Company: Nirmaanam Novo Pvt. Ltd.

1. INTRODUCTION

Welcome to BharatShram, owned and operated by Nirmaanam Novo Private Limited, hereafter referred to as "we", "us" or "our".

These terms and conditions apply to the use of www.bharatshram.com. By accessing or using this website, you accept and agree to comply with and be bound by the terms and conditions set forth in this agreement, which together with our privacy policy govern our relationship with you in relation to this website. If you do not agree to all the terms and conditions of use, you must immediately discontinue your access to BharatShram and all the services offered by it. Continued use of BharatShram will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

2. DEFINITIONS

In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:

3. TERMS AND CONDITIONS OF USE

You are granted a non-exclusive, non-transferrable, revocable license to access and use this website (www.bharatshram.com) strictly in accordance with these terms of use. As a condition of your use of the website for any purpose that is unlawful or prohibited by these terms of use. We reserve the rights to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, then you must immediately discontinue the use of this website or any other services provided by BharatShram.

4. DISCLAIMER

The Website is provided on an "as is" and "as available" basis. Nirmaanam Novo Private Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nirmaanam Novo Private Limited makes no warranty that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free.

5. LIMITATION OF LIABILITY

Nirmaanam Novo Private Limited shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from on in connection with BharatShram and the services offered in BharatShram, your access to, use of or inability to use BharatShram or the services offered in BharatShram, reliance on or downloading from BharatShram and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other tangible, even if we have been advised of the possibility of such damages.

We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with BharatShram and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to BharatShram, or electronic mail transmitted to and from us, will not be monitored or read by others.

6. INTELLECTUAL PROPERTY RIGHTS

All editorial content included on the Website, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is owned or licensed property of Nirmaanam Novo Private Limited or its software and content suppliers and is protected by copyright, trademark, patent, or other proprietary rights. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Nothing contained on BharatShram should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on BharatShram without our written permission. Misuse of any trademarks or any other content displayed on BharatShram is prohibited. Other products, services, and company names mentioned herein may also be the trademarks of their respective owners.

7. THIRD PARTY LINKS

The Website may contain links to third-party websites or resources. You acknowledge and agree that Nirmaanam Novo Private Limited is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Nirmaanam Novo Private Limited of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

8. INDEMNIFICATION

You agree to indemnify and hold Nirmaanam Novo Private Limited and its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your violation of these terms and conditions, or your violation of any rights of another.

9. ALERTS AND NOTIFICATIONS

You agree to receive pre-programmed notifications (“Alerts”) and/or SMS messages and/or WhatsApp messages or phone calls from BharatShram on your mobile phone or other handheld devices.

10. LICENSE TO USE

By submitting any text or images or videos (“material”) via the BharatShram application or the Website, you represent that you are the owner of the material to use, reproduce, and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the material to promote the products or services by Nirmaanam Novo Private Limited so long as no trade secrets or personal information is exposed.

11. EQUIPMENT AND NETWORKS

The provision of the Services and BharatShram does not include the provision of a mobile telephone or device or other necessary equipment to access BharatShram or the Services. To use BharatShram or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using BharatShram. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing BharatShram or any such third-party charges as may arise. You accept responsibility for any such charges that arise.

12. PROHIBITION IN RELATION TO USAGE

Prohibitions in relation to usage of Services or BharatShram: Without limitation, you undertake not to use or permit anyone else to use the Services or BharatShram:

  1. to send or receive any material which is not civil or tasteful
  2. to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third-party rights;
  3. to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
  4. to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
  5. to cause annoyance, inconvenience or needless anxiety;
  6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
  7. for a purpose other than which we have designed them or intended them to be used;
  8. for any fraudulent purpose;
  9. other than in conformance with accepted Internet practices and practices of any connected networks.

13. GOVERNING LAW

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these terms and conditions, including any disputes regarding the existence, validity, or termination thereof, shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force. The seat of arbitration shall be Bangalore, India. The language of the arbitration shall be English.

14. CONTACT INFORMATION

If you have any questions or concerns about these Terms and Conditions of Use, please contact us at:

Nirmaanam Novo Private Limited

Email: info@bharatshram.com

These Terms and Conditions of Use were last updated on 23.05.2023.