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Terms and Conditions

These terms and conditions form a legally enforceable binding contract ("Agreement") between You and Company Name (“StumpTalk”), having its registered office at THINK 11 (OPC) PRIVATE LIMITED In this Agreement, “we,” “us,” “our,” or “StumpTalk” refer to StumpTalk and its affiliates, including without limitation its officers, directors, shareholders, representatives and related entities. “You,” “your,” “customer,” or “user” refers to an account holder or user of record with us.

DEFINITIONS

  • "Rule": It means and include any of the following (as applicable):
    • The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data or Information) Rules, 2011; or
    • The Consumer Protection (E-Commerce) Rules, 2020;
  • "Act": It means and include any of the following (as applicable)
    • 'The Information and Technology Act, 2000';
    • 'The Information and Technology (Amendment) Act, 2008';
    • 'The Consumer Protection Act, 2019'.
  • "StumpTalk": It shall mean and include Company Name, its partners, employees, affiliates, key managerial personnel etc.
  • "Company": It shall mean and include Company Name, its partners, employees, affiliates, key managerial personnel etc.
  • "We": It shall mean and include Company Name, its partners, employees, affiliates, key managerial personnel etc.
  • "Website(s)/Mobile Application(s)": It shall mean and include all websites and mobile applications available for the User(s) owned and managed (directly or indirectly) by Company Name “StumpTalk”.
  • "Service(s)": It means and include the various services offered by StumpTalk to all its User(s) through the Website(s)/Mobile Application(s) of StumpTalk.
  • "User(s)": It shall mean and include all potential users, subscribers, consumers, registered or unregistered, natural or legal persons, who access, subscribe or register to our Website(s)/Mobile Application(s) of StumpTalk.
  • "Materials": It means and includes all information, materials, functions, texts, logos, designs, graphics, images, sounds, software, documents, products and services provided by StumpTalk on our Website(s)/Mobile Application(s) of StumpTalk.
  • "Public Forum": It means and include a chat portal for the users etc. to post or upload comments, feedback, data, links, videos, audios, graphics, images, messages and other material available in certain sections or pages of the Website(s)/Mobile Application(s) of StumpTalk.
  • "User(s) Content": It means and includes all or any comments, feedback, data, links, videos, audios, graphics, images, messages and any other materials uploaded by the Users of the said Website(s)/Mobile Application(s) of StumpTalk.
  • "Terms of Use": It shall mean and include all terms and conditions incorporated into this agreement including any updates, modification done from time to time, and published in our Website(s)/Mobile Application(s) of StumpTalk.
  • "Privacy Policy": It shall mean and include all terms and conditions incorporated into a document published and available in our Website(s)/Mobile Application(s) of StumpTalk under the heading called as 'Privacy Policy'
  • "User(s) Agreement": It refers to mean and include both documents i.e. the Terms of Use and the Privacy Policy, as published in our Website(s)/Mobile Application(s) of StumpTalk.

INTRODUCTION

According to the Information Technology Act, 2000 ("Act"), its regulations where applicable, and the updated provisions relating to electronic records in different statutes as amended by the Information Technology (Amendment) Act, 2008, this user agreement ("Terms of Use") is an electronic record. No digital or physical signatures are needed for these Terms of Use, which are generated by a computer system.

These Terms of Use regulate how you use StumpTalk's website(s) and mobile application(s), materials, our content, and the services that StumpTalk provides on such websites and mobile applications ("Service(s)").

In the context of these Terms of Use, "User" refers to any natural or legal person who has voluntarily registered as a registered user on our website or mobile application of StumpTalk or who otherwise browses or visits our website or mobile application of StumpTalk without registering or subscribing in any way that is available at the relevant time. The terms and conditions of use outlined in this Terms of Use and the Privacy Policy made accessible at our Website(s)/Mobile Application(s) of StumpTalk apply to your access to and use of the aforementioned Website(s)/Mobile Application(s).Please note that by accessing or using the said Website(s)/Mobile Application(s), the User(s) voluntarily agree to be bound by this Terms of Use and, this Terms of Use is a legally binding agreement between the User(s) and StumpTalk.

Use of Third-Party APIs

Our application relies on third-party APIs to provide certain data and services. For example, match data shown within the app is sourced from third-party providers and may vary in accuracy, availability, and timeliness depending on those external services. We make no guarantee regarding the availability, accuracy, or completeness of the data received through these third-party APIs. If the third-party API services are unavailable or experience delays, the data displayed in the application may be incomplete or outdated.

By using this application, you acknowledge and agree that we are not responsible for any disruptions or inaccuracies in the data provided through third-party APIs.

USER(S) REGISTRATION

Users do not need to register in order to utilize our StumpTalk mobile applications or websites. However, depending on the features offered on our website(s) or mobile application(s) of StumpTalk during the relevant time, users may register an account or log in using their Google account or mobile number to customize their experience with StumpTalk. User(s) further undertake and agree to:

  • provide true, accurate, correct and complete information as prompted by the applicable registration form made available at our Website(s)/Mobile Application(s) of StumpTalk;
  • maintain and update the true, accurate, correct and complete information provided by you during the registration process at our Website(s)/Mobile Application(s) of StumpTalk.

It might be necessary for you to select a user name and password. It is entirely your responsibility to keep your user name and password private, as well as the account you created.

StumpTalk reserves the right to terminate your account and prevent you from accessing any of our websites or mobile applications if it suspects that any user's account or password is being misused in any way or that the information they provided during the registration process is false, inaccurate, or incomplete.

Any and all acts that take place under a user's account are solely their responsibility. Additionally, users agree to notify us of any previous use, unauthorized use, or security breach involving their account. Additionally, we won't be responsible for any loss of users that might occur from someone else using their account or password or from users not adhering to this part.

USE OF OUR WEBSITE(S)/MOBILE APPLICATION(S) OF StumpTalk

The information, materials, functions, texts, logos, designs, graphics, images, sounds, software, documents, products, and services ("Materials") offered on our StumpTalk website or mobile application, as well as the way in which they are chosen, arranged, and displayed, may be copyrighted by StumpTalk, its suppliers, or outside service providers. StumpTalk and its partners own all of the software and materials on this site, and they are safeguarded by international copyright and other intellectual property laws where needed. With the exception of what is specified here, no part of the Materials may be altered, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any way, whether electronic, mechanical, photocopying, recording, or otherwise, without StumpTalk's prior written consent.

We thus give all of our users the freedom to access and utilize our StumpTalk websites and mobile applications for personal, non-commercial use only. Users are prohibited from using it for profit, in any way that violates the law, or in any way that endangers us or any other person or organization, as decided at our sole discretion.

Any links, pictures, text, and/or other content from our StumpTalk website or mobile application may be posted or shared by users on social media sites like Facebook, Twitter, Google+, WhatsApp, and others, as long as the original source is properly cited.

The materials on our StumpTalk website or mobile application are made available to the general public for non-commercial use only. StumpTalk and its partners are the exclusive owners of any intellectual property (if any) included on our websites or mobile applications, including the materials.

In respect of the contents available within our Website(s)/Mobile Application(s) of StumpTalk, including the Materials, all User(s) have to:

  • Keep intact all copyright and other proprietary notices;
  • Make no modifications to, and do not rent, lease, loan, sell, distribute, copy or create any derivative works based upon the work of StumpTalk or the Materials created/developed/ideated by StumpTalk, in whole or in part;
  • Not transfer any Materials or software or any part thereof to any other computer or mobile device;
  • Restrain from any commercial or business use of StumpTalk or any Materials including the software etc. as the same is expressly prohibited by StumpTalk; and
  • Ensure that none of the all or any functionalities, features etc. available at our Website(s)/Mobile Application(s) of StumpTalk are replicated or reproduced by our User(s) or by any third person at any other different website, mobile application or any other platform.

Nothing in this document should be interpreted as granting anyone a license or right regarding any StumpTalk patent, trademark, or copyright, whether explicitly stated above or impliedly through estoppel.

The user or users agree that nothing in these Terms of Use will transfer ownership of any copyrights, trademarks, service marks, trade names, or other proprietary rights that are available with our StumpTalk website or mobile application, or any portion of it, to them or any other third party.

PROHIBITED USE

Users agree that they will not use our websites or mobile applications of StumpTalk for any purpose that is illegal or forbidden by these Terms of Use or by any national or international laws, statutes, ordinances, or regulations. It has been made clear that the user(s) is solely responsible for using our website(s) and mobile application(s) of StumpTalk.

You shall not display, upload, modify, publish, transmit, update or share any information into our Website(s)/Mobile Application(s) of StumpTalk, that –

  • belongs to another person and to which you do not have any right;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of anothers privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
  • involves the transmission of "junk mail", "chain letters", "unsolicited mass mailing", "spamming" or "unsolicited commercial advertisement";
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of our resources/contents in general;

USE OF PUBLIC FORUM

Users may be able to post or upload comments, feedback, data, links, videos, audios, graphics, images, messages, and other materials (referred to as "User Content") in specific sections or pages of the StumpTalk website or mobile application (referred to as the "Public Forum"). Any user can interact with other users of the StumpTalk website or mobile application through the Public Forum.

All user content that is uploaded, posted, emailed, transmitted, or otherwise made available on the public forum is the sole and complete responsibility of the user or users. Users understand and accept that their content may be viewed by other users worldwide. As such, they must take reasonable precautions to ensure that their content does not offend or mistreat other users of StumpTalk's websites or mobile applications.

Since StumpTalk has no control over the User Content that is placed on the Public Forum, it cannot guarantee the quality, correctness, or integrity of such content. Users acknowledge that they may be exposed to offensive, indecent, or objectionable User Content when using StumpTalk's website or mobile application.

StumpTalk will never be held responsible for any User Content, including but not limited to any errors or omissions in such content, or for any loss or damage of any kind that results from using any User Content that is posted, emailed, transmitted, or otherwise made available on our website(s) or mobile application(s) of StumpTalk.

Our users give StumpTalk (and its licensees, distributors, agents, representatives, and other authorized persons) the irrevocable, perpetual, royalty-free, non-exclusive rights to reproduce, prepare derivative works based on, and distribute, perform, or display their User Content in whole or in part, in any form, on any media or technology that is known or developed after they post or upload it to our websites or mobile applications..

User content that is posted by one or more of our users may be disabled or the subject of an investigation under the applicable laws. Users consent that StumpTalk may disclose or retain User Content in accordance with legal requirements or in the good faith belief that such disclosure or preservation is reasonably required to:

  • comply with legal process;
  • respond to claims that any User Content violates the rights of third-parties; or
  • protect the rights, property, or personal safety of StumpTalk and the public.

Additionally, StumpTalk reserves the right to terminate a user's account, block access, and remove any User Content that violates our policies generally if any User is found to be in violation of the laws and regulations, these Terms of Use, or the Privacy Policy of our website(s) or mobile application(s).

Users acknowledge that StumpTalk is not liable for the preservation or removal of any User Content and maintains the right, at its sole discretion, to alter its general policies and restrictions at any time, with or without prior notification to its users.

COPYRIGHT AND TRADEMARKS

Unless otherwise stated, copyright and all intellectual property rights in all Materials on our Website(s)/Mobile Application(s) of StumpTalk [including but not limited to text, audio, video or graphical images, or technology, the look and feel of the website/mobile application, trademarks and logos appearing on our Website(s)/Mobile Application(s) of StumpTalk] may be the property of StumpTalk and may be owned and controlled by us or by other parties that have licensed their material to us. Materials on our Website(s)/Mobile Application(s) are solely for your personal, non-commercial use. Some content used on our Website(s)/Mobile Application(s) of StumpTalk may be taken from public domain and displayed herein. User(s) are bound to respect the respective intellectual property rights that may subsist in such Materials made available on our Website(s)/Mobile Application(s). User(s) must not copy, reproduce, republish, upload, post, transmit or distribute the Materials in any way, including by e-mail or other electronic means and whether directly or indirectly and must not assist any other person to do so. Without the prior written consent of the owner, modification of the Materials, use of the Materials on any other web site or networked computer environment or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is strictly prohibited. Any use for which the User(s) receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. User(s) agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of StumpTalk or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on our Website(s)/Mobile Application(s) of StumpTalk, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent as permitted by the appropriate laws.

We respect other peoples intellectual property rights and if you believe that any content or material on our Website(s)/Mobile Application(s) of StumpTalk infringes on your intellectual property rights, the User(s) or any other concerned person are requested to click upon Contact Us(Insert Contact Link from the App) in order to know further details for necessary action.

LINKS

On occasion, we may include a hypertext link to a third-party website on one or more of our StumpTalk websites or mobile applications. These links are offered for our users' convenience and information, and they do not express or imply any sponsorship or support of third-party websites. StumpTalk has no control over these third-party websites, and users use them at their own risk and are responsible for any off-site interactions they have with them.

USE OF GOOGLE ANALYTICS

Google Analytics, a web analytics tool offered by Google, Inc. ("Google"), is used by our StumpTalk website or mobile application. "Cookies" are text files that are stored on your computer and are used by Google Analytics to track how users interact with the website or mobile application. Google will send and store the data created by the cookie about how you use the website or mobile application, including your IP address, on servers located in the United States. Google will use this data to assess how you use the website or mobile application, create reports on website activity for website owners, and offer other services related to Internet usage and website activity. When mandated by law or when those third parties handle the data on Google's behalf, Google may also give this information to them. By using this website or mobile application, users agree that Google may treat their personal data in the ways and for the reasons mentioned above.

ADVERTISING MATERIAL

There may be advertising, marketing, or other content that has been contributed to us by third parties on some or all of our StumpTalk websites and mobile applications.

It is solely the responsibility of the entity supplying the information or content to ensure that it conforms with applicable laws before it is posted on any of StumpTalk's websites or mobile applications. User(s) and advertisers are the only parties to correspondence, business dealings, participation in advertiser promotions, payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations pertaining to such dealings. We disclaim all liability for any claims, errors, omissions, or inaccuracies in advertising materials, as well as for any loss or harm of any kind brought on by these transactions or the presence of such advertisers on our StumpTalk websites or mobile applications. Any advertising content submitted for placement may be removed, suspended, or repositioned at our discretion.

All or any of the Users acting in support of or relying on such third-party advertising materials are not guaranteed or given any assurance by us.

It is made clear that any sponsored content of products, services, or activities (expressedly displayed at the appropriate sections on our website(s) or mobile application(s) of StumpTalk) is not requested by StumpTalk and should not be interpreted as a promotion carried out at StumpTalk's request.

INTERNATIONAL USE

As a business established in accordance with Indian legislation, StumpTalk makes no claims regarding the suitability or accessibility of its websites or mobile applications outside of India. Users who decide to access it from other places do so at their own risk and are entirely in charge of adhering to any applicable legal requirements.

DISCLAIMER AND LIMITATION OF LIABILITY

  • By accessing and/or using our Website(s)/Mobile Application(s) of StumpTalk and its service (hereinafter referred to as the "Service"), User(s) have read, understood and agree to be legally bound by the terms of this disclaimer. User(s) agree that your access to the Service is at your sole risk and at your free will.
  • The Service and all material therein contained are distributed and transmitted on an "as is" and "as available" basis.

  • We disclaim any and all express or implied representations, warranties and/or conditions of any kind, including but not limited to warranties of completeness, accuracy, reliability, suitability, fitness, merchantability, availability, quality, fitness for any purpose, non- infringement, compatibility and/or security;
  • We are not responsible or liable for any infection or contamination of your system or device arising out of or in connection with your use of the Service or any connected service and do not warrant that the Service, the server(s) that make the Service available or any connected services are free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components;
  • We are not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of your use of the Service or any connected service or with respect to the material and user material thereon; and
  • We do not warrant that the Service, or any connected service, linked microsites, any materials, third-party content, other services offered will be uninterrupted or error free or accurate or suit your purpose.
  • Industry standard efforts are made to keep the Service running smoothly. However, StumpTalk takes no responsibility for, and will not be liable for, the Service being unavailable due to any reasons.
  • The entire risk as to the quality, accuracy, adequacy, completeness, fitness, correctness and validity of any material and use of and access to the Service or any connected service rests solely with you.
  • User(s) may encounter third party applications while using the Service including, without limitation, websites, widgets, software, services that interact with the service. Your/User(s) use of these third party applications shall be subject to such third party terms of use or license terms. StumpTalk shall not be liable for any representations or warranties or obligations made by such third party applications to you under contract or law.
  • The Service may contain links to other third-party websites/services which are not under the control of StumpTalk. Any website/application you visit by a link from the Service is solely the responsibility of the third party providing the website. The content of, including materials and information contained on, any third-party website/application to which you link from the Service is solely the responsibility of the provider of that third party website/application. Any transactions that you enter into with a third party listed in this Service or linked from this Service are solely between you and that third party. We are not responsible for any such third-party content/feature that may be accessed via the Service, nor the organizations publishing those third-party websites/applications, and hereby disclaim any responsibility and liability for such content. The inclusion of any links does not constitute or imply an endorsement or recommendation by us of the third- party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement/functionality/necessary embedment or integrations, any other information or offer in or in connection with the third party website/application.
  • To the fullest extent permissible by law, StumpTalk, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders/partners, agents, representatives, sub-contractors, consultants and third- party providers shall not be liable for any loss and/or damage and/or claims of any kind (whether in contract, tort or breach of statutory duty or otherwise) arising out of or in connection with the Service and/or materials and/or user material and/or any connected third party website including without limitation:
    • Indirect or consequential loss;
    • Loss of profits or revenue or savings or other economic loss;
    • Incidental, direct, or special loss or similar damages;
    • Loss of or damage to data;
    • Loss of business, reputation or goodwill;
    • Loss of use;
    • Wasted or lost management time;
    • Even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable.
  • When the User(s) share password or allow a third party to access his/her account, he/she agrees to remain responsible for compliance with this Terms of Use by any such third party. We will not be liable for any loss or damage arising from your failure to adequately safeguard your password or for any actions occurring under your password.
  • User(s) agree that StumpTalk shall not be liable for any direct, special, incidental, indirect or consequential damages of any kind in connection with this agreement or your use of our Website(s)/Mobile Application(s) of StumpTalk, even if StumpTalk has been informed in advance of the possibility of such damages.
  • Notwithstanding the foregoing, in no event shall StumpTalk or its affiliates, associates and group companies; liability to you for any and all losses, damages or claims of whatsoever nature (whether in contract, tort, breach of statutory duty or otherwise) including under the Privacy Policy shall exceed the amount paid by you, if any, for accessing the Service provided. However, the maximum liability, in any case, whatsoever, of StumpTalk in all instances shall not exceed INR 500 (Indian National Rupees Five Hundred only).
  • If you are dissatisfied with the Service or with these Terms of Use or the Privacy Policy of our Website(s)/Mobile Application(s) of StumpTalk, your sole and exclusive remedy is to discontinue accessing or using the Service.

INDEMNITY

Users agree that the company, its officers, directors, employees, affiliates, and representatives will be held harmless from any claim or action (including legal costs) resulting from their use of StumpTalk's website or mobile application, from their violation of the company's terms of use or privacy policy, or from any infringement of the intellectual property rights or privacy of third parties.

CHANGES OF TERMS OF USE

We have the right, in our sole discretion, to change the Privacy Policy and these Terms of Use at any time. Any modifications to the Terms of Use or the Privacy Policy will be announced on our StumpTalk website or mobile applications. If you continue to use the website or mobile application after a change has been posted, you agree to all updates and modifications. All users are also bound by the most recent version of the Terms of Use or the Privacy Policy that has been posted on our StumpTalk website or mobile application. You must stop using our StumpTalk website or mobile application if you disagree with any modifications to these terms of use or the privacy statement. Your access to all or any portion of our StumpTalk website or mobile application may be suspended or denied at our sole discretion, including in the event that you violate any of these Terms of Use or the Privacy Policy. Additionally, we have the right to alter our StumpTalk website or mobile application at any moment and without giving users advance warning.

RELATIONSHIP

The terms of the Terms of Use and the Privacy Policy do not establish a partnership or agency between the User(s) and StumpTalk, nor do they grant the User(s) the power to impose any kind of obligation on StumpTalk. You affirm that you have the legal right to bind your organization to all of the conditions of this conditions of Use and the Privacy Policy of our Website(s)/Mobile Application(s) of StumpTalk if you are registering as a business entity.

TERMINATION

For any reason, we reserve the right to immediately, with or without prior notice, suspend or terminate your registration or subscription, the Terms of Use, and/or your access to all or a portion of our StumpTalk website(s) or mobile application(s). We may also remove any User Content or registration information from our StumpTalk website(s) or mobile application(s). Your responsibilities and StumpTalk's rights and disclaimers remain in effect upon termination or expiration of the Terms of access or of your registration or subscription; however, your ability to access our website(s) or mobile application(s) of StumpTalk immediately ends. No ongoing waiver or expectation of non-enforcement will result from any express waiver or from a failure to immediately exercise any right under the Terms of Use.

MISCELLANEOUS

  • These Terms of Use contain the entire understanding between User(s) and StumpTalk and supersedes all prior understanding between the User(s) and StumpTalk in respect of the User’s access and/or use of the Service.
  • If any provision of these Terms of Use is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
  • User(s) confirm that their representations, warranties, undertakings and covenants, and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms of Use and the Privacy Policy of our Website(s)/Mobile Application(s) of StumpTalk.
  • Any express waiver or failure to exercise promptly any right under these Terms of Use and the Privacy Policy of our Website(s)/Mobile Application(s) of StumpTalk will not create a continuing waiver or any expectation of non-enforcement.
  • User(s) agree that StumpTalk shall be under no liability whatsoever to its User(s) in the event of non-availability of the Service or any portion thereof occasioned by Act of God, pandemic, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, service maintenance, server maintenance, or any other cause whatsoever beyond the control of StumpTalk.
  • Unless otherwise specified, the Service is presented solely for the purpose of entertainment and promoting programs. StumpTalk makes no representation that the Service is appropriate or available for use in locations other than India. Those who choose to access the Service from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with the relevant applicable local laws.
  • The Privacy Policy (as also provided in our Website(s)/Mobile Application(s) of StumpTalk), and any other documents, instructions, etc. included on our Website(s)/Mobile Application(s) of StumpTalk shall be read into this and shall be a part of these Terms of Use. The Privacy Policy shall form an integral part of the Terms of Use and both these documents constitute the User(s) Agreement and a legally binding contract between StumpTalk and the User(s).
  • These Terms of Use shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at THINK 11 (OPC) PRIVATE LIMITED without giving effect to any principles of conflicts of law.