PLEASE READ THE FOLLOWING TERMS OF USE (THE “TERMS”) VERY CAREFULLY, AS YOUR USE OF THE PLATFORM (AS DEFINED BELOW) IS SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS.

BY DOWNLOADING OR INSTALLING, REGISTERING, ACCESSING OR OTHERWISE USING THE PLATFORM, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE PROPRIETOR (AS DEFINED BELOW).

IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT USE OR INSTALL THE PLATFORM.

IF YOU CONTINUE TO USE THIS PLATFORM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY (“PRIVACY POLICY”) GOVERN YOUR RELATIONSHIP WITH US.

 

 

1. DEFINITIONS:

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1. 1“The Company”; “we”; “us”; “our”; shall mean Success Engravers Pvt. Ltd., the company registered under The Companies Act, 1956.

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1. 2  “Platform” shall mean and include the proprietary web-based application and mobile application of the us, namely “[insert name]”, along with          the website www.successengravers.com (“Website”) that facilitates the Users with information about manufacturing & installation of signages.

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1. 3  “Services” shall mean signage manufacturing & installation services.

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1. 4  “You”; “your”; “Users” shall mean an individual or entity that accesses and uses the Platform to avail the Services.

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1. 5  “User Account” shall be the account, which the Users shall be required to create on the Platform to avail the Services offered by the Proprietor.

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2. SCOPE OF THE PLATFORM

 

The Platform facilitates the Users with information about signage manufacturing & installation services. The Platform, if enables, the Users to either upload the picture of the User Content or upload the User Content in the specified file formats. The User can submit the User Content in English.

 

You understand and acknowledge that your use of the Platform is at your own risk and The Company, shall not be liable for any consequences arising from such use.

 

 

3. REGISTRATION 

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In case, the platform provides for registration of users, to avail the Services provided through the Platform, you need to complete the registration process on the signup page on the Platform. For such registration and creation of User Account, you shall be required to provide your name, email address, telephone number, city, and country, which will be validated through the Platform. We may also create such User Account on your behalf. Through this User Account, you will be eligible for receiving further alerts and instructions related to the Services made available through the Platform.

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4. USER ACCOUNT SECURITY:

You will be responsible for maintaining the confidentiality of your User Account and are fully responsible for all activities that occur under your User Account. You agree to immediately notify The Company of any unauthorized use of your User Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

You agree to use the Platform only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Proprietor or other Users.

You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Proprietor. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Proprietor property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

 

 

5. USE OF SERVICE

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Subject to these Terms, you are hereby granted a fixed-term, non-exclusive, limited, non-transferable, revocable, non-sub licensable, license to use and access the Services and the Platform for your personal, non-commercial use only and as permitted by the features of the Services in accordance with these Terms. The Company grants you this license as set forth in these Terms, provided that: (i) you will not copy, distribute, or disclose any part of the Services and the Platform in any medium; (ii) you will not alter or modify any part of the Services and the Platform other than as may be reasonably necessary to use the Services for its intended purpose; (iii) you agree not to sell, license, rent, reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any Services (iv) you will otherwise comply with these Terms. Nothing herein contained shall be construed as granted to the User any intellectual property right, which includes copyrights, regarding the Platform and/or Services except as expressly provided for hereunder. Proprietor reserves all rights not expressly granted herein. Use of the Platform for any purpose not expressly permitted by these Terms is strictly prohibited.

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6. ACCESS TO THE PLATFORM:

 

By registering for a User Account through the Platform (If the platform provides such facility), you represent and warrant that you are of the age of majority in the jurisdiction in which you reside. You agree to:

 

1. provide accurate, authenticated and true information about yourself;

2. maintain the security of your passwords and identification;

3. promptly update the email address and mobile number listed in connection with your User Account to keep it accurate so that we can contact you; and

4. be fully responsible for all actions through your User Account.

 

You must not set up a User Account on behalf of another individual or entity unless you are authorized to do so.

 

Registration with the Platform does not make you a member, shareholder or affiliate of The Company for any purposes whatsoever, nor shall you have any of the rights of statutory members of The Company.

 

Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the Platform or your User Account that is known to you or suspected, and (iii) not provide false identity or information to gain access to or use the Platform.

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7. PRICING

 

After you approve the estimated cost applicable for availing the Services, if such facility is provided by the platform,  you will be directed to the payments page. Payments will be reflected in INR. All prices are inclusive of taxes unless stated otherwise.

 

You can elect to pay for the Products through various modes of payment:

• Net Banking, NEFT, RTGS, IMPS, UPI, and Debit & Credit Cards;

• E-Wallets;

• Any other mode of payment as may be acceptable to The Company.

 

We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the lack of authorization for any transaction, on account of a User having exceeded the credit limit with his/her bank or for any payment issue arising out of the transaction.

 

Use of the payment facilities available on the Platform shall not render The Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products purchased through the Platform. The Proprietor shall not be responsible for any damages, interests or claims arising from a transaction being unprocessed.

 

If The Platform utilizes a payment gateway for online payments, Every User who elects to pay online using such payment gateway hereby agrees to provide accurate information, such as credit/debit card information for making payment of the Services on the Platform.  Every User further warrants that he/she shall not use any payment information or instrument that is not lawfully owned by the User. The Proprietor disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or any pre-paid instruments. In addition to these Terms, the terms and conditions of the concerned bank or other financial institution shall also be applicable to every User and Customer. The Proprietor disclaims any liability arising out of the failure to process payments by such banks or financial institutions.

 

If The Company terminates your account; or if you close your account, or if the payment of your order cannot be completed for any reason, you shall be obligated to pay the Proprietor for all unpaid fees plus any penalties, as may be applicable.

 

The Platform is merely a facilitator for providing the Users with payment channels through automated online electronic payments, collection and remittance facility for the payment of Services availed by the Users on the Platform using the existing authorized banking infrastructure and online payment gateway networks.

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8. USER CONTENT:

 

You understand and acknowledge that your use of the Service is solely based on the User content, including but not limited to your personal details such as name, email address, contact number provided by you at the time of creating a User Account and to avail the Services you may be required to share/upload data including but not limited to any write up, data files, graphics and other materials (“User Content”). You agree that you shall be solely responsible for collecting, uploading and updating all the User Content uploaded on the Platform, and for ensuring that the User Content does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party; (ii) contain anything that is obscene, defamatory, harassing, offensive, malicious, harmful, abusive, invasive of privacy, defamatory, threatening, harassing, embarrassing, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. We shall not be held liable or responsible for the User Content that gets uploaded/shared through your User Account on the Platform. You agree that excluding the personal details provided for the purpose of creating a User Account you cannot modify the User Content once shared/uploaded on the Platform for availing the Services. You shall indemnify and hold us harmless for any claims related to User Content. You warrant that User Content is true and accurate at all times and you undertake to update User Content from time to time.  If we become aware that the information provided by you is incorrect or false, we reserve the right to immediately cancel your registration and acceptance for your registration in the future will be at our discretion. Notwithstanding forgoing, to the extent applicable by law, we have a right to proceed legal action against you, in the event of breach under this Agreement.

In the event of any loss or damage to User Content, the User’s sole and exclusive remedy shall be for

The Company to use reasonable commercial endeavors to restore the lost or damaged User Content from the latest back-up of such User Content maintained by The Company in accordance with its archiving procedure. The Company shall not be responsible for any loss or destruction of User Content. 

 

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9. ADVERTISEMENTS:

 

The Platform may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by The Company of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

 

 

10. OWNERSHIP OF INTELLECTUAL PROPERTY

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The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform and are owned by The Company and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant you any rights to the intellectual property rights contained in the Platform.

The Company respects copyright, and we prohibit Users from submitting, uploading, posting, or otherwise transmitting any content or details through the Platform that violates another person’s or entity’s proprietary rights.

If you believe that the Platform contains elements that infringe your intellectual property rights in your work, please notify the Proprietor immediately. If we receive any intellectual property right infringement claim notification, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.  

All material on this Platform, including but not limited to audio, video, images, photographs, software, text, icons, and such like (the “Platform Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the Platform Content, except as specified herein.

There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may choose to, or we may invite you to submit or you may submit or take part in chats, testimonials, blogs, photographs, content, whitepapers, comments, newsletters, reviews, ratings about the Services, including without limitation about how to improve the features of the Platform (“Feedback”). By submitting such Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Proprietor under any fiduciary or other obligation to maintain the secrecy of such Feedback, and that we are free to use the Feedback, without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Proprietor does not waive any rights to use similar or related ideas previously known to the Proprietor or developed by its employees or obtained from sources other than you.

In case you wish to submit any oral Feedback or raise a complaint, please write to admin@successengravers.com or call +919404998884 during Working hours : Monday to Friday  10 am To 5 pm.( +5.30 GMT)

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11. CONFIDENTIALITY

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Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the features, functionalities, processes, data and information regarding the Platform, or other information of a confidential nature disclosed by one party to the other party under these Terms, in any form (“Confidential Information”). Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without use of Confidential Information; (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms.

We will keep any personal information shared by you, confidential and only use it as per the terms of our Privacy Policy.

 

 

12. PROHIBITED CONDUCT:

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You agree not to engage in any of the following activities:

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  Violating laws and rights:

You may not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

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  Solicitation:

You may not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

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  Disruption:

You may not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including:

 

(a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or

(b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.

 

  Harming others:

You may not share or transmit content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incite the commission of an illegal or violent act;

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  Impersonation or unauthorized access:

You will not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Platform;

 

You will not use or attempt to use another’s User Account or personal information; and you will not attempt to gain unauthorized access to the Platform, through hacking, password mining or any other means.

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  Developing competing offerings:

You will not use the Platform to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Platform.

 

You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Proprietor, the Proprietor may terminate your right to use the Platform and the Services and take any other corrective action as it deems fit.

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13. PROMOTIONS AND OFFERS

 

We may encourage Users to participate in certain promotions, discount offers, contests, social media events, memberships (“Promotions”) released by us, from time to time. These Promotions would be at our own discretion. The Promotions may have its own terms and conditions, which will be in addition to these Terms. Promotions cannot be transferred or clubbed. We may request for additional information from the Users if the Users wish to participate in these Promotions.

 

 

14. DISCLAIMER OF WARRANTIES

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YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM, TRANSLATED CONTENT AND THE SERVICES PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROPRIETOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE SERVICES, TRANSLATED CONTENT AND YOUR USE THEREOF. THE PROPRIETOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, TRANSLATED CONTENT OR ANY INFORMATION PROVIDED OR THE PLATFORM'S CONTENT OR THE DATA SHARED BY OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE PROPRIETOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF TRANSLATED CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM 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 AVAILING ANY SERVICES FROM THE PLATFORM.THE PROPRIETOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

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15. LIMITATION OF LIABILITY

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IN NO EVENT SHALL THE PROPRIETOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR MONETARY LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM OR THE SERVICES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR MONETARY LOSSES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.

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16. INDEMNIFICATION

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You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:

 

  (i) infringement of any third- party intellectual property rights;

  (ii) any breach of these Terms;

  (iii) any breach of applicable laws;

  (iv) transactions (present and subsequent) between you and the Proprietor or any third-party advertisers;

  (v) your use of and access to the Products and Services;

  (vi) your violation of these Terms;

  (vii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;

  (viii) your violation of any applicable law, rule, or regulation;

  (ix) User content or any other information or content that is submitted through your User Account including without limitation misleading, false,                  incomplete or inaccurate information.

 

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17. PRIVACY POLICY

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We are committed to responsibly handling the information and data we collect through the Platform in compliance with our Privacy Policy. Please review the Privacy Policy so that you are aware of how we collect and use your personal information. Our Privacy Policy is located at successengravers.com/disclaimer.

 

18. TERMINATION

 

The Company reserves the right to terminate your right and access to use the Platform with or without any reason whatsoever. Additionally, your right to access and use the Platform terminates automatically upon your material breach of these Terms.

 

Survival: The Disclaimer of Warranties, the Limitation of Liability, Indemnity and the Jurisdiction and Applicable Laws provisions will survive any termination of these Terms.

 

 

19. MISCELLANEOUS TERMS

 

Choice of Law and Jurisdiction:

These Terms are governed by and shall be construed according to the laws of India. The acceptance of the Terms shall be deemed to have been given at Pune, Maharashtra, India and the courts in Pune shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities of the parties arising under these Terms, to the exclusion of all other courts in India.

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No waiver:

The Proprietor’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.

 

Severability:

If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

 

No agency relationship:

You agree that no joint venture, employment, or agency relationship exists between you and the Proprietor as a result of these Terms or due to your use of the Platform.

 

Entire Agreement:

These Terms and the Privacy Policy constitute the entire agreement between you and the Proprietor relating to this subject matter and supersede any and all prior communications and/or agreements between you and the Proprietor relating to this subject matter.

 

 

20. ELECTRONIC RECORD

 

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 require publishing the rules and regulations, Terms of Use for access and usage of the Platform.

 

 

21. CHANGE IN TERMS

 

We may update these Terms without notice to you. You are encouraged to check these Terms on a regular basis to be aware of the changes made to it. Your continued use of the Platform after such change shall be deemed to be your acceptance of the revised Terms.

 

The Terms were last modified on July 14, 2021