Terms and Conditions

Terms and Conditions

INTRODUCTION

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE/MOBILE APPLICATION.

Square Panda Education Private Limited (“Square Panda” or We”) offers users certain services on www.squaretales.in (“Website”) and Square Tales (“Mobile Application or Mobile App”) individually referred to as “Service” collectively referred to as “Services”.

We reserve a right, at our sole discretion, to change, modify, add or remove all or any of these terms of use (“the Terms” or “Terms of Use”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates and 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.

The Services acts as an online platform to provide users our multisensory neuroscience research-based phonics learning system being equipped with educational games to teach children many essential skills. We strive to empower beginner learners through phonics awareness.

By accessing the Services in any manner, including, but not limited to, visiting or browsing the Services, you agree to be bound by this Terms of Use. Our Terms of Use applies to all the visitors, users and others who access our Services (“You or Your or Users”).

SCOPE

The following terms and conditions of the Terms of Use govern your use of our Services and the information accessible on or through our Services. If you are unwilling to be legally bound by these Terms of Use, please do not use the Services. You cannot browse, use or accept these Terms if: (a) you are not lawfully entitled to use the Services or (b) if you are not of legal age to form a binding agreement with Square Panda. It is clarified that all references to 'he', 'his', 'him' and 'himself', in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.

  1. USING OUR SERVICES

    • Square Tales Mobile Application
      • Subject to Your acceptance with these Terms of Use, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to download and install a copy of the Mobile Application, which allows you to access and use the Square Tales Mobile App on mobile, tablets and desktop device (“Devices”) that you own or control. You may use those copies on the Devices solely for your own personal and non-commercial use.
        • Compatible Devices
          • You acknowledge that, for the best use of the Mobile Application you should have a minimum Device requirement as follows:
            • For android Devices -
              • 1) android v.6.0 or above
              • 2) RAM - 1 GB or above
              • 3) Device Capacity - 32GB or above
              • 4) CPU - 1.3 GHz or above
            • For iphone Operating System (iOS) –
              • 1) iPhone 6 or above
              • 2) iOS 12.4.4 or above
              • 3) RAM - 1 GB or above
              • 4) Device Capacity - 32GB or above
              • 5) CPU - Dual Core 1.4 GHz Typhoon or above
          • Further Square Panda reserves the right to upgrade its Mobile Application from time to time to provide its Services in best possible manner.
        • Website
          • The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft.
          • The Website is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above.
          • The contents of the Website are best viewed with the latest version of Adobe Flash Player.
          • The website is JavaScript and cookie enabled to collect information.

          Square Panda’s Services are compatible only with the above-mentioned software’s or programmes. Square Panda shall not be obligated, at any point of time, to provide workable Services for any Devices that are not recognized by Square Panda or those instruments that may be purchased from any third party which are not compatible with the Square Panda’s Services. Square Panda reserves the right to upgrade the Website, as required from time to time.

        • Third Party Links

          The Service may contain links to websites or applications offered by third parties, including advertisements and promotions (“Third Party Sites”). We don’t control or promote Third Party Sites. Your use of any Third-Party Sites is entirely at your own risk and we are not responsible for any of the consequences faced by You for using these Third-Party Sites. We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Square Panda does not make any representations concerning the privacy practices or policies or terms of use of such third-party websites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, promotional advertisements or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Square Panda of the website, the website's provider, or the information on such website.

        • Our Content on the Services are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Services is not endorsed as a substitution to the curriculum based education provided by the educational institutions or schools but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. Square Panda acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Services and it does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Services or usage of our Services does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
        • Our content in the Services may contain opinions and views from the person having expertise in that field and subject. Square Panda shall not be responsible for such opinions or any claims resulting from them.
        • Some parts on the Services are interactive, and we encourage contributions by the Users, which may or may not be subject to editorial control prior to being posted. Square Panda shall not be responsible or liable for any material communicated by third parties in this way. Square Panda reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not. Square Panda shall not be held responsible in any manner for any content provided by other users or third-parties or if any such content, if offensive and/or hurtful. The User is advised to exercise caution while accessing the Services.
        • Square Panda may conduct competitions from time to time and you agree to provide us the right to use the submissions by you including but not limited to videos, written content, craft work etc for promotional purposes. All rights will be reserved by the us for usage of such submissions by you. You additionally permit Square Panda to use every kind of information submitted by you like photos, videos etc. for promotional campaigns as it so pleases and you will cease to have any rights on the same once your submissions are made to Square Panda.
        • Square Panda has made efforts to train the personnel engaged in sales and services to give assistance relating to its Services to enable quality control. We make no warranties or representations regarding the quality and competence of such personnel. We shall not be responsible for any deviant behaviour exhibited by such personnel while providing such services. The Users shall bring to the notice of Square Panda any such incidence of deviant behaviour by its personnel. Square Panda reserves the right to take any action in this regard at its sole discretion.
        • Access to certain elements of the Services including doubt clearance, mentoring services etc may be subject to separate terms, conditions and fair usage policy. Square Panda reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Services or registrations do not automatically entitle the User to any and all elements of Services provided by Square Panda and Square Panda shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
        • Square Panda shall encourage its customers, partners and other stakeholders to refer customers to buy Square Panda’s Services in order to encourage customer retention and loyalty. Square Panda shall have a right but not an obligation to pay referral bonus to Users for the referred customers subject to applicable laws. The decision of Square Panda shall be final and conclusive in this regard and the same cannot be either disputed or challenged. Users hereby acknowledges with abundant caution that no User, Partner or other stake holder shall do business with Square Panda in anticipation of such bonus. Square Panda shall not be held responsible if a User has done business with the objective of getting referral bonus as bonus paid by the Square Panda is purely dependent on its own discretion based on internal parameters and various demographic and economic factors. The following may be noted: -
          • You shall be solely responsible to ensure that the account information provided by You is accurate, complete and latest.
          • You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify Square Panda of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to Square Panda, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

            You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and Square Panda cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, Square Panda shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.

        • You hereby agree that Square Panda has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Mobile Application or the Services as it deems fit at any time without notice. Further, Square Panda has the right to amend these Terms from time to time without prior notice to you. Square Panda makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Square Panda shall not be liable to You or any third party for any modification, suspension or discontinuance of the Mobile Application/Services. All Fees (as defined below) are subject to change without notice.
        • Square Panda shall have the right to monitor the download and usage of the Services and the contents thereof by the User/s, to analyze such usage and discuss the same with the User/s to enable effective and efficient usage of the Services. The User expressly permits Square Panda to clear the doubts of the student using the Services by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.
  2. SUBSCRIPTION FEES

    • Free Trial

      Subscription plans for three books on the Services may start with a free trial. The free trial period may last maximum till the expiry of the third book accessed by You through the Services or such other terms as may be determined by Square Panda, from time to time. Your eligibility for a free trial including the time for such free trial and the Content available to be viewed during free trial period is at the discretion of Square Panda and such free trial can be modified, suspended or terminated by Square Panda at any point of time without giving notice to You. In case You are eligible for any free trial, Square Panda shall have a right but not an obligation to charge You a token amount of money at the time of Your registration for the Subscription plan. This token amount will be refunded to You once Square Panda receives the confirmation from the third party payment gateway provider that Your payment method has been registered. In case You cancel Your Subscription before the end of the free trial period, You will not be entitled to any refund from Square Panda for the unutilized period of free trial.

    • Our Content on the Services, including but not limited to upgrading to a premium account, downloading educational games, videos and audios for offline and online mode, may require you to pay subscription fees in order to use them. If you choose to purchase these features, you expressly authorize us and our payment processor to charge the payment method you provide for the applicable fee. All fees and applicable taxes, if any, are payable in Indian Rupees. All fees are non-refundable subject to Clause 4 of this Policy.
    • You can opt to subscribe for our monthly (Monthly Plan) or annual (Annual Plan) subscription (each a "Plan" and together the “Plans”) to access advanced learning courses and content. Our fees for the Plans are available to view on our Website/ Mobile Application (“Fees”). Our Fees are subject to different subscription plans mentioned below, and we also reserve the right to update our Fees from time to time with or without prior notice to the User/s. Notwithstanding anything contained in this Policy, you are not entitled to any refunds in case of Monthly Subscription of the Services.
      • Monthly Subscription Fees: INR 199/- (Indian Rupees One Hundred and Ninety-Nine only.)
      • Annual Subscription Fees: INR 1,799/- (Indian Rupees One Thousand Seven Hundred and Ninety-Nine only)
    • We may offer promotional subscriptions to the User/s, to access the Services at special discount prices, at any time, at Square Panda’s discretion. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers.
    • If you select the Monthly Plan your subscription will automatically renew as a rolling subscription and renew at the end of each monthly period, being one month (or as near to the date as possible) from the date on which your Monthly Plan was activated. If you select the Annual Plan, your subscription will automatically renew as a rolling subscription at the end of each annual period, on the date on which your Annual Plan was activated (each being a “Renewal”). If you proceed with a Renewal, the method of payment used to pay the Fees will be debited at the end of your current Plan.
    • You acknowledge that, if we change the Fees, this will not affect your existing subscription Plan, therefore, if you have signed up for Plan at a certain Fee, any Fee changes will not affect any current subscription or any Renewals.
    • The Fees billed are non-refundable irrespective of whether the subscription have been availed by You or not subject to Clause 4 of this Policy.
    • You also understand and acknowledge that Square Panda only facilitates the third-party payment gateway for processing of payments. This facility is managed by the third-party payment gateway provider and You are required to follow all the terms and conditions of such third-party payment gateway provider.
    • You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and any other information requested during the subscription process. You agree and acknowledge that Square Panda shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
  3. CONTENT

    • Square Panda does not claim any ownership rights in the files, images, location data, videos, sounds, applications, and all forms of data or communication (collectively, "Content") that you exchange through the Services (“Your Content”).
    • We gather and compile information and data about our users and their usage of the Services on a collective basis, in a manner which reveals personally identifiable information about individual users. You understand, acknowledge, and agree that we are the sole owners of all such aggregated data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we see fit, throughout the world, in any media or form.
    • We may use Your Content in a variety of different ways as permitted by our Privacy Policy displayed on our Services.
    • Except for the Content, all of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web- pages, designs, text, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or are licensed to us by a third party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services. Our name and logo ‘Square Panda’ is our registered trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Services, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks and logos or of the trademarks, service marks or logos of those other organisations
    • Based on the User’s confirmation, we may facilitate the demonstration of our Services at the location sought by the User. The User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality, contents or conditions of the Services and that User has relied solely on the investigations, examinations and inspections by the User. The User has chosen to make such investigations, examinations and inspections and the Square Panda has afforded the User the opportunity for full and complete investigations, examinations and inspections.
  4. CANCELLATION OF SUBSCRIPTION

    You can keep track of your subscription by locating your settings page on your Profile, selecting the ‘Account’ tab which will display the expiry date of your subscription. It is clarified that You shall have the right to cancel your annual subscription at any time by locating your settings page on your Profile, selecting the ‘Account’ tab and selecting "Cancel Plan” and Square Panda shall provide partial refund on prepaid fees, at their sole discretion. Please note that partial refund shall mean total subscription amount minus the cancellation charges calculated on the basis of the period for which the subscription was utilised.

  5. DELETING YOUR ACCOUNT

    You can delete your account and terminate your use of the Services at any time by locating the ‘delete profile’ option in the settings section of your profile. Once you have deleted your Account, your Licence will be revoked and you will no longer have access to your profile. We accept no liability for deletion of information or content from your profile. You acknowledge and accept that certain Your Content may remain after the cancellation of your profile. If you have an active subscription when you delete your Account, you will not receive any refund for remaining period of your subscription.

  6. AGREEMENT TO RECEIVE MAILS AND NOTIFICATIONS

    You by way of accepting these Terms of Use consent to the receipt of communication from Square Panda by way of e-mails, newsletters and Short Message Service (SMS) notifications and WhatsApp. You expressly grant us permission to contact you in the abovementioned ways for updating you about our Services or for marketing or promotional purposes. You shall indemnify the Square Panda for any liabilities including financial penalties, damages, reasonable expenses if the User’s mobile number is registered with Do not Call (DNC) Database. If You do not wish to receive communication from Square Panda by way of e-mails, newsletters and SMS notifications anymore, you can send an email to support@squarepanda.in.

  7. CONDUCT OF THE SERVICES

    • You hereby agree, undertake and covenant that, during the use of the Services, You shall not host, display, upload, modify, publish, transmit, update or share any information that:
      • belongs to another person or entity and to which You do not have any right.
      • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India.
      • 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, email address, physical address or phone number) or rights of publicity.
      • provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses.
      • tries to gain unauthorized access or exceeds the scope of authorized access to the Service.
      • engages in commercial activities without Square Panda’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
      • interferes with another Users use and enjoyment of the Services.
      • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
      • contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any Devices or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
      • Your use of our Services is solely for Your personal and non- commercial use. Any use of the Services or products or their contents for commercial purposes is prohibited. Your personal and non-commercial use of this Services shall be subjected to the following restrictions:
      • You may not decompile, reverse engineer, or disassemble the contents of the Mobile Application and / or our Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Mobile Application and / or our Website or remove any copyright, trademark registration, or other proprietary notices from the contents of the Mobile Application and/or our Website.
      • You will not (a) use this Mobile Application and / or our Website for commercial purposes of any kind, or (b) advertise or sell the Mobile Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Mobile Application and / or Website/our products and Services in any way that is unlawful, or harms Square Panda or any of their Representatives.
  8. CONFIDENTIALITY

    As elaborated under the Privacy Policy, Square Panda will keep all confidential information confidential, including Your personal information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Square Panda acknowledges that its employees, directors, agents and contractors (“Representatives”) shall use the confidential information only for the intended purpose for which it is provided. Square Panda shall use all reasonable endeavours to ensure that its Representatives acknowledge and comply with the provisions of these Terms of Use of confidentiality.

  9. PROPRIETARY RIGHTS

    The Services are protected by copyright laws as well as other intellectual property laws as applicable. Square Panda and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms of Use and no intellectual property rights are or will deemed to be transferred or licensed or assigned to You except as contemplated herein.

  10. THIRD PARTY CONTENT

    The Services may contain links to external content provided by Third Party Sites and services. Square Panda is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Third Party Sites and Content.

  11. AUTOMATICALLY COLLECTED INFORMATION

    You hereby agree that we can collect your Personal Information (defined in Privacy Policy) including but not limited to your activities on our Services like service-related, diagnostic, and performance information , when you registered to use our Services, the features you use like our educational learning games, learning videos and audios and related features, and when you last updated your about information, device and connection-specific information when you install, access, or use our Services, operating system information, app version, browser information, connection information including phone number, language and time zone, IMEI and IP.

  12. INDEMNIFICATION

    You agree to indemnify and hold harmless Square Panda, its owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their representatives, directors, agents, and employees, from any claims, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms of Use, Privacy policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any Intellectual Property rights) of a third party.

  13. PRIVACY POLICY

    Square Panda takes your privacy seriously. We have created a Privacy Policy to inform you about the kind of information we may collect, store and the ways we may use it. Please review our Privacy Policy carefully. You represent that you have read, understood, and agreed to the terms of our Privacy Policy, which is incorporated herein by reference and made available on our Services.

  14. FEEDBACK

    Any feedback You provide with respect to the Services shall be deemed to be non-confidential. The Services shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Square Panda is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Mobile Application/Website may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Square Panda for the feedback under any circumstances, unless specified.

  15. MINOR

    Services are not intended to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. Square Panda does not intentionally or knowingly collect personal information through the Services from anyone under that age. We encourage parents and guardians to be involved in the online activities of minor to ensure that no personal information is collected from a minor without their prior consent.

  16. ASSIGNMENT

    Square Panda reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms of Use to any third party.

  17. TERMINATION OF YOUR ACCOUNT BY US

    • Square Panda, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Services at any time for any reason including termination for breach of any of these Terms of Use.
    • None of Your Content shall remain accessible on the Services upon termination. This information cannot be recovered by You, once the account is terminated. If You cancel your paid service before the end of current paid up period (month, quarter, half-year, full-year), its cancellation will take effect immediately and You shall not be charged again, nor will You receive a refund for the unused portion of the payment period.
    • The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms of Use.
  18. DISCLAIMER OF WARRANTIES

    THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE SERVICES ARE PROVIDED BY SQUARE PANDA ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SQUARE PANDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. SQUARE PANDA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICES IS AT THE USER’S SOLE RISK. SQUARE PANDA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, SQUARE PANDA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

  19. LIMITATION OF LIABILITY

    IN NO EVENT SHALL SQUARE PANDA, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE/MOBILE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SQUARE PANDA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF SQUARE PANDA VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF FEES PAID BY THE USER TO SQUARE PANDA. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

  20. SEVERABILITY AND WAIVER

    These Terms of Use, the Privacy Policy and other referenced material herein or on the Services, are the entire agreement between you and Square Panda with respect to the service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Square Panda with respect to the service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  21. GENERAL INFORMATION

    • These Terms and the relationship between Us and You are governed by the laws of India without regard to any conflict of law provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the courts in India, except that we may seek injunctive relief in any jurisdiction in order to enforce our rights under these Terms.
    • Under these Terms no person other than Us and You shall have any rights in relation to your access and/or use of the Services, provided that our third party licensors may take action against you to enforce any infringement of their intellectual property rights or other rights.
  22. GOVERNING LAW AND DISPUTE RESOLUTION

    These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, India. In the event of any dispute arising out of these Terms of Use the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, India and the language used shall be English.

  23. CALL / SMS & EMAIL

    By agreeing to Terms & Conditions, you agree to receive promotional SMS's / Emails / WhatsApp messages and Calls from SquarePanda or its associates.

  24. GRIEVANCE OFFICER

    In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

    Name: Puesh Ajmani

    Address: 605-606, A wing, 6th floor, kanakia wall street, Andheri-kurla road,
    Andheri east, Mumbai City, Maharashtra, 400093

    Contact: 9920047852

    Email ID: puesh@squarepanda.com

  25. HOW TO CONTACT US

    If you have additional questions or concerns about this Policy or want to make any request or suggestions regarding certain personal information, please contact us at support@squarepanda.in.