THE CONTENT AND ALL SERVICES ASSOCIATED WITH Speech and Hearing Kart ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF Speech and Hearing Kart OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING (i) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON Speech and Hearing Kart OR (ii) OF THE SERVICE AND PRODUCTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ENGAGES AND EMPLOYS THE BEST METHODS TO SAFEGUARD AND PROTECT AGAINST VIRUSES, INFECTION, ETC, HOWEVER, DESPITE SUCH BEST EFFORTS, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. THE COMPANY EXPRESSLY DISCLAIMS ANY EMERGENCY SERVICES.
Limitation of Liability. Neither the Company nor any of its affiliates shall be liable for any indirect, incidental, special, or consequential damages resulting from the use or the inability to use Speech and Hearing Kart or Mobile App Content including, but not limited to, (a) damages caused by defamatory, offensive, or illegal material, (b) damages caused by viruses, malfunctions, or harmful components accessed through Speech and Hearing Kart, and (c) damages for lost profits, loss of data, or other intangibles, or any consequences of whether foreseeable or unforeseeable.
Indemnification.
If anyone brings a claim against the Company related to your actions, you will indemnify and hold the Company and its affiliates harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Speech and Hearing Kart and is not responsible for any of your actions in using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on Speech and Hearing Kart. The Company is not responsible for the conduct, whether online or offline, of you.
Additions and Alterations to Terms of Use
- 1. The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting. The Company will inform you of such additions/alterations through e-mails or messages to your Account, notices posted on Speech and Hearing Kart, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted on the Speech and Hearing Kart
- 2. Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
- 3. Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately.
Governing Law, Jurisdiction and Dispute Resolution.
These Terms shall be governed by, interpreted and construed in accordance with the laws of the Republic of India. User will resolve any claim, cause of action or dispute, or claim arising out of or relating to these Terms exclusively in the courts of law at Hyderabad, Telangana.
If anyone brings a claim against the Company related to your actions, User Information, or any other information provided by You to the Company, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Speech and Hearing Kart and is not responsible for the User Information you transmit or share on or use on the Website or for any of your actions using the Services. The Company is not and shall not be responsible for Your conduct, whether online or offline, in the dealings with or facilitated by Speech and Hearing Kart and the Company.
Miscellaneous.
- 1. These Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect.
- 2. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for the mere convenience of the User.
- 3. All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- 4. The Company reserves the right to research and publish general user behaviour categorized at its discretion.
- 5. By using Speech and Hearing Kart and these Terms, You agree to receive account and feature e-mails, calls and messages from the Company.
- 6. Speech and Hearing Kart uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of Speech and Hearing Kart, research and development, and for User administration. In the course of serving advertisements or optimizing Services to You, Speech and Hearing Kart may allow authorized third parties to place or recognize a unique cookie on the Your browser. The Company does not store personally identifiable information in the cookies.
