This Terms of Service document, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 10 (the “TOS”), is an agreement which you must accept in order to use the BSPL site. It is applicable to all users of BSPL. The terms “You” and “users” encompass all users, visitors and surfers. This document describes both your rights and your obligations as part of using the site. It is important that you read it carefully because you will be legally bound to these terms. By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you agree to be bound by this TOS.
If you are entering into this TOS on behalf of a company or business, you represent that you have the authority to bind such entity, its Members, its Administrative Users, and its affiliates to this TOS. In that case, the terms “you” or “your” shall also refer to such entity, its Members, its Administrative Users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this TOS, you may not use the Service. You acknowledge that this TOS is a contract between you and BSPL, even though it is electronic and is not physically signed by you and BSPL, and it governs your use of the Service.
As our business evolves, BSPL may change this TOS. If we make a material change to the TOS, we will post it on this page. You can review the most current version of the TOS at any time by visiting this page.
Description of Service
The “Site” include (a) website basecampstartups.co.in, and our related 3rd party applications. Any new features added to or augmenting the Site are also subject to this TOS. BSPL reserves the right to modify or discontinue the Site or any feature or functionality thereof at any time without notice to you.
All rights, title and interest in and to the Site and its components (including all intellectual property rights) will remain with and belong exclusively to BSPL
Access and Use of the Site
You may access and use the Site only for lawful, authorized purposes and you shall not misuse the Site in any manner. Any software that may be made available by BSPL in connection with the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, BSPL only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service and in accordance with our policies. Any rights not expressly granted herein are reserved.
Your Data Rights and Related Responsibilities
“Your Data” means any data and content stored or transmitted via the Services by or on behalf of you.
If you send us any feedback or suggestions regarding the Site, you grant BSPL an unlimited, irrevocable, free license to use any such feedback or suggestions for any purpose without any obligation to you.
Representation of Data
You agree not to use the BSPL Site to:
Disclaimer of Warranties
The Site may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but BSPL shall use reasonable efforts to provide advance notice of any material scheduled service disruption.
THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND BSPL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT BSPL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM BSPL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BSPL BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA.
Dispute Resolution/Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS
Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 30 days after one of us notifies the other of a Claim in writing. Notice of the Claim will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested.
Formal Resolution. If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction.
You shall defend, indemnify, and hold harmless BSPL from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Data, or your (and your Members’) use or misuse of the Service. BSPL shall provide notice to you of any such claim, suit or demand. BSPL reserves the right to conduct the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting BSPL defense of such matters.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.
Integration, Modification, and Authority
Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind BSPL in any respect whatsoever.
Except as otherwise set forth herein, all notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Choice of Law and Forum
You and BSPL each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Madhya Pradesh.