the requisite mental and legal capacity to enter into this Agreement and use the Services.
• any information you submit to us when using the Service is accurate, complete, and current; and
• your use of the Service does not violate any applicable law or regulation.

User Registration

• You shall register with the Platform through mobile phone verification or other procedure to become a registered user on the Platform. You acknowledge and agree that the information you provide during the user registration process is accurate and complete, and you shall promptly notify us of any changes to the information.
• The user account (“Account”) you create following the registration process shall be personal to you. You may not transfer your Account to anyone else, nor permit or assist others to use the Service through your Account, except for those individuals or businesses that have been expressly authorized by us to create accounts on behalf of their employers or customers.
• After successfully completing the User registration process, you may start using the Service through the Platform in accordance with this Agreement.
• We reserve the right to suspend, deny or revoke your access to your Account, the Platform and/or the Service at any time and at our sole discretion. If you are suspended, or have been denied or had your access revoked you may lodge a User complaint in accordance with the procedures set out in this Agreement.

Account Security

• You are responsible for the security of your Account including login information and password(s). Please ensure that you log out at the end of each session when using the Website and leave the Platform following the correct steps. If you disclose your Account information you may be responsible for any losses and consequences of such acts.
• You must notify us via the Platform immediately if you become aware of any unauthorized use of your Account, or other situation that may cause theft or loss of your Account. Upon notice of unauthorized use, we will temporarily lock your Account, but you acknowledge that doing so takes a reasonable amount of time, and it will not be immediate.
• Your Account may only be used by you and may not be shared with any other person. You agree:
  • to keep your Account details private at all times;
  • to keep the login verification code, if any, to your Account safe and confidential;
  • not to transfer any part of your Account (e.g., address book) to anyone else; and
  • to comply with all applicable laws and the terms and conditions in this Agreement in connection with your Account.
• You shall be responsible for all actions and transactions made through your Account unless you have closed it, or reported any misuse of your Account to us via the Platform.
• We attach great importance to the protection of your personal information and information of other users. If you come into contact with any personal information or documents of any other user through your use of the Platform or communication with other users, you shall keep such information confidential and will not in any way disclose such to any other party.

Charges and Payment

• The charges for the use of the Service may be displayed on the Website and the Application from time to time.
• For your convenience, we provide you with several payment options as and when each becomes available in your area.
• For any dispute regarding any payment, please contact us at [email protected].

Complaints

• In the event that at any time you have a complaint or dispute regarding the Service or the Platform you can notify us via the Platform or by sending an email at [email protected].

Breach

• You acknowledge and agree that in order to protect the rights and interests of other users of the Platform, we may take the following actions without notifying you in advance if we determine, in our sole and absolute discretion, that you have breached any of the terms of this Agreement:
• If your breach results in any loss, harm, expense, cost or diminution in value to us (including the cost of management time); or
• We may suspend your Account or permanently block you from using the Platform.

Limitations of Our Liability

• You acknowledge and agree that our liability to you whether in contract, tort, for breach of statutory duty or otherwise, arising under or in connection with this Agreement shall be capped at any policy limit of such public liability insurance policy as we may have in place in connection with the Service.
• In exchange for your being allowed to use our Services, you (acting for yourself and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) do fully and forever release and discharge Us from all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including legal fees), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any of the services discussed herein, including in connection with the Platform or use of the Services.
• Without limitation of the foregoing general releases, you acknowledge and agree that, except as may otherwise be limited by applicable law, We are not responsible or liable for any claim, including those that arise out of or relate to:
• any risk, danger, or hazard described in this Agreement,
• your use of, or inability to use the Service,
• your breach of the terms of this Agreement, or your violation of any law,
• any negligence, misconduct, or other action or inaction of any third party. You hereby release and waive all claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds.

Ownership and Intellectual Property

• Your agreeing to this Agreement and becoming a User only entitles you to the Service in accordance with the terms and conditions set out in this Agreement. There is no other authorisation, cooperation, partnership or agency between you and us.
• You acknowledge that all intellectual property rights in and to the Platform (including copyright, trademarks, trade names, logos, source and object codes) and relevant proprietary confidential information in the Platform is and shall remain the exclusive property of us or our licensors and nothing in this Agreement shall operate to transfer any intellectual property rights in and to the Platform or any other intellectual property rights owned by us or our licensors to you. You acknowledge and agree that, without the express written authorisation of the owner of such intellectual property rights, you may not use, modify, rent, let, sell, transmit or otherwise violate the above intellectual property rights (such as reverse engineering, decompiling).
• The name and logos of Tajurba are trademarks and trade names of ours and may not be duplicated, imitated or used in whole or in part without our prior written approval. In addition, you acknowledge and agree that all pages, text, graphics, images, button icons and scripts on the Platform form are owned by us and you shall not, or cause any third party to, duplicate, imitate or use in whole or in part without our prior written approval.
• We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use the Application for your own personal, non-commercial purposes, subject to your compliance with this Agreement. You may use the Website and the Application and our Service only as permitted by this Agreement.
• You are fully and solely responsible for all content, texts and images that you upload, post, transmit or share on the Platform (“User Content”). You may not upload, post, transmit, share or provide any User Content on the Platform that you did not create or that you do not have permission to upload, post, transmit or provide. You represent that you own or have sufficient other legal rights to any and all of your User Content. You agree to only provide User Content that is not in violation of any applicable law and does not infringe any third party’s rights (e.g., not in violation of any applicable intellectual property law or in breach of any agreement). Otherwise you will be solely responsible for all related liabilities. At any time and from time to time, and without your consent, we may review the Platform and delete, remove, or restrict any access to or viewing of any User Content, in our sole discretion and without any notice or cause. When you upload, post, transmit, share or provide User Content on the Platform, you automatically authorise us to make such copies thereof as we may deem, in our sole discretion, necessary or appropriate. By uploading, posting, transmitting, sharing or providing User Content on the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide right and license to use, copy, publicly perform, publicly display, sublicense, reformat, translate, excerpt, distribute, modify, prepare derivative works of, or incorporate into other works any User Content for any purpose (commercial, advertising, or otherwise).
• You agree that we may access, store and use any information that you provide so long as we comply with the terms of the Privacy Policy and your privacy settings. During the applicable copyright protection period, you hereby grant us and our affiliates a royalty-free license to use such information by means that include storage, usage, duplication, revision, editing, publication, exhibition, translation and dissemination, or include such information in other works using mediums currently known or to be developed in the future.

Indemnification

• You agree, without limitation, to indemnify and hold Tajurba and its employees and agents harmless from any death, injury, or damage to yourself, another person or persons, or property arising out of or in any way connected to your use of the Platform caused by your acts, omissions or negligence.
• You agree to indemnify and hold Tajurba and our associated parties jointly providing the Service with us, harmless from all liabilities, claims, losses, damages, expenses, costs (including legal fees incurred at trial, on appeal, or otherwise), debts, fines, penalties and charges, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise that arise out of or relate to:
  • your misuse or inability to use the Platform,
  • your misuse of any information on or from the Platform,
  • any unauthorised access or alteration of your transmission or data in connection with the Platform,
  • any prohibited or malicious action or inaction by you that disrupts the Platform or the Service.
• If your conduct causes us to pay third parties’ claims, we may claim from you for all the losses after we undertake monetary and other obligations to third parties.

Termination of This Agreement

• User Termination: You may terminate this Agreement in any of the following ways:
  • If you notify us via the Platform at any time that you wish to cease using the Service and the Platform;
  • If you cease using the Service and the Platform and expressly reject any changes to this Agreement before such changes become effective.
• Termination Initiated by Tajurba: We may terminate this Agreement in any of the following ways:
  • If you breach any of the terms of this Agreement;
  • If you fail to pay any sums due under this Agreement within 7 days of the date due;
  • If in our opinion your continued use of the Service or the Platform would be detrimental to the Service, the Platform, or other users;
  • If you expressly reject any changes to this Agreement notified to you from time to time.
• Settlement after Termination: Upon the termination of this Agreement, we shall still have the rights to make claims against you in accordance with this Agreement for any prior breaches by you or any outstanding financial obligations you may have.

Covenants and Prohibitions

• Covenants: You shall ensure that your conduct is in compliance with the following requirements when you access or use the Service:
  • Compliance with all the applicable laws, including but not limited to tort law, privacy laws, intellectual property laws, tax laws and regulatory requirements;
  • Provision of accurate information and updating them in a timely manner;
  • Using your real name, identity and other personal information in the personal data file;
  • Using the Service in a civilized and proper manner.
• Prohibitions: You covenant that you will not use the Platform to conduct any illegal activity or any of the following acts:
  • Using the Platform when you do not have the legal capacity or you are suspended from using the Service temporarily or permanently;
  • Transferring your Account to any third party without our consent;
  • Infringing others’ legal rights and interests in any way through the Platform, including collecting any other person’s login information or other personal information, using or attempting to use any other person’s account, harassing, insulting, threatening, coercing or hurting any other person, or sending any other person junk mails or other unwelcome messages or infringing any other persons’ intellectual property rights, etc.;
  • Interfering or sabotaging the Platform, its server or its network, or to creating unreasonable or inappropriate load on our server or system by any means, or conducting any activity that may result in breakdown, overloading or damages (including spreading worms, viruses, spywares, malwares or other destructive codes) or implanting content or codes on user browsers or devices, or altering or disturbing the render effects or display of our website on the user browser or device by other means, or uploading viruses or other malicious codes;
  • Without legal authorisation, using techniques on purpose to intercept, tamper, steal, record, visit, collect, store, use, spread, disclose or delete information that you are not authorised to access from the Platform, such as other users’ personal information, content or data relating to competitive services (determined at our discretion) or other confidential information which does not belong to you;
  • Violating or evading any laws or any of our policies or rules or any decisions about your Account status;
  • Taking any action to evade our technical and security measures;
  • Infringing our intellectual property rights or other rights, including but not limited to using Tajurba or our other commercial logos in any commercial name, email or website, deleting any notification contained in our services on copyrights, trademarks or other ownership, damaging any of our patents, copyrights, proprietary technology, programs, software or data base information that we possess or legally use, through copying, disseminating, publicizing, decoding, partitioning or producing derivatives etc.;
  • Without our explicit consent, implying or stating that you are an affiliate of the Platform or have any agency relationships with it.
  • Without our permission, renting, leasing, lending, borrowing, trading, selling or reselling our services or other relevant information or data, or monetizing or commercializing any of our service functions;
  • Deleting, shielding or hiding any advertisement in our services;
  • Using automatic programs or other automatic methods to visit our service, adding or downloading address books or sending or redirecting messages;
  • Duplicating, modifying or creating derivatives of the Platform or any other relevant technologies (except otherwise authorised by us), or monitoring the usability, performance or functions of our services for competition purposes, or participating in establishing frame, making mirror images or other activities of imitating the appearance of our website or functions, or changing, modifying, re-editing or altering our services, or changing, modifying or altering other websites in order to create a wrong impression that such websites are related to our services.
  • Visiting our Service via web pages not expressly provided by us;
  • Rewriting any security functions of our Services or the Platform;
  • Assisting or encouraging any violation of this Agreement or our policies;
  • Using our Service for any unlawful or illegal activity or which would be considered offensive and/or antisocial behavior; and
  • Any other unlawful conduct detrimental to the Service and/or the Platform.
• Although we impose standards for conduct on our users, we do not control or regulate our users’ conduct on the Platform. Therefore, we will not be responsible for any content or information disseminated or shared by the users on the Platform. If you believe that a user has violated the terms of this Agreement or any of our policies, then please contact us. Although we try to maintain a safe environment, we are not responsible for the posts of any users and disclaim any liability for the conduct or content of any users. If you, under any circumstance, and without our authorization, commit any prohibited act, or publicize or disseminate any prohibited information, you will be solely responsible for all related liabilities and risks.

Electronic Signatures and Notices

• Certain activities on the Platform may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.
• If you have an Account with us, you agree that we may provide you any and all required notices electronically through your Account or other electronic means such as email, or pop-up messages or pushed messages on the Platform in accordance with our Privacy Policy.

Governing Law

• This Agreement and any dispute arising in relation to it shall be governed by and construed in accordance with Indian law.
• You and we agree to submit to the exclusive jurisdiction of the courts of Gurgaon, Haryana in circumstances where the terms of this Agreement permit litigation in court.

Force Majeure

• Limitation of Responsibility: We shall undertake basic security obligations in accordance with law, but will not be responsible for damages resulting from the maintenance of the information network equipment, connection failure, malfunction of the computer, communication or other system, power breakdown, strike, riot, fire, flood, windstorm, explosion, war, government actions, changes of laws, regulations, administrative provisions and other rules, orders of judicial or administrative authorities or acts or omissions of any third party.

Miscellaneous

• This Agreement (including but not limited to the Privacy Policy, Usage Policy and any additional terms that we have notified you of being applicable to specific services) constitutes the entire agreement between the parties with respect to its subject matter. It supersedes all previous agreements and understandings between the parties.
• We may assign, transfer, delegate, or otherwise sub-contract our rights under the terms of this Agreement in our sole discretion.
• If we fail to enforce a provision of the terms of this Agreement, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder).
• If any provision of the terms of this Agreement is held or made invalid, the invalidity does not affect the remainder of the terms of this Agreement. We reserve all rights not expressly granted in the terms of this Agreement and disclaim all implied licenses.