Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: India
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Stakque Digital Pvt. Ltd. (formerly known as Stakque Infotech Pvt. Ltd.), Mangalore.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the digital marketing services provided by the Company.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
All payments for the Servicesshall be made in Indian Rupees (INR) and shall be paid in accordance with the Company’s payment policies, which may include advance payment, payment milestones, or payment upon completion of services. The Company reserves the right to change its payment policies at any time.
You agree to provide accurate and complete billing information, including your full name, address, and any other information requested by the Company in order to complete the transaction. You also agree to promptly update your billing information in case of any changes.
Payments can be made through various payment methods, including but not limited to credit cards, debit cards, net banking, UPI, or other payment methods accepted by the Company. By providing a payment method, You represent and warrant that You are authorized to use the designated payment method and that You authorize Us (or Our designated payment processor) to charge Your payment method for the total amount of Your purchase (including any applicable taxes and other charges).
If the payment method cannot be verified, is invalid or is otherwise not acceptable, Your order may be suspended or cancelled. You must resolve any problem We encounter in order to proceed with Your order.
In accordance with applicable laws, the Company may charge applicable taxes, such as Goods and Services Tax (GST), on the services provided. You shall be responsible for the payment of all applicable taxes relating to Your use of the Service.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or INR 1000, whichever is greater.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The laws of India, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If a dispute is not resolved within 30 days of submission, any resulting legal actions must be resolved through final and binding arbitration under the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by the Company, and the place of arbitration shall be Mangalore, India. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties.
Notwithstanding the foregoing, the Company reserves the right to bring a claim for equitable relief, including injunctive relief or specific performance, in any court of competent jurisdiction if it believes that You have violated or threatened to violate any of the Company’s intellectual property rights, confidential information, or other proprietary rights.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: email@example.com
- By visiting this page on our website: https://stakque.com/contact
Neither party shall be held liable for any failure or delay in the performance of its obligations under these Terms and Conditions if such failure or delay is due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, labor disputes, natural disasters, or any other cause beyond the reasonable control of the affected party (“Force Majeure”). In such event, the affected party shall promptly notify the other party in writing and shall use its best efforts to resume performance as soon as possible.
You may not assign or transfer these Terms and Conditions or any of your rights and obligations hereunder, in whole or in part, without the prior written consent of the Company. The Company may assign or transfer these Terms and Conditions or any of its rights and obligations hereunder, in whole or in part, at its sole discretion.
These Terms and Conditions, together with any additional terms, conditions, policies, or agreements that are expressly incorporated herein by reference, constitute the entire agreement between You and the Company concerning the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, warranties, or communications, whether written or oral, relating to the subject matter hereof.
No amendment or modification of these Terms and Conditions shall be valid or binding upon the parties unless it is made in writing and signed by both parties or their duly authorized representatives.
No waiver of any provision of these Terms and Conditions or any rights or obligations of either party hereunder shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
The relationship between You and the Company is that of independent contractors. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally or sent by registered mail, postage prepaid, or by email to the respective addresses or email addresses of the parties as set forth in the applicable agreement, or to such other address or email address as either party may designate by notice to the other party.
Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Mangalore, India.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or invalidity thereof, the parties shall use their best efforts to settle such disputes amicably. If the parties are unable to resolve the dispute within thirty (30) days from the date on which the dispute was first notified in writing by one party to the other, either party may refer the dispute to arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Mangalore, India, and the award rendered by the arbitrator(s) shall be final and binding on the parties.
Compliance with Laws
Each party shall comply with all applicable laws, statutes, ordinances, and regulations in connection with the performance of its obligations under these Terms and Conditions, including, without limitation, any anti-bribery, anti-corruption, or anti-money laundering laws and regulations, and shall obtain and maintain at its own expense any and all necessary permits, licenses, or authorizations required in connection with its performance hereunder.
These Terms and Conditions may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of these Terms and Conditions delivered by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.