1. Introduction
1.1
Pattern Effects Labs Private Limited, including its subsidiaries, affiliates, associate/group companies and licensors (collectively “Company”, “we”, “us” or “our”) welcomes you, irrespective of whether you are a mere visitor or a member (the “Customers”, “Subscriber”, “User”, “you” or “your”) to www.patterneffects.com (including www.patterneffects.com and/or any replaced or successor domain name) and “Pattern Effects” mobile application for android and iOS operating system accessed through any device, mobile or otherwise (collectively, the “Website”).
1.2
These terms of service, together with: (a) the Company’s privacy policy, located at www.patterneffects.com (“Privacy Policy”) ; (b) the Company’s pricing schedule located at www.patterneffects.com (“Pricing Schedule”) ; (c) the Company’s disclaimer located at www.patterneffects.com (“Disclaimer”) ; (d) such other guidelines, rules, policies and procedures posted by the Company on the Website, from time to time (each of which is incorporated herein by reference and form and integral part of these terms); and (e) any other agreements and terms and conditions entered into with the Company, including offline agreements (collectively “Terms and Conditions”) govern: (a) your relationship with the Company; (b) your use of the Website; and (c) the products, services, contents, features, applications, tools, data, documents and information available through the Website and/or through Company (together with the Website, the “Services”).
2. Terms and Conditions
2.1
These Terms and Conditions constitute an electronic record within the meaning of applicable law and do not require any physical or digital signatures. These Terms and Conditions are published in compliance of, and are governed by the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; and (ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
2.2
Please read these Terms and Conditions carefully before using the Services. These Terms and Conditions apply to all Users of the Services, irrespective of the mode and the manner in which they have accessed the Services.
2.3
Use of the Website and Services is available only to persons who can enter into legally binding contracts under applicable law. The Services are not targeted towards, nor intended for use by, anyone under the age of 18 (eighteen) or anyone who is disqualified or not competent to enter into a contract under the Indian Contract Act, 1872 or any other applicable law. By using the Services, you represent and warrant that you are 18 (eighteen) years of age or older and competent to enter into a contract. If you are under the age of 18 (eighteen) or not competent to enter into a contract, you shall not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and/or change its eligibility criteria at any time.
2.4
You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
2.5
The Website is operated and controlled by us in India, and the Content (as defined below) provided in or accessible through the Website is not directed to any other jurisdiction or country, including any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject the Company to any registration or other requirement within such jurisdiction or country. Access to the Website/ Services from countries, territories and jurisdictions where such access is illegal, is prohibited.
2.6
If you are using the Services on behalf of an entity, company or other organization/association, you represent and warrant that you: (i) have the authority to bind such entity, company or organization/association to these Terms and Conditions; and (ii) agree to be bound by these Terms and Conditions on behalf of such entity, company or organization/association.
2.7
If you are using the Services on behalf of any other person (whether under his authority or otherwise), you represent and warrant that you: (i) have the authority to bind such person to these Terms and Conditions; and (ii) agree to be bound by these Terms and Conditions on behalf of such person.
2.8
Accessing, browsing or using the Website and the Services constitutes your unconditional acceptance and agreement to be bound by these Terms and Conditions.
2.9
By using our Website, you agree that we may use and share your personal information and/or sensitive personal data or information in accordance with the terms of our Privacy Policy.
2.10
The Company reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these Terms and Conditions without prior notice to you. All such amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or browse the Website or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services. If you do not agree to any change to these Terms and Conditions, you must immediately stop using the Website and the Services.
3. Communications
3.1
When you use the Website and/or Services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records (including SMS) from us periodically and as and when required, irrespective of whether you are registered under the Do not Disturb registry under Telecom Regulatory Authority of India, Government of India (TRAI) or not.
3.2
Your act of accessing, browsing or using the Website and/or the Services, or by contacting us through any means or medium, or engaging us to provide the Services constitutes a “verifiable request” by you authorising us to call or send messages, to your telephone numbers provided to or registered with us, with respect to the Services.
3.3
We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.
4. Registration Details of the Company
4.1
Pattern Effects Labs Pvt Ltd. is a SEBI (as defined under the SEBI (Investment Advisers) Regulations, 2013) registered Investment Advisor with registration number INA200012850.
5. Use of Website and Services
The Website is a technology-based platform provided by the Company that aims at predicting market trends for indices and stocks through the proprietary algorithm developed by the Company.
5.1
To sign up for our Services, you must register and create an account on the Website (“User Account”) by providing accurate information as required for registering on the Website. Subject to the opening of the User Account and successful payment of the fee levied by us in accordance with our Pricing Schedule at www.patterneffects.com. the User shall have a limited license to access the Website/Services and check the triggers prompted by the algorithm through the User Account, subject to these Terms and Conditions. All requests placed through the Website for opening User Accounts are subject to our acceptance. Your receipt of any confirmation does not signify our acceptance of your request. We reserve the right at any time after receipt of your request to accept or decline it for any or no reason and without liability to you or anyone else. We may require verification of information prior to the acceptance and/or fulfillment of any request.
5.2
You must provide accurate and complete information and keep your User Account information updated. You shall not select or use as a username: (i) a name which belongs to another User; (ii) the name of another person with the intent to impersonate that person; (iii) a name which is subject to the rights of any person for which you do not have an appropriate authorization; or (iv) a name that is otherwise offensive, vulgar, obscene, or not permitted by law. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete or not in accordance with these Terms and Conditions, we shall have the right to indefinitely suspend or terminate or block your access to the Website and Services.
5.3
You shall: (i) be responsible for maintaining the confidentiality of your username and password; (ii) not share your username and password with third parties; (iii) never publish, distribute or post login information for your User Account; and (iv) notify the Company promptly of any unauthorized use of your User Account and of any loss, theft or disclosure of your password. You are solely responsible for the activity that occurs on your User Account, regardless of whether the activities are undertaken by you, your employees or consultants or a third party (including your contractors or agents), and for keeping your User Account password secure. You shall never use another User’s account or registration details for obtaining the Services. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from any state, provincial, territorial or other authorities), breach of security or unauthorized use of your User Account. The Company shall not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your User Account secure.
5.4
Subject to these Terms and Conditions, we grant each User of the Services a non-exclusive, revocable, non-sublicensable, non-transferable and limited license to use the Website through the User Account, solely for the purpose of using the Services in terms hereof.
5.5
Due to compliance adherence norms as per SEBI regulations, KYC and Risk Profiling, etc. of the users is mandatory. Hence user must furnish the necessary details to make sure we adhere to the required SEBI compliances.
5.6
You shall not distribute, sell, license, rent or otherwise exploit your username and password for accessing your User Account in any manner whatsoever.
5.7
You shall have the ability to delete your User Account, either directly or through a request made to us at info@patterneffectslabs.com.
5.8
Failure to comply with these requirements shall constitute a breach of these Terms and Conditions and shall constitute grounds for immediate termination of your User Account and your right and license to use the Website.
5.9
Certain portions of the Website will be visible/available to Users who have not registered with the Company. Such Users, nevertheless, are bound by these Terms and Conditions, to the extent these Terms and Conditions are applicable to them.
5.10
The Company does not, in any manner whatsoever, solicit any User to trade in Securities on its Website and all trading in Securities are executed solely by the User on the Broker’s platform. The Users shall place their orders/instructions directly with the Broker for buying and/selling or otherwise trading in any kind of equity securities, debt securities, derivative securities, future contracts and options (collectively, “Securities”).
5.11
The Company does not have access to your funds placed in the Broker’s Account and shall not, in any manner whatsoever, be responsible or liable for any deposits into, or withdrawals from your Broker’s Account. The funds in your Broker’s Account will be your sole property, and only you or your authorized agent(s) or representative(s) will be able to access and operate it.
5.12
You understand, acknowledge and agree that the risks entailed in relying upon the forecast/prediction provided on the Website or through our Services for trading in Securities are not lower than the risks entailed in regular trading. You understand, acknowledge and agree that while the Website incorporates all the available data to predict the market trends, the Company does not guarantee any accuracy of the performance of the algorithm. You specifically agree to use the Services upon clearly understanding and assessing your risks (which risks include without limitation losing your funds invested through your Broker’s Account) and you shall not have any claims, demands or actions against the Company in this regard.
5.13
The Website and the Services have been designed for informational purposes only. Please note that in the event you make any decision of trading in any Securities, the Company shall not bear any responsibility for delivery, authentication, performance or any other kind of support. Accordingly, you specifically understand, acknowledge and agree that: (i) the Website and the Services are not promoting: (a) investment strategies; and (b) any particular company or entity through its Services; (ii) the Website and the Services are not recommending any person to enter into any transaction whatsoever, including to acquire or dispose of Securities, and any decision to buy, sell or trade in any Securities is based on your independent decision; (iii) the Company does not offer any Securities and does not solicit any transaction in any kind of Securities; (iv) the Company does not access and/or enter into any transaction of whatsoever nature using your Broker’s Account; (v) the Website and the Services are not intended to provide any professional advice or opinions on any services, including financial, investment or other professional advise; (vi) the Company: (a) cannot take responsibility for or control your Broker’s Account and other information provided by you which is made available on the Website; and (b) does not examine, verify, research, endorse, validate or certify that any content provided by you and any other information submitted/uploaded by you on the Website, nor assumes that all uploaded content and information will be complete, accurate, truthful, trustworthy and reliable; (vii) the Company cannot and does not warrant or guarantee the accuracy of the algorithm used to make any decisions regarding trading in the Securities; (vii) none of the information submitted or available on the Website constitutes a solicitation, offer, opinion, or recommendation by the Company to buy, sell or trade in any securities, options or derivatives of whatsoever nature, including but not limited to the Securities; (viii) the Company does not and has not made any recommendations regarding the merit of any Securities listed on any stock exchange, or endorsed or sponsored any company or other body-corporate listed on any such stock exchange; (ix) the Company does not take part in the execution of any transaction related to or in connection with any orders placed by you through your Broker’s Account; (x) no transaction between the Broker and the Customer are executed through the Website or any part of the Services; and (xi) the Company: (a) is not responsible for any non-performance or breach of any contract entered into between you and the Broker; (b) bears no responsibility or liability whatsoever to any User or person for any failure of the Broker to fulfill its obligations under any transaction, arrangement or any other agreement entered into with the User; (c) cannot and does not guarantee the completion of any order/instruction placed by a User through the Broker’s Account, subsequent to the trigger generated on the Website and accessed by you through your User Account; and (d) shall not and is not required to mediate or resolve any dispute or disagreement between Users and the Broker.
5.14
The User acknowledges that No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. If the User chooses to engage in such transactions with or without seeking advice from a licensed and qualified financial advisor or entity, then such decision and any consequences flowing therefrom are his sole responsibility. The User understands that past performance Is not indicative of future returns.
5.15
The Customers shall thoroughly read, examine, verify, assess and understand the risks which are associated with and inherent to investing in the Securities and shall perform their own independent due diligence before investing. The Company strongly recommends you to use the information available on the Website as an initial starting point for conducting your own independent research and due diligence and make an independent, thoughtful and informed decision about your investment before initiating, undertaking and concluding an order/transaction with the Broker. Given that the Company does not research, verify, endorse, represent, warrant or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of any content and information on the Website and/or on the Broker’s platform, you hereby acknowledge and agree that you are not relying on the Company, the Website and the Services for any investment decision, and that you are solely: (a) responsible for determining whether a transaction is appropriate or suitable for you based on your objectives, circumstance and independent judgement; and (b) all consequences arising therefrom, including any losses which may be incurred by you.
5.16
While the Company shall continuously work towards keeping the Website functional during the working hours of Indian stock markets (“Working Hours”), you hereby acknowledge that technical failures are a part of any program including the algorithm which provides the triggers on the Website. We shall take adequate steps to keep the Website running during Working Hours and in the event of any unforeseen problems or technical malfunction of our network, servers, computer systems or equipment, or software on account of technical problems or traffic congestion on the internet or combination thereof, we shall take immediate measures to remedy the problem. However, we do not assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you, including but not limited to loss of profit, data, opportunity, or otherwise, arising out of such unforeseen events and/or technical malfunction, during Working Hours or otherwise.
5.17
Use of the Services requires a supporting environment, including internet access, compatible hardware and software, and may also require periodic updates to your browser, mobile application, hardware, and/or other software. You agree that meeting these requirements is your sole responsibility and such requirements may change from time to time.
5.18
Without limiting the foregoing, the Company shall not be liable for any deficiencies in the performance of the Services and such deficiency in performance shall not constitute the Company’s failure to meet the requirements detailed in these Terms and Conditions, to the extent that any such failure is attributable to: (i) force majeure; (ii) User’s acts or omissions (including, among other things, violations of law, willful misconduct, negligent acts or breach of these Terms and Conditions); (iii) acts or omissions of third parties related to the Users; (iv) acts or omissions of the Broker; (v) restrictions/constraints imposed by applicable laws; (vi) deficiencies or defects in User’s network, computer systems, servers, software and other resources utilised by the User accessing the Website or for availing the Services; (vii) deficiencies or defects in Broker’s platform; (viii) a failure by the User to provide the Company, within a reasonable time, with any information or other material reasonably requested by the Company for the performance of the Services; (ix) any inaccurate or misleading information supplied by the User to the Company and upon which the Company relies in performing the Services hereunder; (viii) User’s failure to take such corrective action which forms a part of User’s responsibility, as may be reasonably requested and identified by the Company to the User; and (ix) such other reasons solely attributable to the User.
5.19
Notwithstanding anything contained in these Terms and Conditions, the Company shall not be required to provide a Service to the extent the provision thereof would violate or contravene any applicable law.
5.20
The User understands that the Company will only resolve his complaints with respect to the Services of the Website. The Company shall not address any complaints that the User may have with respect to the broking services provided by the Broker or the output generated by the algorithm.
5.21
The User acknowledges that the Company, its representatives and associate companies are not fiduciaries with respect to his decision to enter into this Agreement and avail the Services provided through the Website.
6. Payments, Billings and Refunds
The Services are provided at the prices as set forth from time to time in the Pricing Schedule at https://beta.patterneffects.com/ published on the Website. For services, inclusions and specific pricing policies please refer to our Pricing Schedule.
6.1
All prices are subject to modification/change from time to time at the sole discretion of the Company and shall be effective from the moment such revised prices are posted on this Website. It shall be the Customer’s responsibility to remain informed about the then current prices for the Services.
6.2
While the Company strives to provide accurate pricing information, typographical and other errors may occur. In the event that a relevant Service is listed at an incorrect price or with incorrect information due to an error in pricing or service information, the Company will have the right to modify the price of the relevant Service and contact the Customer for further instructions, or cancel the Service and notify the Customer of such cancellation.
6.3
All payments shall be made in advance in order to subscribe to the Services. The Customer shall make payment, in full, if such Customer desires to avail any Services from the Company. The Customer will pay for the Services as per the mode of payment prescribed by the Company from time to time.
6.4
The Customer shall be liable for all applicable taxes with respect to Services provided by the Company and this shall be in addition to the license, subscription and maintenance fee charged by the Company.
6.5
The procedure adopted for payments to the Company is as follows. You will have to make a payment of the prescribed fee in order to confirm your purchase of the limited use of the Website prior to accessing the algorithm. Upon the successful payment of the fee, a receipt containing the details of the payment will be generated. All invoices are denominated in Indian Rupees. For any assistance or queries, please e-mail finance@patterneffectslabs.com from your registered email address.
6.6
Any payment made by the Customer for the Services is non-refundable. However, at the Company’s sole discretion, refunds or credits may be granted in extenuating circumstances, as or to correct any errors made by the Company. In no event shall the Company’s aggregate liability in such events exceed the fee received by it from the concerned Customer for the relevant Service.
6.7
The Company may, at its sole discretion, introduce new products and services and modify some or all of the existing services offered on the Website. In such an event, the Company reserves the right to introduce fees for the new products and services offered and/or amend fees for existing services, as the case may be.
6.8
The Company also reserves the right, with or without prior notice, to: (i) limit the availability of or to discontinue any product or Service; (ii) impose conditions on the use of Services; (iii) bar any User from making any purchase; and/or (iv) refuse to provide any User with any Services. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to the Company.
6.9
The Company does not deduct any charges from your Broker’s Account and all charges deducted from your Broker’s Account are deducted by the Broker in accordance with its terms. The Company does not, shall not, and cannot withdraw any money from the Broker’s Account. The Company shall not, in any manner whatsoever, be responsible or liable for any deductions or any other transactions from your Broker’s Account.
6.10
Payments for the Services may also be made through an electronic and automated collection and remittance service (the “Payment Gateway”) hosted on the Website through payment gateway service providers. The Payment Gateway service is provided to you in order to facilitate your purchase of the license to use the Services. The processing of payment may be subject to the terms, conditions and privacy policies of the payment gateway service providers (“Payment Gateway Service Provider”) in addition to these Terms and Conditions. The Terms of your payment may also be determined by agreements between you and the financial institution, card issuer or other provider of your chosen payment method. By choosing to use the Services, you agree to pay us all charges at the prices then in effect for any use of the Services in accordance with the applicable payment terms. In addition to that, you shall also be liable to pay all charges payable by you to your bank, financial institution, card issuer or other provider of your chosen payment method and the Payment Gateway for making the purchase. You represent that you have the legal right to use any payment method that you use to remit any amount to us.
6.11
The Company makes no representation of any kind, express or implied, as to the operation of the Payment Gateway. The Company is not responsible for any errors by the Payment Gateway Service Provider. The Company reserves the right to correct any errors or mistake that it makes even if it has already requested or received payment. The Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of: (i) access to, use of, or reliance on the Payment Gateway services; (ii) the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway; (iii) any interruption or errors in the operation of the Payment Gateway; or (iv) any excess payment made by you. Further, you expressly agree that your use of the Payment Gateway is entirely at your own risk. The Company does not collect and store any payment and other details provided by you for transacting through the Payment Gateway. You agree, understand and confirm that personal data including without limitation details relating to debit card/ credit card transmitted over the internet is susceptible to misuse, theft and/or fraud and that the Company has no control over such matters. The Company does not represent or guarantee that the use of the Payment Gateway will not result in theft and/or unauthorized use of data over the internet.
6.12
The records of the Company and/or the Payment Gateway Service Provider, generated by the transaction arising out of the use of the Company’s Services, including the time the transaction is recorded, shall be conclusive proof of the genuineness and accuracy of the transaction. The details provided by you for use of the Payment Gateway Service Provider will be correct and accurate and you shall not use a debit/credit card net banking which are not lawfully owned by you. You further agree and undertake to provide correct and valid debit/credit card/net banking details. In default of the above conditions, the Company reserves the right to initiate any legal action for recovery of cost/penalty or any other measures, as it may deem fit.
6.13
While availing any of the payment method/s available on the Website, the Company will not be responsible or assume any liability whatsoever in respect of ay loss or damage arising directly or indirectly to you.
6.14
All transactions or deals between a User and the Broker are on a principal- to principal basis as between them and the Company shall not be liable or responsible for the non-completion of any deal or transaction or any loss or damage suffered by the Users as regards to the deals/transactions undertaken on the Broker’s platform.
7. Content of the Website
7.1
For the purpose of these Terms and Conditions, the term “Content” includes, without limitation, information, data, text, written posts and comments, images, algorithms, software, scripts, graphics, market predictions, and interactive features generated, provided or otherwise made accessible on the Website or through the Services.
7.2
The Services shall contain Content specifically provided by us and/or our partners or licensors and such Content is protected by copyrights, trademarks, trade secrets or other proprietary and intellectual property rights and laws. Your use of the Content shall at all times be subject to these Terms and Conditions and you shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
7.3
While the Company uses reasonable efforts to include accurate and up-to-date information on the Website, the Company makes no warranties or representations as to its accuracy. The Company does not assume any liability or responsibility for any errors or omissions in the Content.
8. User Content
8.1
All content created, added, uploaded, submitted, distributed, communicated or posted on the Website by Users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the User/person who originated such User Content. The Website permits the submission of User Content and the hosting, sharing, and/or publishing of such User Content. Notwithstanding anything contained herein, the User shall be solely responsible for User’s own User Content and the consequences of posting or publishing them. 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.
8.2
You acknowledge that all Content and User Content, accessed by you using the Services, 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, or User Content you access on the Website or through the Services is or will continue to be accurate. The Company does not and will not claim any ownership over or rights to the User Content, except to the extent stated herein.
8.3
In connection with the User Content, the User affirms, represents, and/or warrants that: (i) the User owns or has the necessary licenses, rights, consents, permissions and authorizations to use and authorise the Company to use, all User Content, including to enable the Company to include and use the User Content for the purposes and in the manner contemplated by these Terms and Conditions; (ii) the User has the written consent, authorisation, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by these Terms of Use; and (iii) the Company will not be subjected to any claim, actions, liabilities, loss and damage as a result of its use of the User Content.
8.4
By submitting any User Content to the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing, part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your arrangement with us or the Services.
8.5
By submitting any User Content to the Website, you also hereby do and shall grant each User (only to the extent such User Content is accessible to other Users) a non-exclusive and perpetual license to access any of your User Content that is available to such User on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your arrangement with us or the Services.
8.6
For clarity, the foregoing licenses granted 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, contractual rights, or any other intellectual property or proprietary rights.
8.7
The Company: (i) cannot control the User Content and other information provided by Users which is made available on the Website; (ii) does not research, endorse, validate or certify the User Content and any other information submitted/uploaded by Users on the Website nor assumes that all User Content and information will be complete, accurate, truthful, trustworthy and reliable; and (iii) expressly disclaims any and all liability in connection with User Content.
8.8
As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, the Company hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
8.8.1
belongs to another person and to which the User does not have any right to;
8.8.2
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
8.8.3
harm minors in any way;
8.8.4
infringes any patent, trademark, copyright or other proprietary rights;
8.8.5
violates any law for the time being in force;
8.8.6
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
8.8.7
impersonate another person;
8.8.8
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
8.8.9
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
9. Mandatory Rules of Conduct
9.1
As a condition of use of the Website and the Services, you promise and undertake not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activities in connection with the Services and the activities of any person who uses your User Account or who uses your computers, systems, mobiles, machines, communication devices, network and others’ applications and resources.
9.2
By using the Website and the Services, you agree specifically that: (i) you will use your own independent and informed judgement before making any decision to buy, sell or trade in any Securities and the Company is not providing you any advice or making any recommendation
9.3
with respect to any deal or transaction which may be in the nature of investment advice, as defined under the SEBI (Investment Advisers) Regulations, 2013; (ii) you do not expect the Company to, and understand that the Company does not, evaluate, confirm, verify or endorse any content, whether viewed on the Website or otherwise or otherwise conduct its own independent due diligence; (iii) you are not relying on the Content, or any data and information that appears on the Website to make any decision related to your Broker’s Account; (iv) you are solely responsible for complying with any applicable law regarding any transaction carried out with the Broker; (v) you will obtain such professional advice as is appropriate to protect your interest, including legal, accounting, tax, financial and other advice; (vi) there is a great risk of incurring losses and damages as a result of any investment activity (purchase and/or sale of Securities) through your Broker’s Account and that you are willing to undertake this risk at your own will; and (vii) any investment decision taken by you pursuant to the use of the Services are at your own will and risk and you are able to bear the loss of all the money you invest, after completely understanding the risks involved in such financial transactions.
9.4
You agree that you shall not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share content, information, data, software, and/or materials on or through the Services that: (i) you do not have the right, authority or license to make available, whether under law, contract or otherwise; (ii) is unlawful, threating, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane, contains or depicts pornography, or is otherwise inappropriate as determined by us, in our sole discretion; (iii) is false, misleading, untruthful or inaccurate; (iv) is invasive of another’s privacy; (v) violates the publicity or proprietary or intellectual property rights of third parties; (vi) impersonates any person or entity, including any of our employees, agents, representatives or sub-contractors or falsely states or otherwise misrepresents your affiliation with any person or entity or expresses or implies that the Company endorses any statement you make; (vii) includes anyone’s identification documents or sensitive financial information or any personal information about another individual or any information that may be used to track, contact or impersonate that individual; (viii) discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, or non-public information; (ix) constitutes unauthorized or unsolicited advertising; (x) violates any law, statute, ordinance or regulation; (xi) would give rise to criminal or civil liability (under tort or otherwise); (xii) that encourages conduct that constitute an offense or that encourages or provides instructional information about illegal activities; (xiii) has the potential to create liability for us; (xiv) could cause us to lose, in whole or in part, our relationship with our Users, clients, business partners, licensors, services providers or other suppliers; (xv) interferes with or disrupts the operation of the Website/Services or the servers or networks used to make the Website/Services available, or violate any requirements, procedures, policies or regulations of such networks; and (xvi) threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
9.5
You shall not (directly or indirectly): (i) disclose any sensitive, proprietary or confidential information, about yourself or anyone else or knowingly disseminate information that you know, reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to; (ii) misrepresent the source of your content; (iii) use the Website or the Service in violation of any local, state or central law, rule or regulation or otherwise in violation of any law, rule or regulation which you may be subject to; (iv) use the Service in a manner that would violate the lawful privacy rights of any person or to publish or republish defamatory or libelous statements, or to harass or embarrass any person; (v) use the Service in a manner which could cause loss, damage or personal injury to any person; (vi) use the Service for any fraudulent or unlawful purpose or for the promotion of illegal activities; (vii) use the Services if you are a competitor of the Company or for reasons that are in competition with the Company; (viii) use the Services, the Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other persons use and enjoyment of the Services; (ix) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other computer systems, resources or networks connected to the Services); (x) run any form of auto-responder or “spam” on the Services; (xi) use manual or automated software, device, or other processes to “crawl” or “spider” any page of the Website; (xii) obtain or attempt to gain unauthorized access to other computer systems, resources, materials, information or any services available on or through the Website through any means, including through means not intentionally made publically available or provided for through the Website; (xiii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party service providers’) infrastructure; (xiv) interfere or attempt to interfere with the proper working of the Website and Services or any activities conducted on the Website; (xv) use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injuries code, including but not limited to: (a) trojans, (b) key loggers, (c) viruses, (d) malware, (e) botnets, (f) denial of service attacks,(g) flood or mail bombs,(h) logic bombs, or (i) other actions which the Company reserves the sole right to determine to be malicious in intent; (xvi) make improper use of our Services or submit false reports of abuse or misconduct; (xvii) disparage, tarnish or otherwise harm the Company, including the Website and the Services; (xviii) offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and (xix) use the Website or the Service in violation of these Terms and Conditions or otherwise take any action in violation of our guidelines and policies.
9.6
In using the Services, you must comply with, and refrain from violations of, any right of any other persons, entity, law or contractual duty, including without limitation laws forbidding: (i) distribution of child pornography;(ii) forgery, identity theft, misdirection or interference with electronic communications; (iii) invasion of privacy; (iv) unlawful sending of commercial electronic message or other marketing or electronic communications; (v) securities violations, wire fraud, money laundering, or terrorist activities; or (vi) false advertising, propagating or profiting from fraudulent and unfair schemes.
9.7
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application); (ii) modify, translate, or otherwise create derivative works of any part of the Services; and/or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
9.8
You shall abide by all applicable local, state, national and international laws and regulations with respect to the use of the Website and Services.
9.9
You shall not use the Services in violation of the copyrights, trademarks, patents, trade secrets or other intellectual property rights of third parties, nor shall you utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The applicable laws governing intellectual property will apply to issues of copyrights violations. The Company will, in appropriate circumstance, terminate access to the Website/Services of violators. If a third party believes that you have violated their intellectual property rights and notifies us, we will forthwith take all necessary action, including but not limited to immediately terminating your access to the Website/Services.
9.10
Any activity that you are prohibited from performing under these Terms of Use is equally prohibited to anyone using your User Account, computers, systems, mobiles, machines, communication devices, network and others’ applications and resources to access the Services.
9.11
You shall: (i) be fully responsible for the acts of others utilizing your access to the Services, and will be held responsible for violations of the Services by your sub-Users or persons who gain access to the Services using your User Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources; (ii) utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with access to your User Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources and information; (iii) notify all persons who receive access to the Services of the provisions of these Terms and Conditions, and shall inform them that the terms of these Terms and Conditions are binding upon them; and (iv) notify the Company if and when you learn of security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or the Company to cure the security breach.
9.12
You shall assume full legal responsibility for any access and use of the Services, and in the event of any breach of this duty resulting in legal claim against the Company, you shall defend, indemnify and hold the Company harmless from all claims and damages arising therefrom.
9.13
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms and Conditions, including investigation of potential violation hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support request; and (v) protect the rights, property or safety of us, our Users and the public.
9.14
You are solely responsible for any reliance by you on the Services or other use you make of the Services. Comments, suggestion, feedback, ideas, material or other information sent or transmitted to the Company, either through the Website, email or otherwise (collectively “Feedback”), shall be deemed to be and treated as non-proprietary and non-confidential. Subject to the conditions described in the Company’s Privacy Policy, the Company shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including but not limited to developing and marketing the Services. The Company reserves the right to publish or use the Feedback for promotional or other purpose without any further permission, notice or payment of any kind to the sender. All such Feedback will be the property of the Company. The Company reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Feedback in any way as it deems fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Feedback in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Feedback within or in connection with the Company’s products or services. If you provide a Feedback, you represent and warrant that you own or otherwise control the rights to the Feedback. You further represent and warrant that such Feedback does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You shall not use a false email, address, impersonate any person or entity, or otherwise mislead the Company as to the origin of any Feedback. You agree to indemnify the Company for all claims arising from any claim to any rights in any Feedback or any damages arising from any Feedback.
9.15
The enumeration of violations in this Section 9 is not meant to be exclusive, and the Company has and will exercise its authority to take any action which is necessary to protect the Services, Users and third parties from acts that would be inimical to the purpose of this Section.
10. Privacy
10.1
We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. Our Privacy Policy governs our collection, use and disclosure of your personal information and is incorporated into and forms an integral part of these Terms and Conditions. Please read it carefully. It describes what information we collect from you and when, how and why we collect information from you, whom we share your information with and when and how you can opt-out. This is important information. By using our Services, you specifically consent to our Privacy Policy.
11. Confidentiality
11.1
Each User shall use commercially reasonable efforts to keep confidential, any and all data and information about the Company (“Confidential Information”), whether written, oral or visual, disclosed to it by the Company or which comes into its possession or knowledge, from time to time. You shall not disclose the Confidential Information to any others, except as may be required by law or as may be required to be disclosed on a strictly "need-to-know" basis for implementing the terms hereof.
12. Intellectual Property Rights and Ownership
12.1
The Website and all information and Content available on the Website and its “look and feel”, including but not limited to trademarks, logos, service mark, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data complications and software, and the compilation and organization thereof is the property of the Company, its affiliates, partners or licensors, or is used with consent of the owner and is protected by laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific written permission is provided by us. Any unauthorized use shall violate copyright laws, trademark laws and other applicable intellectual property laws.
12.2
The Website contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by the Company, including but not limited to, the marks “Patterneffects”,“IndexUno” and “Value Uno” (collectively, “Company Marks”). The Company and the Company Marks referenced in the Website are the intellectual property rights of the Company. Any unauthorized use of the same is strictly prohibited and all rights in same are reserved by the Company. No use of any the Company Marks may be made by any third party without the express written consent of the Company.
12.3
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content obtained through the Website for any commercial purposes. If you download or print any Content for personal use, you must retain all copyright and other proprietary notice contained therein.
12.4
Subject to these Terms and Conditions, we grant each User a non-exclusive, revocable, non-sublicensable, non-transferable and limited license to access the Website solely for the purpose availing the Services.
Nothing contained on this Website should be construed as granting, by implication or otherwise, any right, license or title to any of the Company’s intellectual property and the Company Marks, without the advance written permission of the Company or such third party as may be appropriate. All rights are expressly reserved and retained by the Company. Your misuse of any of the Company Marks displayed on the Website, or any other Content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Company considers its intellectual property to be among its most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent of the law.
13. Disclaimer (within Terms)
13.1
You acknowledge that we have no duty to take any action regarding: (i) which Users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content.
13.2
The Website, the Services, the Content, including without limitation any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including, but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, non-interference with data, availability, accuracy, that you will have continuous, uninterrupted or secure access to our Services or that the Services are error free and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
13.3
We, and our directors, officers, employees, consultants, sub-contractors, suppliers, partners, content providers, agents and representatives do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available through the Services is free of viruses or other harmful components; and/or (iv) the result of using the Services will meet your requirements. Your use of the Services is solely at your own risk. The Services contain information provided by one or more third party data providers. The Company does not control and is not responsible for the information provided by any such third party provider. You acknowledge and agree that neither the Company nor any such third party provider has any obligation to correct information about you except as required by applicable law. Information you request may not be available or may not be provided, and the Company has no liability for such failure. In no event will the Company warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness of any information, the Contents and/or Services. The information, contents, products and services available on the Website may include technical inaccuracies or typographical errors. Therefore, you agree that your access to and use of our Website, the Services and Content are at your own risk.
14. Non-Solicitation
14.1
You shall not, either directly or indirectly: (i) solicit, induce, encourage or attempt to solicit, induce or encourage any of the officers, directors, employees, consultants, agents, representatives or sub-contractors of the Company (collectively “Company’s Personnel”) for employment, unless prior written permission is obtained from the Company; (ii) induce or encourage or attempt to induce or encourage any of the Company’s Personnel to breach any obligations of the Company under these Terms and Conditions; and/or (iii) independently avail the services of any of the Company’s Personnel under any circumstances whatsoever, without the prior written consent of the Company.
15. Non-Circumvention
15.1
You shall not, directly or indirectly, contact, deal with or otherwise become involved with (or enter into any transaction with) any of the Company’s Personnel in connection with availing the Services for the purpose of avoiding the payment, to the Company, of fees, charges or otherwise, without the specific written approval of the Company. All communications with respect to the Services shall be submitted directly to the Company through the means and modes provided on the Website and in accordance with the provisions contained in these Terms and Conditions.
16. Third Party Services
16.1
The Services may permit you to link to other websites, services or resources on the internet, and other websites, services or resources, may contain links to the Services. The use of any website which are controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by these Terms and Conditions. When you access third party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resources. It is your responsibility to protect your systems from items such as viruses, worms, trojan horses and other items of a destructive nature. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third party links that may appear on the Website. You hereby agree to hold the Company harmless from any liability that may result from the use of third party links that may appear on the Website.
17. Indemnification
17.1
You shall defend, indemnify, and hold harmless us, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers from all losses, claims, damages, liabilities, penalties, judgments, costs, expenses (including without limitation reasonable legal costs), charges, actions, proceedings and demands brought against or suffered by any of them resulting from, arising out of or relating to your (or any third party using your identity or your User Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources): (a) use or misuse of, or access to, the Services, Content, or otherwise from your User Content; (b) violation or breach of any term of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein; and (c) violation of any rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
18. Limitation of Liability
18.1
In no event shall we, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services: (i) for any lost profits or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination), or (iii) for any direct damages in excess of the fees paid to us for the Services, even if the Company has been advised of, knew, or should have known, the possibility thereof. You acknowledge that the Company would not enter into this agreement without these limitations. You hereby waive any and all claims against the Company arising out of your use of the Services, or any conduct of the Company’s Personnel. Your sole and exclusive right and remedy in case of dissatisfaction with the Services/Company Personnel or any other grievance shall be your termination and discontinuation of access to or use of the Services.
18.2
In addition, you agree that the Company is not responsible for any data compiled by our Services and that the Company will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. In no event shall the Company, or any third party provider of any component of the Services or of any information delivered as part of the Services, be liable to you and/or any party for any damages of any kind, including but not limited to direct, indirect, special, exemplary, punitive, consequential or similar damages arising out of or related to the Services, the Content, the use or inability to use this Website, or any linked website, including without limitation, lost profits or other economic losses, , business interruption, , loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if the Company is advised of the possibility of such damage, including liability associated with any viruses which may infect your computer equipment.
18.3
The Company shall not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including, but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
19. Termination
19.1
The Company reserves the right, in its sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms and Conditions.
19.2
Any such termination may result in the forfeiture and destruction of information associated with your User Account.
19.3
Upon termination of your access to the Website or Services for any reason, you shall destroy and remove from all computers, devices, equipment and other storage media all copies of any intellectual property owned by the Company that you acquired through the Services.
19.4
Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to the Company before such termination shall become immediately due and payable, including any liabilities that may have been incurred prior to termination such as, the Company’s costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to the User will immediately be terminated, and the User shall promptly discontinue all use of the Services.
19.5
If you wish to terminate your User Account, you may do so by following the instructions on the Website or through the Services or writing to us at info@patterneffectslabs.com / www.patterneffects.com
19.6
All provisions of these Terms and Conditions which, by their nature should survive termination shall survive termination, including, without limitation, the provisions governing licenses to the User Content, ownership of intellectual property, warranty disclaimers, indemnity and limitation of liability.
20. Governing Law, Jurisdiction and Dispute Resolution
20.1
These Terms and Conditions will be governed by the laws of India. Further, the courts of Bengaluru, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms and Conditions and you agree to irrevocably submit to the exclusive jurisdiction of such courts.
20.2
The concerned parties shall amicably resolve any and all disputes arising out of or in connection with these Terms and Conditions, failing which the disputes shall be settled in accordance with provisions of the Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator to be appointed by the Company. Any arbitral award shall be final and binding on the parties. The seat of the arbitration shall be Bengaluru, India. The language of arbitration shall be English.
21. Miscellaneous Provisions
21.1
Interpretation: The section and paragraph headings in these Terms and Conditions are for convenience, solely for the purpose of reference and shall not, in any way affect the meaning or interpretation of these Terms and Conditions. Further, where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine gender and/or neutral gender and vice-versa. Any reference to a party, person or User in these Terms and Conditions shall include a reference to its successors in title/interest and assigns. All references to “laws”, “rules”, or “regulations” shall be to such laws, rules and regulations as amended, supplemented, or re-enacted from time to time and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
21.2
Force Majeure: The Company shall be not have any liability for failure to fulfill any obligation on account of force majeure reasons or reasons beyond its control, including, but not limited to any act of god, act of government or any authorities, malicious third party attacks on the Website, electrical power fluctuations or failures, electrical or electromagnetic stress, environmental factors, failure of public utilities, labour unrest, hostilities between nations, war, riot, civil commotions, civil war, insurrection, blockades, national emergency, explosion, rainstorms, earthquake, fire, flooding, or other exceptional weather conditions or natural disasters, acts of terrorism, accidents, sabotages, strikes, shortages in supply, destruction of service facilities, infectious diseases, epidemics, utility or telecommunication outages, internet disturbance or any unforeseen change in circumstances.
21.3
Waiver: Failure of the Company to require performance of any provision of these Terms and Conditions shall not affect the Company's right to full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of the Company.
21.4
Entire Agreement: These Terms and Conditions, the Privacy Policy, the Disclaimer, the Payment Schedule, including all related agreement and policies incorporated by reference herein, constitute the entire agreement between you and the Company related to the subject matter hereof.
21.5
Independent Rights: Each of the rights of the Company are independent, cumulative and without prejudice to all other rights available to it under law, equity or otherwise, and the exercise or non-exercise of any such rights shall not prejudice or constitute a waiver of any other right by the Company, whether under these Terms and Conditions or otherwise. The rights of the Company with respect to any matter conferred under any provision of these Terms and Conditions shall be in addition to any other rights conferred under any other provision of these Terms and Conditions, in law or in equity.
21.6
Severability: If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future laws such provision shall be fully severable. Thereafter, these Terms and Conditions shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions. Furthermore, in lieu of each such illegal, invalid or unenforceable provision, we shall add as a part of these Terms and Conditions, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
21.7
Evidence: Subject to the applicable laws of evidence, you hereby agree not to object to admission of these Terms and Conditions as evidence in legal proceedings.
21.8
Assignment: These Terms and Conditions and agreement evidenced by it is personal to you and is not assignable or transferable by you. We may assign, transfer or delegate any of our rights and obligations hereunder to any person without your consent.
21.9
No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
21.10
Notices: Any notices, requests and other communications required or permitted hereunder to be provided by the User to the Company shall be in writing, in English language, and shall be given by hand against written acknowledgement or receipt, or sent by registered mail, or by facsimile followed by a confirmation letter by registered mail, or by email followed by a confirmation of receipt. All notices will be deemed to have been duly given when received by the Company. Unless otherwise specified in these Terms and Conditions, electronic notices should be sent to the Company at info@patterneffectslabs.com. The Company will send its notices to the Users by way of an email at the email address provided by the Users.
Contact
You may contact us at the following address:
Pattern Effects Labs Private Limited.
Address: Workafella Infantry Road, 150, 1, Infantry Road, Opp. Office of Commissioner of Police, Vasanth Nagar, Bengaluru-560001.
Effective Date: April 04, 2019
Copyright 2018: Pattern Effects Labs Private Limited. All rights reserved. No part of the Company's Website may be copied, reproduced, modified, or distributed in any form or manner without the prior written permission of the Company.