Terms of Use - LogoRage

This Terms of Use (“TOU”) is published by LOGORAGE a vertical of KALIQ MEDIA LLP, a limited liability firm incorporated under the Limited Liability Partnership Act, 2008, having its registered office at No.3054, Sukrutha, 19^th Cross, 2^nd Main Road, BSK 2^nd Stage, Bangalore-560070 LLP identification no. AAS-2090 hereinafter referred to as “Logorage” which term, unless repugnant to the context or meaning thereof, shall mean and include its directors, employees and associates to provide the terms of use that will be applicable in the context of https://logorage.scgbsolutions.com (hereinafter referred to as its “Website”) and govern the persons visiting (hereinafter referred to as “Visitor/s”) or signing up/registering on Website (hereinafter referred to as “Registered User/s”) (Visitors and Registered User/s shall collectively be referred to as “Users”).

This TOU should be read with the Privacy Policy published in the privacy policy section of the Logorage Website. USERS ARE HEREBY NOTIFIED THAT BY USING THE LOGORAGE WEBSITE IT IS DEEMED THAT THE VISITORS HAVE CONSENTED TO THIS TOU AND BY ACCEPTING THE TOU AND PRIVACY POLICY AT THE TIME OF REGISTRATION IT IS DEEMED THAT THE REGISTERED USERS HAVE CONSENTED TO THIS TOU AND THAT THE USER REPRESENTS TO LOGORAGE THAT THEIR AGE IS 18 YEARS OR MORE THAN 18 YEARS AND THAT THEY ARE AUTHORISED TO USE THE LOGORAGE WEBSITE AND TO ENTER INTO THIS AGREEMENT. IF A VISITOR DISAGREES WITH THE TERMS OF THIS TOU OR THE WEBSITE OR INTENDS TO WITHDRAW THEIR CONSENT TO THE SAME THEN SUCH USER SHALL IMMEDIATELY CEASE USING THE LOGORAGE WEBSITE. IF A REGISTERED USER WISHES TO WITHDRAW CONSENT TO THESE TERMS THEN SUCH REGISTERED USER IS REQUIRED TO COMMUNICATE THE SAME TO THE GRIEVANCE OFFICER WHOSE DETAILS ARE PROVIDED IN THE PRIVACY POLICY ON THE LOGORAGE WEBSITE IN THE MANNER SPECIFIED THEREIN.

This TOU and the Privacy Policy is a legally binding contract between the User and Logorage (as provided in the Indian Contract Act, 1872, Information Technology Act, 2000 and the Information Technology rules) and hereby specifies the following terms:-

The User is prohibited from publishing, hosting, displaying, uploading, modifying, transmitting, posting, communicating, updating or sharing any information that —

(a) belongs to another person and to which the user does not have any right to;

(b) is grossly harmful, harassing, abusive, 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;

(d) infringes any patent, trademark, copyright or other proprietary rights and third party intellectual property rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any

information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defense, security or sovereignty of India, 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.

(j) can be considered as unsolicited messages (commercial or otherwise).

By (the User) continuing to the use of the Logorage Website and providing consent in the manner specified above, it is hereby agreed that the User has gone through the terms of this TOU and the terms of the Privacy Policy and is aware of all aspects related to the information collected from such User.

If the User wish to place an order for the services available on the Website, User may be asked to supply certain information relevant to their order including, without limitation, User’s name, User’s email, User’s phone number, and such other details as required to provide services.

User represent and warrant that the information User supply to us is true, correct and complete.

By submitting such information, User grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of User’s order.
We reserve the right to refuse or cancel Your order at any time for certain reasons including but not limited

Error in the description of price of services.
Error in Your order
In case of a force-majeure situation as described in clause 23.
if fraud or an unauthorized or illegal transaction is suspected.

The User agrees and understands that the services provided by Logorage varies on the nature and package of the services, thus the details of the services and the procedure followed to obtain such services shall be ascertained from the Website.
Logorage believes and represents that the services provided by Logorage are at the satisfaction of User and thus there is no refund and cancellation policy. The Price of the services shall be exclusive of taxes.
The User agrees to not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Logorage Website;

User agrees and understands that in the event Logorage learns (either through itself or through reports from other Users or third parties) that the User is contravening with any of the provisions of this TOU or the Privacy Policy or any law for the time being in force then without prejudice to other available rights and remedies, Logorage shall at all times and its sole discretion be entitled to disable, block, restrict the User’s access to the Logorage Website and remove any or all information (including but not limited to the contravening information) of the User from the Logorage Website without notice to the User. Logorage shall also be entitled to share such information with government authorities, attorneys, regulatory bodies and law enforcement agencies.

The User hereby understands that unless agreed otherwise in writing, Logorage shall not be responsible to indemnify any losses suffered by the User.

The User agrees and acknowledges that Logorage shall at no point in time be liable for the losses, damages, expenses suffered by the User owing to the disclosure of information (that is consented by the User as detailed in this TOU and the Privacy Policy or that is lawfully disclosed by Logorage to government, investigative or regulatory authorities) by Logorage. The User agrees and understands the revocation of consent to this TOU or Privacy Policy by a Registered User shall be effective from the date Logorage acknowledges the intimation of revocation of consent by the User and such revocation shall not have retrospective effect under any circumstances.

IT IS HEREBY EXPLICITLY CLARIFIED THAT LOGORAGE SHALL NOT BE LIABLE AND DOES NOT EXPRESSLY OR IMPLIEDLY MAKE ANY WARRANTIES TO THE ACCURACY, TECHNICAL CORRECTNESS, BONAFIDES, AUTHENTICITY OF ANY INFORMATION ON THE LOGORAGE WEBSITE(INCLUDING BUT NOT LIMITED TO PRICE, DESCRIPTION, ADVERTISEMENTS, CONTENT ON THIRD PARTY LINKED WEBSITES) AND THAT (UNLESS OTHERWISE AGREED IN WRITING BETWEEN THE INFORMATION PROVIDER AND LOGORAGE) LOGORAGE IS PUBLISHING THEM ON AN AS-IS BASIS OR BASED ON THE INPUTS RECEIVED FROM SUCH INFORMATION PROVIDERS. LOGORAGE SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE USERS THAT RESULT IN THIRD PARTY INTELLECTUAL PROPERTY RIGHT INFRINGEMENT.

WHILE LOGORAGE MAY EXERCISE BEST EFFORTS WITH REGARD TO THE TECHNICAL UPKEEP, MAINTENANCE AND AVAILABILITY OF THE LOGORAGE WEBSITE, LOGORAGE SHALL UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OF DATA OF THE USER OR FOR LOGORAGE WEBSITE FAILURE OR LOGORAGE WEBSITE RELATED PROBLEMS (TECHNICAL OR OTHERWISE). FURTHER IT IS HEREBY CLARIFIED THAT LOGORAGE MAY AT ANY POINT IN TIME AND ITS SOLE DISCRETION MIGRATE, TRANSFER OR SHUT DOWN OR MODIFY THE LOGORAGE WEBSITE OR ANY PART THEREOF WITHOUT NOTICE TO THE USER.

15. It is hereby clarified that in the event the User notices any content on the Logorage Website that infringes the intellectual property rights of any third party then the User shall have the option to report the same by writing to the Grievance Officer whose details are provided in the Privacy Policy. Upon receipt of such reports Logorage shall act in a time bound manner in this regard. For other general feedback and inputs or reports (other than those specified in this TOU and the Privacy Policy) the User is encouraged to reach out to us in the “contact us” page of the Logorage Website.

IT IS HEREBY CLARIFIED THAT LOGORAGE’S (AND ITS PARTNERS) GROSS LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTES, LOSSES, DAMAGES OR EXPENSES INCURRED OR SUFFERED BY THE USER BY THE USE OF LOGORAGE WEBSITE OR THE CONTENT THEREIN OR SERVICES PROVIDED BY LOGORAGE SHALL NOT EXCEED RS.1000/-(RUPEES ONE THOUSAND ONLY) OR THE AMOUNT OF ORDER VALUE, WHICHEVER IS LESSER

IN THE EVENT LOGORAGE FACES ANY SUITS OR CLAIMS OR SUFFERS ANY – LOSSES OR DAMAGES OR INCURS ANY EXPENSE OWING TO THE ACTS OR OMISSIONS (INCLUDING BUT NOT LIMITED TO THE CONTRAVENTION OF THIS TOU OR PRIVACY POLICY OR APPLICABLE LAW) OF THE USER THEN SUCH USER SHALL FULLY AND WITHOUT LIMITATION INDEMNIFY, PROTECT AND HOLD HARMLESS LOGORAGE, ITS DIRECTORS, EMPLOYEES AND ASSOCIATES FROM AND AGAINST SUCH LOSSES.

In the event Logorage has executed a separate written agreement with the User pertaining to the subject matter hereof then such agreement shall be read with the Terms of this TOU and Privacy Policy, incase of any conflict between the terms of such specific agreement and this TOU and Privacy Policy, the terms of such specific agreement (to the extent of the conflicting portion only) shall prevail.

This TOU and Privacy Policy shall be governed by the laws of India. User agrees that all disputes shall be subject to Arbitration by sole arbitrator appointed by Logorage and the courts of Bangalore shall have the exclusive jurisdiction to decide any disputes between the parties (i.e. for obtaining interim relief and/or for enforcing the arbitral award). User and Logorage shall bear their respective cost incurred during the dispute resolution process.

Logorage may amend or alter or vary this TOU and the Privacy Policy at any time and shall inform the User from time to time. In case of non-compliance with this TOU and Privacy Policy, Logorage has the right to terminate the access or usage rights of the users.
If any term or condition of our TOU and Privacy Policy shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the TOU shall continue in force without such term or condition.
No delay or failure on Logorage’s part to enforce our rights or remedies under the Terms of Use or other policies shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
Logorage shall not be liable for any failure or delay in performing any of its obligations under this TOU or Privacy Policy if such delay or failure is attributable to reasons beyond its control or due to a force-majeure event (including but not limited to natural disasters, strikes, lock-outs, labour problems, work stoppages, riots, acts of terrorism, technical problems or failures, delays or failure of services by vendors).
User is responsible for making all arrangements necessary for them to have access to Logorage Website and thereby the Services. User is also responsible for ensuring that any persons who access Logorage Website through User’s account are aware of these terms, and that they comply with them. User is also solely responsible and liable to Logorage Website for all activities that take place or occur under User’s account. User agrees that their ability to log into their account is dependent upon external factors such as internet service providers and internet network connectivity and Logorage shall not be liable to User for any damages arising from your inability to log into User account.