THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE APPLICABLE LAW AND RULES MADE THERE UNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
The domain name www.gocomet.com and www.gocomet.in (hereinafter referred to as the "Website") is owned by GoComet Solutions Pte Limited, with its registered office at registered office at 11 Collyer Quay, #17-00 The Arcade, Singapore - 049317 and ("GoComet", which expression shall, unless repugnant to the context or the meaning thereof, be deemed to mean and include all its affiliates (present and future), including, but not limited to GoComet India Private Limited, successors in interest and permitted assigns).
- "Effective Date" means the creation of Account by the Subscriber or the effective date of the SaaS Agreement (defined below), if any.
- "Person" shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
- "SaaS Agreement" shall mean any other agreement that a User may enter into with GoComet defining the relationship between the parties for the purpose of availing GoComet’s Services, inclusive of any statement of work ("SOW") entered into between the parties therein.
- "Services" shall mean the services provided by GoComet on its Website to the Users in accordance with the terms indicated herein and/or the SaaS Agreement and/or the SOW (as the case may be).
- "Subscriber" shall mean any User who avails any of the paid Services on the Website pursuant to creation of the Account or execution of the SaaS Agreement.
- "User" or "you" shall mean any person who is willing to use the Website
- "User Data" shall mean the data of the User that he/she/it may share with the Website for availing the Services.
- The User and GoComet shall hereinafter, where the context so permits, be collectively referred to as the "parties" and individually as "party"
- Acceptance of Terms
- Please carefully read these Terms. In order to use the Website, you must first agree to the Terms. By accessing, browsing or otherwise using the Website, you are agreeing to these Terms and concluding a legally binding contract with GoComet. Accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding.
- As a condition of your access to and use of the Website, you agree that you will comply with all applicable laws and regulations when using the Website. If you live in India, additional terms may apply to you and are viewable at the bottom of these Terms.
- GoComet reserves the right, at its sole discretion, to change, modify, add or remove all or any part of these Terms, at any time without any prior notice to you, subject to its compliance with applicable law. It is your sole responsibility to review these Terms periodically for updates or changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, GoComet grants you a non-exclusive, non-transferable, limited privilege to access and use the Website.
- Depending on the nature of Services being availed by you on the Website, these Terms read with the SaaS Agreement, if any, shall define your relationship with GoComet while you use the Services on the Website. In order to use the Services available on the Website, it shall be your responsibility to comply with both these Terms and the SaaS Agreement. If these Terms are inconsistent with any provision contained in the SaaS Agreement, GoComet shall determine, in its sole and absolute discretion, which of the provisions shall control any such inconsistency or conflict.
- By way of accepting these Terms, you hereby consent to the receipt of communication from GoComet by way of in-app messages, Short Message Service (SMS) messages, WhatsApp, e-mails, promotional, marketing calls and newsletters. These messages, emails and calls could relate to your registration or the transactions that you carry out through the Website and promotions that are undertaken by GoComet.
Use of the Website is available only to persons who can enter into legally binding contracts in accordance with the relevant laws applicable to such a person. Persons who are "incompetent to contract" within the meaning of the relevant applicable laws, including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the legal age shall not register on the Website and shall not transact on or use the Website. GoComet reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to GoComet’s notice or if it is discovered that such person is not eligible to use the Website. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such Person to these Terms.
- Opening an Account
- The Website allows very limited and restricted access to the Services for unregistered Users.
- In order to use the Services on the Website, you will have to create an account on the Website ("Account"), which can be done either directly by sending a request on the Website or through an invitation sent by GoComet. As part of the registration process, you will be required to provide certain information and details, including your name, the organization name (as may be applicable), your mobile number, e-mail id, and any other information deemed necessary by GoComet. You hereby acknowledge that you will be fully responsible for all activities that occur under your Account. GoComet shall not be liable for any loss or damage arising from your failure to comply with this provision. While signing-up on the Website, you shall not:
- Create an Account for anyone other than yourself unless such Person's prior permission has been obtained;
- use an Account that is the name of another Person; and
- use an Account that is the name of another Person with the intent to impersonate that Person
- Once registered, in order to log into the Account on the Website, you will be required to provide the following: (a) the email address with password; or (b) such other login credentials that are adopted by GoComet from time to time and duly intimated to you for logging into the Account on the Website, used at the time of signing-up.
- You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through your Account(s). You shall not permit any third party to use your Account (with or without consideration) without the prior written consent of GoComet. GoComet and its affiliates / partners are not liable for any harm caused by or related to the theft of your login credentials, disclosure of your Account(s) / Account information by you or any of your employees (as may be applicable), or your authorization to allow another person (other than the authorized employee, if applicable) to access and use the Website using your Account. However, you may be liable to GoComet and its affiliates / partners for the losses caused to them due to such unauthorized use. In case of any misappropriation or unauthorised access of the Account you agree to communicate the same promptly to GoComet. Any response from GoComet regarding this will be sent to the e-mail address which was used at the time of sign up. You shall ensure that you exit from the Account at the end of each session.
- You shall ensure that the account information provided by you is complete, accurate and up-to-date. In case you wish to update or correct the information provided by you, you may do so by visiting "My Account" section on the Website.
- Use of another User's account information for availing the Services of the Website is expressly prohibited.
- You hereby agree that if you provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if GoComet has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, GoComet shall have the right to indefinitely suspend or terminate or block access of your Account on the Website and refuse to provide you with access to the Website.
- In order to avail certain Services, the User may be using or have access to certain Third-party Information. The term “Third-party Information”, for the purpose of these Terms and Services, shall mean and include any information collected from content that belongs solely to the relevant third party, vis-à-vis Services, with no direct connection to the third party whose data GoComet collects whilst performing such Services. GoComet, whilst providing such Services, shall not be responsible for the User's access to or use of such Third-party Information. The User hereby explicitly agrees that it has obtained explicit written authorization and consent, as may be applicable, by way of affixing the signature, digital or physical, from all such subjects/third parties (whose information the Subscriber provides to GoComet) in the format required by the applicable laws in force, from time to time and store the same in its custody basis such laws. The User further agrees that the User shall not use such Third-party Information without obtaining such authorization and consent or as otherwise allowed by law. The User hereby represents and warrants that GoComet shall not be held responsible, liable or accountable in any manner or to any extent whatsoever, for the User's failure to perform obligations under this Clause. GoComet does not claim ownership on any Third-party Information or other information retrieved by the User on the Website, vis-à-vis the Services provided by GoComet.
- The Services
- You, as a User, shall be entitled to use the Website as a platform for availing the Services which shall include (a) browsing the various software services provided on the Website; (b) using certain free software services provided on the Website; (c) become a Subscriber and avail certain additional Services in exchange for a fee; and (d) providing such other services as GoComet may deem fit from time to time and as may be agreed with you.
- Should you choose to become a Subscriber, whether by entering into the SaaS Agreement with GoComet, or by registering on the Website to the same effect, you shall be further bound by the payment terms laid out herein.
- In the event the User is not an individual citizen, subject to the terms of these Terms, the User may allow its employees, vendors and other identified third parties (hereinafter referred to as "Authorized Users") to use the Services and the User shall be responsible for its Authorized Users' compliance with these Terms.
- If GoComet informs the User that a specified activity or purpose is prohibited with respect to the Services, the User shall ensure that it immediately ceases use of the Services for such prohibited activity or purpose.
- With respect to any software that is provided to the User for use on the User's devices pursuant to the Services availed by the User, GoComet hereby grants the User a non-exclusive, nontransferable, non-sub licensable license to use such software during the term indicated by GoComet or otherwise agreed upon by the parties only in connection with the Services. The User shall ensure compliance of the provisions of these Terms by each of the Authorized Users.
- The User shall be solely responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, network connections, web servers, browser software, security certifications and other procedures that supports protocols used by the Services and the like (collectively, "Equipment"). The User shall also be responsible for maintaining the security of the Equipment, Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the Account or the Equipment with or without User’s knowledge or consent.
- GoComet shall provide bug fixes, corrections, modifications, enhancements, upgrades, and new releases to the Services, from time to time, to ensure the functionality of the Services is available to the Users in accordance with the representations and warranties set forth herein. Any such modified features or enhancements added to or augmenting or otherwise modifying the Services will also be subject to the terms of these Terms. GoComet is entitled to deploy updates at any time, at its sole discretion.
- GoComet shall use commercially reasonable efforts to notify the Subscriber in advance of all non-emergency maintenance, for instance, planned downtime for upgrades and maintenance ("Planned Downtime"), to be performed on the Services. GoComet shall endeavor to schedule such Planned Downtime during weekends (Indian Time zone) and other off-peak hours. The parties agree that GoComet shall not be held responsible for the User's inability to use the Services or access the Website, if such lack of access results from Planned Downtime or a force majeure event.
- Change procedure
The Subscriber is entitled to request changes to the scope of the Services or may request for an upgrade or downgrade within a service plan on the Website. In case of an upgrade, the Subscriber shall be required to pay the new subscription charges in accordance with the details indicated in a manner GoComet may deem fit. In case of a downgrade, the associated fees will be reduced accordingly. The Subscriber hereby acknowledges that downgrading may cause loss of content and features. Upon the Subscriber upgrading or downgrading, as the case may be, the new subscription charges shall become immediately applicable.
- Payment Facility
- For the purpose of availing certain Services available to Users, the Users shall be charged a fee against the same.
- GoComet may provide Users with certain benefits and coupons from time to time. Details of such benefits and coupons shall be notified to the Users through the Website or through such other means as GoComet may deem fit.
- The Website permits the Users to pay the fee (where applicable) via. various modes, including online payments through debit/credit cards and internet banking or any other methods adopted by GoComet from time to time.
- You understand that while availing any of the payment method/s available on the Website, GoComet will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
- Lack of authorization for any transaction(s);
- Exceeding the pre-set limit mutually agreed by the User and between bank/s;
- Any payment issues arising out of the transaction; or
- Rejection of transaction for any other reason(s) whatsoever.
- You acknowledge that GoComet will not be liable for any damages, interests or claims, losses resulting from or suffered on your Account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of GoComet.
- Once the relevant fee is paid by the User against the Service(s), no refund requests shall be accepted.
- Term and Termination
- These Terms are legally binding as of the Effective Date and shall continue until terminated as provided for herein. Your access to the Services can be terminated at any time by: You; by ceasing to use the Website.
- Any provisions stated to survive termination, shall survive the termination of these Terms.
- Upon termination, User shall be required to pay GoComet all amounts due and payable hereunder.
- Further, upon termination, for any reason whatsoever, the User's data will be retained for a period of fourteen (14) days ("Data Retention Period") from such termination, within which the Subscriber shall be required to contact the GoComet to export such data, unless otherwise prescribed by applicable law. Beyond this Data Retention Period, GoComet reserves the right to delete all such data in the normal course of operation, unless otherwise prescribed by applicable law. The parties hereby acknowledge and agree that such data once deleted cannot be recovered and that GoComet shall not be liable for any loss of data in such circumstances.
- In the event of any act, error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of the User's data or the physical, technical, administrative, or organizational safeguards put in place by GoComet that relate to the protection of the security, confidentiality, or integrity of User's data, GoComet shall, as applicable: (a) notify the User as soon as practicable but no later than three (3) business days of becoming aware of such occurrence; (b) cooperate with User in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by User; and (c) perform or take any other actions required to comply with applicable law as a result of the occurrence.
- Proprietary Rights
- Except for the User's data, all of the content and Services and products provided on the Website, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by GoComet or others (including without limitation, the third party service providers as applicable) that GoComet licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
- You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by GoComet and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of GoComet and such others. You thereby agree to protect the proprietary rights of GoComet during and after the subsistence of these Terms. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for your own use.
- You shall use the Website strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website or sell any information, software, products or services obtained from the Services; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Website; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website; (e) use the Website for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Website or other services; (g) use the Website for any purpose not in accordance with these Terms; (h) use the Website for creating a service or software that is directly or indirectly, competitive with the Service or any services offered by GoComet; or (i) derive any confidential information, processes, data or algorithms from the Website.
- Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under the applicable laws.
- The User hereby grants GoComet a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations, Reviews, or other feedback the GoComet receives from the User.
- The provisions of this Clause shall survive the termination of the Account.
- Use of the Website and Services
- You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, transmit or share any information that:
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
- is harmful to children.
- is misleading in any way
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
- infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity.
- contains assertions or implications about a person's race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status. However, pro-equality content, particularly for gender and sexuality shall be permissible.
- impersonates another person or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
- engages in commercial activities without GoComet's prior written consent such as engages in sweepstakes, barter, advertising etc.
- exploits controversial political or social issues for commercial purposes.
- interferes with another user's use of the Website.
- refers to any website or URL that, in GoComet's sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is patently false, grossly offensive or menacing in nature.
- serves to communicate fake, inaccurate or misleading information including fake inaccurate or misleading news or facts.
- contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
- 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 other nation;
- violates any applicable law for the time being in force.
- The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. GoComet strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and GoComet isn't liable for any disruption or loss you may suffer as a result.
- GoComet may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.
- Notwithstanding anything to the contrary contained in these Terms, GoComet may, at its sole discretion, conduct a background check on You and on the information provided by You to GoComet. GoComet shall additionally be entitled to carry out an inspection or audit including through appointment of any consultants and auditors, as it may deem fit, to inspect and audit your books and records for the purpose of confirming your compliance with these Terms or otherwise. You shall co-operate with GoComet and/or their consultants and auditors in this respect.
- It is hereby clarified that these Terms govern your usage of the Services and do not intend to create a relationship of agency, employment, partnership or such other relationship between You and GoComet. form an agent, contractor, employee or affiliated entity relationship between You and GoComet, and GoComet shall not in any way supervise, direct or control performance of any services provided by opted by You aside from the Services obligations set out herein.
- The Website may allow you to post your review and experience of using the Website ("Reviews") in order to improve the Website and the user experience.
- You, being the originator of the Reviews, are responsible for the Reviews that you upload, post, publish, transmit or otherwise make available on the Website. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that GoComet does not endorse any Reviews on the Website and is not responsible or liable for any Reviews. GoComet reserves the right to disable access to the Reviews on the Website.
- You hereby grant GoComet a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by GoComet in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by GoComet. You represent and warrant that you own or otherwise control all of the rights to the Reviews that you post or that you otherwise provide on or through the Website.
- You further represent and warrant that while posting any Reviews on the Website you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Website that is obscene, pornographic, constitutes an "indecent representation of women" as provided in the Indecent Representation of Women (prohibition) Act, 1986 or any other applicable law in the exclusive jurisdiction.
- Integration with Third Party Service Providers
The Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. You hereby acknowledge and understand that when you use third-party services, their own terms and privacy policies will govern your use of those services. Since these are not GoComet's services, GoComet will not be responsible for any use, disclosure, modification or deletion of your information or data that is transmitted to, or accessed by, such third party. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, GoComet strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party websites.
- Indemnification; Limitation of Liability
- General Indemnification. You agree to indemnify, defend, and hold harmless GoComet and its officers, directors, agents, and employees (each, an"Indemnitee") from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, or judgments (each, a"Claim," and collectively, the "Claims"), which may be suffered by, incurred by, accrued against, charged to, or recoverable from any Indemnitee, by reason of any Claim arising out of or relating to any act, error or omission, negligence, or misconduct by you, your officers, directors, agents, employees, and subcontractors (if any) during the continuance of these Terms and/or the SAAS Agreement executed with you (if any), including, without limitation, Claims arising out of or relating to any material misrepresentation or breach of warranty of any representation or warranty set forth in these Terms and/or the SAAS Agreement executed with you (if any); or any material breach of any covenant set forth in these Terms and/or the SAAS Agreement executed with you (if any); provided, however, that the foregoing indemnity shall not apply to the extent that the applicable Claim resulted from the acts or omissions of an Indemnitee
- Limitation of liability. You hereby acknowledge that GoComet shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. GoComet shall also not be liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Services, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Services by any third party, any loss of your data, any claim relating to the your data or content from the Services, or your failure to keep the Account details secure and confidential.
- Disclaimer of Warranties.
- THE SERVICE(S), INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. GOCOMET EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT
- YOU ACKNOWLEDGE THAT GOCOMET DOES NOT WARRANT THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT GOCOMET DOES NOT WARRANT THAT THE ACCESS TO THE SERVICES, WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND THE GOCOMET'S CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE
- YOU ACKNOWLEDGE THAT GOCOMET DOES NOT WARRANT THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT GOCOMET DOES NOT WARRANT THAT THE ACCESS TO THE SERVICES, WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND GOCOMET'S CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
- THE CONTENT ON THE WEBSITE OR OTHERWISE IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH THE USER SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON THE WEBSITE. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM GOCOMET OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- GOCOMET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. GOCOMET SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. GOCOMET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, AND PUNITIVE DAMAGES, UNLESS OTHERWISE SPECIFIED HEREIN OR IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, GOCOMET DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
- Representations. You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.
- Relationship between the User and GoComet. The parties understand and hereby accept that each party whilst performing their respective duties and obligations under these Terms is at all times acting and performing as an independent contractor of the other party and has no authority whatsoever to bind the other party, by contract or otherwise.
- Confidentiality. You agree to keep the confidentiality of all the information and data shared in relation pursuant to these Terms, whether marked as 'Confidential' or not and in whatever form disclosed and use such information only for the purpose of availing the Services hereunder. You acknowledge that breach of your obligation of confidentiality may give rise to irreparable injury to GoComet, which damage may be inadequately compensable in the form of monetary damages. Accordingly, GoComet may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings.
- Governing Law. These Terms shall be governed by and construed in accordance with the laws of Singapore and the courts of Singapore shall have exclusive jurisdiction in all questions and controversies arising out of these Terms.
- Dispute Resolution. Any dispute or difference arising between the parties hereto as to the effect, validity or interpretation of this Terms or as to their rights, duties or liabilities thereunder, failing amicable resolution through mutual negotiations, shall be referred to and settled by arbitration conducted by sole arbitrator, mutually decided by the parties in accordance with the Singapore International Arbitration Rules, 2016, and the subsequent amendments thereto. If the parties cannot agree on an arbitrator, each party shall appoint an arbitrator and the arbitral panel shall consist of 3 (Three) arbitrators, one to be appointed by each party and the third to be nominated by the two appointed arbitrators. The third arbitrator shall serve as chairman of the panel. The decision of the arbitrator(s) shall be final and binding upon the parties. The seat and venue of arbitration proceedings shall be Singapore. All arbitration proceedings shall be conducted in English.
- Advertising and publicity. GoComet shall be entitled refer to User directly or indirectly in any advertisement, news release, or publication without prior written approval from User. The User hereby grants the GoComet a royalty free, worldwide, transferable license to use the User's trademark or logo to identify it as the GoComet's customer on its websites and/or marketing collateral.
- No Waiver and Severability. The failure of either party at any time to require performance by the other party of any provision of these Terms and/or the SAAS Agreement (if any) shall in no way affect that party's right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of these Terms and/or the SAAS Agreement (if any) be taken or held to be a waiver of any further breach of the same provision. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
- Assignment of Terms. Neither party shall directly or indirectly assign these Terms or the rights or duties created by these Terms, without the prior written approval of the other party.
- Cumulative Remedies. All rights and remedies of the parties shall be in addition to all other rights and remedies available at law or in equity and temporary and permanent injunctive relief.
- Vendors of the User. Notwithstanding anything to the contrary contained in these Terms, if the User brings on-board their own vendors separately, (their details being provided to GoComet, in a form and manner acceptable to GoComet) the User agrees and acknowledges that GoComet shall be entitled to reach out to such vendors of the User directly.
- Notices. All notices or other communications to be exchanged by the parties pursuant to these Terms shall be made in the manner GoComet may specify for such purpose.
- Where applicable, in accordance with the terms of the relevant applicable laws as per the terms contained therein, the name and contact details of the Grievance Officer are provided below:
Name: Gautam Prem JainE-mail: [email protected].
If you wish to make a complaint regarding any violation of the provisions of these Terms, you may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the relevant laws.
If you are an Indian resident, the paragraphs XVI (3) and (4) shall be replaced by the following:
4. Governing Law. These Terms shall be governed by and construed in accordance with the laws of India and the courts of Mumbai shall have exclusive jurisdiction in all questions and controversies arising out of these Terms.
5. Dispute Resolution. Any dispute or difference arising between the parties hereto as to the effect, validity or interpretation of this Terms or as to their rights, duties or liabilities thereunder, failing amicable resolution through mutual negotiations, shall be referred to and settled by arbitration conducted by sole arbitrator, mutually decided by the parties in accordance with the Arbitration and Conciliation Act, 1996, and the subsequent amendments thereto. If the parties cannot agree on an arbitrator, each party shall appoint an arbitrator and the arbitral panel shall consist of 3 (Three) arbitrators, one to be appointed by each party and the third to be nominated by the two appointed arbitrators. The third arbitrator shall serve as chairman of the panel. The decision of the arbitrator(s) shall be final and binding upon the parties. The seat and venue of arbitration proceedings shall be Mumbai.
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If you have questions or concerns about these Terms, please contact GoComet at [email protected]