testing1 Terms and Conditions
These Terms and Conditions, together with the Privacy Policy and any applicable User Agreement (collectively, the “Terms”), govern your access to and use of the website owned and operated by TM Ventures Private Limited (the “Company”, “we”, “us”, or “our”) (the “Website”).
By accessing, browsing, or using the Website, you (“User” or “you”), including a parent or legal guardian acting on behalf of a minor, expressly agree to be legally bound by these Terms. If you do not agree, you must immediately cease use of the Website.
The Company reserves the right to amend, modify, or update these Terms at any time at its sole discretion. Such changes shall become effective immediately upon publication on the Website. Continued use of the Website constitutes acceptance of the revised Terms.
1. Scope and Applicability
1.1 These Terms govern your use of the Website and all services, features, content, tools, and functionalities made available through it (“Services”).
1.2 Certain Services may be subject to additional terms or separate agreements (“User Agreement”). In case of conflict, the User Agreement shall prevail to the extent of such conflict.
1.3 The Privacy Policy forms an integral part of these Terms and is incorporated herein by reference.
1.4 Access to the Website is permitted on a temporary and revocable basis. The Company reserves the right to suspend, withdraw, discontinue, or modify any Service without notice and without liability.
2. User Eligibility
2.1 In accordance with the Indian Contract Act, 1872, only persons competent to contract are eligible to use the Website.
2.2 Persons under the age of 18 years, undischarged insolvents, or persons otherwise disqualified under applicable law are not permitted to independently use the Website.
2.3 A minor may use the Website only through a parent or legal guardian who agrees to these Terms on their behalf and assumes full responsibility.
2.4 By using the Website, you represent and warrant that:
- You are legally competent to enter into a binding agreement;
- All information provided by you is true, accurate, and complete;
- You will comply with applicable laws.
2.5 The Company reserves the right to suspend or terminate access if eligibility requirements are not satisfied.
3. Account Registration and Security
3.1 You are solely responsible for maintaining confidentiality of your account credentials.
3.2 You are fully responsible for all activities conducted through your account.
3.3 The Company shall not be liable for any loss arising from unauthorized use of your account due to your failure to safeguard credentials.
3.4 You agree to comply with all authentication and security procedures implemented by the Company.
4. Verification and KYC
4.1 The Company may require identity verification and KYC documentation at any stage.
4.2 You agree to provide accurate and authentic information including but not limited to name, address, identification documents, banking details, guardian details (if applicable), and any other information required under law.
4.3 The Company may retain such information in accordance with applicable law and its Privacy Policy.
4.4 Failure to provide satisfactory verification may result in restriction or termination of Services.
5. Intellectual Property Rights
5.1 All content on the Website including text, graphics, logos, images, videos, audio, databases, code, design structure, compilation, trademarks, trade names and related materials (“Content”) are owned by or licensed to the Company.
5.2 Nothing contained herein transfers any ownership rights to you.
5.3 You may access Content solely for personal, non-commercial use.
5.4 You shall not:
- Reproduce, distribute, modify, publish, transmit, create derivative works of, or commercially exploit Content;
- Reverse engineer, decompile, disassemble, or attempt to derive source code;
- Use bots, scraping tools, automated extraction methods;
- Frame or mirror the Website;
- Use Company trademarks without prior written consent.
5.5 Unauthorized use shall constitute infringement and may result in civil and criminal liability.
6. Restrictions on Use
6.1 You agree not to host, upload, publish, transmit, or share any information that:
- Is unlawful, defamatory, obscene, pornographic, paedophilic, invasive of privacy, hateful or racially objectionable;
- Harms minors in any way;
- Impersonates another person;
- Infringes intellectual property rights;
- Contains viruses or malicious code;
- Threatens national security, sovereignty, or public order;
- Is patently false and intended to mislead or cause harm.
6.2 You shall not engage in fraudulent activity, money laundering, unauthorized access attempts, or any activity that disrupts Website functionality.
7. Third-Party Services
7.1 The Website may contain links to third-party platforms and services (“Third-Party Services”).
7.2 The Company does not control, endorse, or assume responsibility for Third-Party Services.
7.3 Any transaction with third parties is solely between you and such third party.
8. Content Review and Moderation
8.1 The Company may review User Generated Content through automated tools or manual moderation.
8.2 The Company reserves the right to modify, remove, restrict, or refuse any content violating these Terms or applicable law.
8.3 Content may be removed within three business days of receipt of complaint.
9. Suspension and Termination
9.1 The Company may limit, suspend, or terminate your access if:
- You breach these Terms;
- You provide false or misleading information;
- Fraud or unlawful conduct is suspected;
- Required by law or regulatory authority;
- Identity verification fails.
9.2 The Company may act without prior notice where necessary for security or compliance.
9.3 The Company is not obligated to disclose internal risk assessment criteria.
10. Disclaimer of Warranties
10.1 The Website and Services are provided on an “as is” and “as available” basis.
10.2 The Company makes no warranties, express or implied, including merchantability, fitness for purpose, non-infringement, or uninterrupted access.
10.3 The Company does not warrant that the Website will be error-free, secure, or free of viruses.
11. Limitation of Liability
11.1 To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages.
11.2 The total aggregate liability of the Company shall not exceed the amount paid by you, if any, in the preceding three months.
11.3 The Company shall not be liable for loss of data, profits, goodwill, or business interruption.
12. Indemnity
12.1 You agree to indemnify and hold harmless the Company, its directors, officers, employees, affiliates, and agents against any claims, damages, losses, liabilities, costs, and expenses arising from:
- Your breach of these Terms;
- Violation of applicable laws;
- Infringement of third-party rights;
- Misuse of the Website.
13. Force Majeure
13.1 The Company shall not be liable for failure or delay caused by events beyond reasonable control including natural disasters, governmental actions, war, cyber-attacks, internet disruptions, or regulatory changes.
14. Governing Law and Dispute Resolution
14.1 These Terms shall be governed by and construed in accordance with the laws of India.
14.2 Any dispute shall first be resolved amicably within 30 days.
14.3 Failing amicable resolution, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
14.4 The seat and venue of arbitration shall be Mumbai, Maharashtra.
14.5 Courts at Mumbai shall have exclusive jurisdiction.
15. Statutory Compliance
15.1 The Company operates in compliance with the Information Technology Act, 2000, the applicable Intermediary Guidelines, and other applicable Indian laws.
15.2 Users shall comply with all applicable laws including data protection and cyber laws.