Scope

Website acts as a platform to enable any User to use the services provided by the Website (by filling the mandatory fields and optional fields, if any).

Website users are provided with the facility of templates including premium templates, buying services from third party (as CactusGlobal, Enago etc) such as proofreading, illustrations, english editing etc, consultancy, customization, implementation, software training, ERP solutions, internet, intranet, mobile applications, information technology enabled services and any other services in related thereto. The Users of the Website are guided by the Terms and Conditions mentioned herein below.

Eligibility

To be a User of this Site, You must be a person competent to enter into legally binding contracts under the Indian Contract Act, 1872 including minors as well. Any person using the Services on behalf of any concerned Body, represents and warrants that it is duly authorised to accept the Terms and Conditions and the Policies by the User and that such person has the authority to bind the User to these Terms and Conditions and the Policies.

By using this Website, you represent and warrant that You have the right, authority, and legal capacity to enter into this Terms and Conditions and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from entering into contracts. If at any time Calaver is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to be a User or that you have made any misrepresentation about your eligibility, Calaver reserves the right to forthwith terminate your right to use the Website and associated Services without any refund to you of any of your utilized / unutilized subscription fee.

Account Registration

You may need to register for an account in the website in order to place orders or access. Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts. You are entirely responsible for maintaining the confidentiality of your password and account.

Termination or Suspension of services

The subscription term shall commence from the date on which You subscribe to Calaver’s services and shall expire at the end of the period chosen at the time of making subscription. The paid subscription shall be liable to automatic renewal for the period selected by You and as per the terms of the latest subscription unless a written notice (such as email) is served upon to each other either by You or Calaver. The written notice shall be sent at least 15 days before the subscription period ends and Calaver shall refund You within 30 days from the date of termination of this agreement on pro-rata basis.

You have the right to unsubscribe at any time during the Subscription Term without any liability if Calaver-

• has failed to provide any services in lieu of this agreement and such failure continues even after the expiry of 10 days from the date of receipt of notice from You stating the services not provided or the extent to which such failure continues.
• has not materially implemented any of the provisions of this agreement and such failure continues even after 30 days from the date of receipt of notice from You.

For the above mentioned clauses (a) and (b) after the termination of the agreement Calaver shall return the fees for the services not provided on Pro-rata Basis.

Calaver reserves the right to bring to an end or suspend its services or any of its services during the term without any liability, and upon giving an advance notice to You in this regard unless a law enforcement or governmental agency directs otherwise or suspension without notice is necessary to protect Calaver or its other users, if-

• any default in payment of any amount as per this agreement continues even after the expiry of 30 days from the date of written notice being served to You.
• You violate any clause of this agreement and the violation continues for, after the expiry of 10 days from the date of serving notice containing the details of violation.
• You have given a written notice for your Insolvency or bankruptcy within the meaning of the Bankruptcy and Insolvency Laws.

In lieu of above mentioned clauses (a), (b), (c) You shall not have any right to access any of the services as provided by Calaver. The accounts suspended as such shall be kept in suspension for a period of maximum 1 year, or for such extended period as requested by You, from the date of such suspension and Calaver shall have the right to delete the account from its database post the expiry of the suspension period. Calaver shall also keep the data as provided by You during suspension period or such extended suspension period and the data shall be permanently deleted within 30 days from the date of deletion of account.

Upon deletion of the account, any payment to Calaver shall not be waived and Your liability to pay the dues shall continue till the period such payment is made. It shall only be Your responsibility to extract all the informations prior to suspension.

Change in Terms

Calaver reserves the right to change the Terms and Conditions under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these Terms and Conditions.

Limitation of Liability

Calaver shall provide service on ‘as is’ basis, and You agree to use the service(s) provided by Calaver at your own risk. Calaver and its affiliates, officers, employees, agents, partners, vendors and licensors expressly do not claim any kind of warranty(s), whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You also agree that the terms of this Agreement shall not be changed due to custom or usage or due to the parties’ course of dealing or course of performance under this Agreement. You also agree that Calaver and its affiliates, officers, employees, agents, partners, vendors and licensors shall not be liable for any indirect, incidental, special, punitive or consequential damages, including but not limited to damages for lost profits, business interruption, unauthorized access to or alteration of your transmissions or data loss of programs or information, and the like, that result from the use or inability to use the Service or from mistakes, omissions, interruptions, deletion of files or directories, errors, defects, delays in operation, or transmission, regardless of whether Calaver has been advised of such damages or their possibility. You shall also be completely responsible for your information and data available on Calaver’s network and website; for using the services provided by Calaver; and for all the activities You undertake on the website. Notwithstanding anything to the contrary contained in this Agreement, Calaver’s total liability under or in connection with the Agreement, whether arising from contract, negligence or otherwise, shall in any event not exceed the amount paid by You under this Agreement in the preceding 12 months. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.

The foregoing shall not apply to the extent prohibited by applicable law. All risks when using the services and the Website shall remain with the User. The User is expected to use his / her best judgement in experiencing any of the benefits/ requirements of the services. The User undertakes to adhere to the safety pointers and shall all times be responsible for all outcomes of sharing information through Website. It is accepted and understood by the User that at all times the User shall use his/ her judgement and discretion in receiving the services through the Website. Neither shall Calaver be responsible for the delay or inability to use the Website or associated services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Calaver shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the control of Calaver. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

Link to Third Party

The Linked Affiliates are not under the control of Calaver or the Website and Calaver is not responsible for the contents of any Linked Party, including, without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. Calaver is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Calaver is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Calaver or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

Calaver may or may not endorse any advertiser on its Website in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. Calaver is not responsible for any errors, omissions or representations on any Linked Site. If the Website is advertised in a third party Website/ media platform, then, Calaver is not responsible for any type of error/fraudulent activity/ misconduct of that respective third party Website/media platform.

Prohibition against unlawful use

As a condition of the user of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by the Terms and Conditions including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

Use of Communication Service

The Website may contain services such as email, bulletin board services, information related to recommendations, news groups, forums, communities, recent updates column, personal web pages, calendars, and/ or communicating through messages to resolve any query (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
• upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
• advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• download any file posted by another User of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
• violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the Terms and Conditions of this Agreement or any other Terms and Conditions for the use of the Website contained elsewhere herein.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Calaver reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Calaver sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Calaver, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. Calaver may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Calaver, however, shall not excuse any of your indemnity obligations.

Payment for Services, taxes or charges

The fees mentioned as per the orders by You on your account shall be effective from the date of subscription and also from the date of renewable of any term(s) of this agreement, provided that Calaver shall reserve the right to revise fees at any time by giving 30 days notice to You. Incase, if You do not agree with such revision in fees, You have right to end this agreement, stating the reasons for Your disapproval, by giving 15 days notice prior to the date termination of this agreement, provided that the notice must be given within 30 days from the date of notice of such revision in fees.

Calaver shall charge You on an annual/monthly/quarterly/half-yearly or any other mutually agreed period basis for all fees of recurring nature. There shall no refund, adjustments, downgrades or elimination of any plan features be allowed for fees of recurring nature. Any invoices or payments shall undisputedly be deemed final unless any clarification is sought for, or any notice has been served in this regard before making any subscription. You shall have to keep current and up-to-date Your contact information, credit card, if applicable and billing information on the administrative control panel. If You are making Payment through Credit card then You shall, at all times, keep Current and updated Your Contact informations, Credit card, and billing details on the administrative control panel. You have also authorised Calaver to charge from Your Credit card or bank account for all the fees at the starting of Subscription term and for all such subsequent terms inclusive of any updates on fees after the expiry of the prior terms. Calaver shall also use a third party to process any payment(s) and also disclose Your payment information to such third party.

Website accepts payments made through Visa, MasterCard, Rupay, and select Debit Cards, PayPal. Other payment methods may be added from time to time.

Software and Intellectual Property Rights

All or any Intellectual Property Rights, including Software, owned by any party its licensors or subcontractors as on the effective date of this Agreement, except as expressly provided in this Agreement shall deemed to be under the ownership of that party, its licensors or subcontractors except in cases where it is expressly stated in this agreement, the other party shall not have any right, title or interest over such Intellectual Property Rights. You shall be owner of all or any all rights, titles and interests or also to any Intellectual Property Rights created or developed in connection to any work created or developed by You and exclusively for You, if fully paid, under this agreement. Calaver shall have the ownership of all rights, titles or interests or any materials created or developed by it or its licensors or subcontractors for its own use or for the purpose of assisting You in lieu of providing services. You also give your consent to let Calaver use its Logo in its Customer’s list and at any other places on its website at any time.

You also agree to let Calaver, in lieu of services on the website, have access to - any tool or application used or in use by You and as required by Calaver in order to resolve any issue or perform services; any license to use all or any Intellectual Property Rights, any software owned or licensed to You by third parties and that is required for the performance of services to You and otherwise, to discharge any of its obligations under this agreement. For such Intellectual Property or software(s) owned or authorised to You by third parties, You agree that: You are either the owner of such intellectual Property rights or software or are permitted by the owner of such Intellectual Property or software(s) to include it under this Agreement; and also Calaver has the right, at any time during the tenure of this agreement, to use such Intellectual Property Rights and Software for the purpose of providing services to You under this agreement.

You also give your consent that Calaver shall not be held responsible for any representation, warranty or assurance that Your equipment, material, software shall be in line with Calaver’s equipment, material, software, systems or services.

Force Majeure

Calaver will be excused from performing under this Agreement to the extent that Calaver is unable to perform due to extraordinary causes beyond our reasonable control. That might include things like acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failure, and power failures, any DOS (Denial of service) attack.

Failure to Receive Order:

In the event of Failure to receive Order(s), Calaver Technologies Private Limited shall not be liable to any extent to the users. The Failure may persist due to the network issue, system incompatibility, run-time error and other ancillary errors. Calaver Technologies Private Limited shall intimate the user in such cases via Email, registered over the platform, text SMS service, registered over the platform. The User may place the order again and a confirmation of the order placed shall be delivered to him.

Severability

If any provision of this Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms and Conditions shall continue to be in full force and effect.

Notices

All or any notices and communications shall be in writing, in English and shall be delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:

If to Calaver, at support@typeset.io or at this address: Level 8, Tower 1, Umiya Business Bay Cessna Business Park Kadubeesanahalli, Marathahalli, Karnataka, Bangalore - 560103. The contact number is: +91-8431021544.

If there is any dispute about or involving the Website and/or the Services, by using the Website, You unconditionally agree that all such disputes and/or differences will be governed by the laws of India and shall be subject to the exclusive jurisdiction of the Competent Courts in Bangalore, India only.

By using the Website or the Services of the Website, You unconditionally and irrevocably confirm that You have read and understood the Terms and Conditions and agree to abide by them.