Terms of use for Strategic Fulcrums, products and properties

Updated as of 21 November, 2023  

Welcome to  WhifCal’s Terms of Use.

By using our Properties and our products, you accept our terms of use as laid down below.

WhifCal.com website, WhifCal Application, its variations and versions (collectively, ‘Properties’) are property of Strategic Fulcrums Pvt. Ltd. Strategic Fulcrums and the SFCompass logo both are registered trademarks of Strategic Fulcrums Pvt. Ltd.

WhifCal | Thinking, Calculated logo is a registered trademark of Strategic Fulcrums Pvt. Ltd. WhifCal copyrights owned by Strategic Fulcrums Pvt. Ltd. 

These terms apply to WhifCal Properties and content, (hereinafter referred to as “We”, “Our”, and “Us”) operating under the brand name “WhifCal”. We intend to ensure your steady commitment to the usage of this Website, applications, products and the services provided by us across Properties.

All text, graphics, User interfaces, visual interfaces, audio, inputs, photographs, trademarks, logos, brand names, underlying code, function names and descriptions, products, sounds, music and artwork, displayed on the ‘Properties’ will be collectively referred to as ‘Content’ for purposes of these terms of use and privacy policy.

For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Owners of Properties. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of Properties provided by us and who is competent to enter into binding contracts, as per law. “Third Parties” refer to any Website, platform or individual apart from the Users and the creator of these Properties.

GENERAL TERMS

1. The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Properties.

2. The use of Properties are solely governed by these Terms of Use, Privacy Policy that may be uploaded on the Properties and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Properties, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.

3. You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

4. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Properties, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting any part of the Properties constitutes your full and final acceptance of these Terms of Use and the Privacy Policy.

5. We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, You must stop using the Properties at once. Your continued use of the Properties will signify your acceptance of the changed terms.

 OVERVIEW

The Platform advises, designs and implements fundamental solutions for both businesses and retail Users. These involve software, hardware and operational improvements or a combination of these, made as needed to help our clients achieve their respective goals. Towards this purpose, depending on the problem at hand, we will collect business and technical information from the Users.

For business Users, information includes their business information including but not limited to operating and financial information of their businesses. This could also include information that is collected through technical data collection using standard analytics and measurement tools as well as device and network information such as make, model, IP addresses, etc.

For retail User, this could include standard measurement data collected through tools such as Google analytics, etc. In case of applications this could include technical information related to the device such as make, model, IP addresses, etc.

None of this information is shared outside the Platform without explicit consent of the User. We may however use some of the technical information internally to help us understand usage of our products and services, as well as to improve them through feature enhancements and bug fixes.

REGISTRATION 

Where applicable, if the Registration on the properties is mandatory, the Users can register by providing some or all of the following information as may be requested:

• Name

• Email ID

• Phone Number

• Address

ELIGIBILITY

1. You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Use following the Law. However, if you are a minor using this Properties, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.

2. You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.

3. You shall not use the Properties if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

CONTENT

All Content (defined above), displayed on the Properties is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us as the copyright owner. Our acknowledgement page provides some exceptions to this list (for example when the content rights are owned and retained by artist). However you are advised to confirm this by writing to us at “Hello”at”WhifCal"dot"com”.

Where you create or contribute content you, are solely responsible for the integrity, authenticity, quality and genuineness of the content you may have provided on the Properties and whilst feedback and comments by You can be made via the properties, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Properties. Further, the Properties reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Properties or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Properties. You shall not copy, adapt, and modify any of our content without explicit written permission from Us.

INDEMNITY

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agrees to hold the Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

1. Your use of the Properties, 

2. Your violation of these Terms of Use; 

3. Your violation of any rights of another; 

4. Your alleged improper conduct according to these Terms of use;

5. Your conduct in connection with the Properties; 

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Properties and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

1. The properties, content, products and services are provided on an “as is” basis.

2. We are not responsible for any consequences arising out of the following events:

   1. If the properties are inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;

   2. If you have fed incorrect information or data or for any deletion of data;

   3. If there is an undue delay or inability to communicate through email;

   4. If there is any deficiency or defect in the Services provided/managed by Us;

   5. If there is any deficiency or failure in the functioning of any other service provided by Us.

3. We accept no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the our services. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Properties.

4. You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.

5. The Properties expressly exclude any liability for any loss or damage that was not reasonably foreseeable by the Properties and which is incurred by you in connection with the Properties, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.

6. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Properties.

PRICING AND PAYMENTS

WhifCal subscription packages and prices may differ from country to country. The price of subscription or whether or not the subscription is offered in a given country or at a given time shall be determined by the Company, in its sole discretion.

You can find the up-to-date Subscription Fees for WhifCal in the pricing and subscription section on the homepage of the website. We reserve the right to update Subscription Fees periodically and across different regions, so we ask Users to kindly regularly check the pricing structure on the homepage.

The pricing for our subscription-based services will be clearly presented to you during the sign-up process on our website or on the respective platforms such as Apple App Store or Google Play Store. The specific location of this pricing information may vary over time.

By subscribing to our services, you agree to pay the fees as stated at the time of your subscription purchase and as may be updated periodically.

We may occasionally offer fixed-term or fixed-payment frequency options to users. The currency for your subscription payment will be specified during the order process, based on the service and your country of residence. Any eligibility for discounts will be determined at the time of subscription and cannot be altered during the subscription period.

We will always notify you in advance of any subscription price increases and provide you with the option to cancel your subscription if you choose not to continue at the revised price.

In accordance with Indian law, when you purchase a subscription, you are required to provide us with complete and accurate payment information and any other details as specified by the Company. By submitting your payment information, you confirm and guarantee that you have the lawful right to acquire a subscription using the provided payment details. 

In the event that we do not receive payment authorization or if any authorization is subsequently canceled, we reserve the right to immediately suspend or terminate your access to the subscription-based service or your access to the entire range of services on the website.

In situations of suspicion, we may reach out to the issuing bank/payment provider, law enforcement authorities, or other relevant third parties. If you are eligible for a refund as per the terms and conditions, we will refund the amount to the same card or payment method you used for the initial payment, unless the payment method has expired, in which case we will contact you.

The Company utilizes third-party payment gateway services or platform providers to receive payments from users for its subscription-based services. By agreeing to these terms and conditions, you also consent to the sharing of your information and details with such third-party payment service providers. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

The Company will make every effort to process your subscription promptly, but it cannot assure that your subscription will be activated within any specific time frame. When you submit your payment and other subscription details, you are essentially making an offer to purchase a subscription from us. We will only accept your offer and establish a contract once we have successfully verified your payment details and email address. At that point, we will grant you access to your subscription.

The Company retains the unrestricted right to reject any offers from its users at its discretion, for any reason or without specifying a reason.

Along with the subscription fees for our services, you are responsible for covering any internet connection, telecommunications charges, or other associated costs that you may accrue while accessing our services. For instance, if you utilize our mobile services, your network operator may apply charges for data or messaging services.

Subscriptions and access to subscription-based services are subject to the relevant tax laws of India. Unless specified otherwise, the prices listed on the website already include applicable taxes, including but not limited to Goods and Services Tax (GST) and other relevant taxes.

The user acknowledges that content on the site or our advertisements may be subject to technical glitches and errors, including but not limited to inaccuracies in price lists and subscription details. In the event of an incorrect price being displayed due to technical glitches or errors, whether online or through other means, we are not obligated to provide a subscription at that price. Even if we have mistakenly accepted your offer to purchase a subscription at that price, we retain the right to subsequently inform you of any pricing error.

In such cases, you have two options. First, you may choose to cancel the subscription-based service without any obligations, and we will provide you with a full refund of any payment made. Alternatively, you may opt to pay the correct price if you wish to continue with the subscription. If neither of these choices is exercised, we reserve the right to cancel your access to our subscription-based services, and we will refund any money you have paid us in full. The Company always strives to act in good faith when determining whether a genuine pricing error has occurred or not.

TERM, RENEWALS, CANCELLATION AND REFUNDS

You have the option to select a subscription-based service with the term and duration specified by the company on the website. Depending on the platform used to sign up and access the product, you may be presented with the choice to enable auto-renewal. If you opt for auto-renewal, your subscription will automatically renew unless you cancel it before the renewal date to avoid being billed for the renewal period. We will send you an email notification at least 15 days before the renewal date.

For users who subscribe through the iOS platform, the subscription begins immediately after the free trial period for a chosen plan, if any such trial is offered at the company's discretion, ends, and upon the payment of subscription fees. Please note that the free trial will automatically convert to a paid subscription once the trial period ends. Users accessing the site/services through Android or the web app will need to make payments after the free trial, if applicable.

The subscription to our subscription-based services starts immediately upon payment of the subscription fees, and once your account is active, it cannot be canceled.

If you choose to pay annually and have opted for auto-renewal on the web, mobile web, or Android app, or if you are using the iOS app, you will receive a reminder notice at least 15 days before each renewal, stating the renewal rate. Unless you inform us before the end of your annual subscription period that you wish to cancel, your subscription will renew for another year, and the payment will be charged using the same card or payment method used previously.

TERMINATION

1.  These Terms of Use shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the properties.

2. ​​You shall continue to be bound by these Terms of use, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Use till the expiry of the same.

3. You may terminate your use of the properties at any time. 

4. You do not have the right to cancel your subscription or any part of it until the end of your current subscription period. While you can notify us of your intent to cancel at any time, such a notice will only take effect at the end of your current subscription period, and no refund will be provided (except as outlined in these terms). 

5. We reserve the right, in its sole discretion, to unilaterally suspend/terminate these terms of use or your access to the properties, or any portion thereof, at any time, without notice or cause. We also reserve the universal right to deny access to You, to any/all of are on properties without any prior notice/explanation to protect our interests and/or other Users to the Properties.

6. The company reserves the right to suspend or terminate your subscription if you violate these terms, with or without notice and without any further obligation to you, including any refund. Subscription may also be suspended or terminated if circumstances beyond our control prevent us from providing services to you.

7. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

8. It is also hereby declared that we may discontinue the Services and properties without any prior notice.

9. We reserve the right to limit, deny or create different access to the Properties and its features concerning different Users, or to change any of the features or introduce new features without prior notice.

10. In exceptional cases, the company may cease to discontinue properties entirely or partially such as discontinue its subscription-based services. In such situations, we will provide at least 15 days' notice if possible. If this occurs, our only obligation to you will be to refund the unused portion of your paid subscription.

COMMUNICATION

By using the Properties and providing your identity and contact information to Us through the Properties, You agree and consent to receive e-mails or SMS from Us and/or any of its representatives at any time.

You can report to “Hello”at"WhifCal"dot"com” if you find any discrepancy with regard to Properties or content-related information and we will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by Us relating to any services availed by You on the Properties or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of the Properties and you: 

1. Agree to provide genuine credentials during the process whenever required on the Properties. We are not liable if you have provided incorrect information. 

2. Agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided by you is valid at all times and shall keep your information accurate and up-to-date.

3. You agree that You are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

4. Understand and acknowledge that the data submitted is entered into the database of the Properties. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Properties.

5. Authorize the Properties to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.

6. Understand and agree that, to the fullest extent permissible by law, the Properties or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the properties or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the properties. Any such use/limited use of the Properties will only be allowed with the prior express written permission. 

8. Agree not to access (or attempt to access) the Properties and/or the materials or Services by any means other than through the interface provided by the Properties. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Properties or their content, or in any way reproduce or circumvent the navigational structure or presentation of the Properties, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Properties will lead to suspension or termination of your access to the Properties. We also reserve rights to initiate legal action including punitive damages, based solely on our assessment of the impact, arising out of any such actions. We disclaim any liabilities arising concerning such offensive content on the Properties. 

9. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Properties is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Properties, at our sole discretion.

You further undertake not to: 

1. Engage in any activity that interferes with or disrupts access to the Properties or the services provided therein (or the servers and networks which are connected to the Properties);

2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

3. Probe, scan or test the vulnerability of the Properties or any network connected to the Properties, nor breach the security or authentication measures on the Properties or any network connected to the Properties. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Properties, or any other viewer of the Properties, including any User account maintained on the Properties not operated/managed by the User, or exploit the Properties or information made available or offered by or through the Properties, in any manner;

4. Disrupt or interfere with the security of, or otherwise cause harm to, the Properties, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Properties or any affiliated or linked partners.

5. Use the Properties or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Properties or any other third party (s);

6. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Properties;

7. Violate any applicable laws, rules or regulations currently in force within or outside India;

8. Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Properties contained herein or elsewhere, whether made by amendment, modification, or otherwise;

9. Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Properties;

10. You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Properties might be directed to disclose any information (including the identity of persons providing information or materials on the Properties) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

11. By indicating Your acceptance to use any services offered on the Properties, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.

12. You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.

13. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the order and debar You from using the Properties without prior intimation whatsoever.

14. You agree not to post any material on the Properties that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that: 

1. belongs to another person and to which you have no right to;

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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;

3. is in any way harmful to minors;

4. infringes any patent, trademark, copyright or other proprietary rights;

5. violates any law for the time being in force;

6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

9. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

10. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Properties, and/or refuse to the usage of the Properties, without being required to provide you with notice or cause:

1. If you are in breach of any of these Terms of Use or the Privacy Policy;

2. If you have provided wrong, inaccurate, incomplete or incorrect information;

3. If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the website of the product. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Properties or such other third party and other distinctive brand features of the Properties are the property of the owners, or the respective copyright or trademark owner. Furthermore, concerning the Properties, we shall be the exclusive owner of all the designs, graphics and the like, code, functionality, brand and likeness, related to the Properties.

You shall not use any of the intellectual property displayed on the Properties in any manner that is likely to cause confusion among existing or prospective users of the Properties, or that in any manner disparages or discredits the Properties, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the respective owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that the Properties do not own any of the intellectual property relating to the independent content displayed on the Website.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

​

DISCLAIMER OF WARRANTIES AND LIABILITIES

1. ​You further agree and undertake that you are accessing the Properties at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Properties or accessing/using any information displayed thereon.
2. You agree that any kind of information, resources, activities, recommendations obtained/availed from the Properties, written or oral, will not create any warranty and we disclaim all liabilities resulting from these. 
3. We do not guarantee that the features and content contained in the Properties will be uninterrupted or error-free, or that the Properties or its servers will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Properties.

4. It is further agreed to by You that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

CUSTOMER FEEDBACK

We welcome your feedback on our products and services. By submitting feedback to us, you agree to the following terms:

1. You grant us a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, display, and distribute your feedback in any way we see fit, without any obligation to you.

2. You agree that we own all right, title, and interest in any improvements or new products or services that we create based on your feedback, including any intellectual property rights.

3. You agree that your feedback is not confidential and that we may share it with others without your permission.

4. We are not obligated to provide any compensation to customers for their feedback.

5. We are not obligated to implement any customer feedback.

6. We reserve the right to use or not use your feedback in our sole discretion.

7. We may make changes to your feedback before using it.

8. We may use your feedback to improve our products and services, to develop new products and services, or for any other purpose.

If you do not want us to use your feedback, please do not submit it to us.

Intellectual Property Rights

By submitting feedback to us, you grant us all intellectual property rights in your feedback, including but not limited to copyright, trademark, patent, and trade secret rights. This means that we have the exclusive right to use, reproduce, modify, display, and distribute your feedback in any way we see fit, without any obligation to you.

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

In the event of any dispute arising out of or in connection with this agreement, including any dispute relating to the validity of this agreement, the parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.

In the event the parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Jaipur, India.

You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

MISCELLANEOUS PROVISIONS

1. ​​​Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

2. Waiver: The failure at any time to require performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use. 

3. Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein. 

4. Contact Us: If you have any questions about these Terms of Use, the practices of the Properties, or your experience, you can contact us by emailing us at “Hello”at”WhifCal"dot"com”.

STRATEGIC FULCRUMS PRIVATE LIMITED