GroCurv Terms of Service
Welcome to our web site (the "Website"), which is provided and maintained by GroCurv Private limited
(formerly Benddit Global Business Private Limited), trading as GroCurv (who shall be referred in these Terms and Conditions as "we" or "us" and "our" shall be construed accordingly). The information and services available on the Website are subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
Any information provided on the Website is for general information purposes only. We try to ensure that all information provided on the Website is as accurate as possible and that information is correct (to the best of our knowledge) at the time of posting onto the Website and is reviewed regularly. However, to the fullest extent permitted by law, we do not warrant that any information available on the Website is accurate, complete, reliable, current, or error-free.
3. INTELLECTUAL PROPERTY
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is our property. The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are our registered and unregistered marks. All Trademarks not owned by us that appear on the Website are the property of their respective owners.
Except as set forth in the limited license in clause 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
4. LIMITED LICENCE
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited license set forth in this clause 4 does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content); (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) collect account information for the benefit of another party; (v) use any meta-tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page of the Website for personal, academic or commercial use. A website that links to our Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not use any Trademark without express written permission.
We reserve the right to monitor any pages containing such hyperlinks to check that you are complying with this license and we may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Website terminates the limited license set forth in this clause 4 without prejudice to any other remedy provided by applicable law.
5. YOUR INFORMATION
If you use the Website, you are responsible for ensuring the information provided in the registration form is true, accurate and complete. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
6. THIRD PARTY LINKS
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us or any of our associated companies of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
We welcome inquiries or feedback on the services you use or might like to use, however it is our policy to decline unsolicited suggestions and ideas.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
8. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
The website is presented "as is." we make no representations or warranties of any kind whatsoever, express or implied, statutory or otherwise, in connection with these terms and conditions or any information or services provided on the website.
Notwithstanding any other provision of these terms and conditions, under no circumstances shall we be liable to you for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits and loss of software or data, resulting from or arising out of the matter set out herein, whether a claim for such damage is based upon warranty, contract, tort, negligence or otherwise. in any event our maximum aggregate liability shall not exceed One Thousand Rupees (INR 1000.00).
WE SHALL NOT BE LIABLE FOR ANY DEFAULT ARISING DUE TO ANY ACT OF GOD, WAR, TERRORIST ACTION, STRIKE, LOCKOUT, INDUSTRIAL ACTION, FIRE, FLOOD, DROUGHT, TEMPEST OR ANY OTHER EVENT BEYOND OUR REASONABLE CONTROL.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10.1 During the course of carrying out the services under this Agreement, all Parties may have access to information that relates to other Party and/or its client(s)' Confidential Information. In connection therewith, the following shall apply:
(i) Subject to Clause 10.1 (ii), the Parties undertake not to disclose (whether in writing, verbally or by any other means of communication) to any person whosoever:
(a) any of the terms of this Agreement;
(b) any information termed as ‘Confidential Information’ under this Agreement; and
(c) any communications, arrangements or dealings between the Parties in connection with this Agreement and any matter, cause, issue or thing whatsoever relating to this Agreement.
(ii) Clause 10.1 (i) shall not apply to the extent of:
(a) any disclosure which any Party is required to make pursuant to and in accordance with any applicable Laws or regulations, to which such Party is subject provided that such disclosure is made in a form agreed between the Parties;
(b) any information which has entered the public domain without any breach by the disclosing Party of its obligations under this Agreement;
Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. You hereby understand and acknowledge that there may be certain laws, rules and regulations applicable to you, to which GroCurv is not required to comply with in India. In the event, it is required by such laws, rules and regulations (as applicable to you) for GroCurv to comply with such laws, rules and regulations, then it is your responsibility to inform GroCurv and provide the relevant details to GroCurv, for GroCurv to comply with such laws, rules and regulations and seek appropriate legal advice. You are also kindly requested to provide all such details and the applicable laws, rules and regulations at email@example.com. In the event, GroCurv is held liable for any non-compliance with any of such laws, rules and regulations, then you shall be held liable for the same and you will fully indemnify and defend GroCurv against any and all such claims and liabilities, unless you have communicated the compliance with such laws, rules and regulations to GroCurv in accordance with these terms and conditions and such claims and liabilities are arising due to the non-compliance solely attributable to GroCurv.
Nothing contained in these Terms and Conditions shall be construed as creating any agency or partnership between us. Our failure to enforce at any time or for any period any one of more of these Terms and Conditions shall not be deemed to be a waiver of them or of the right at any time subsequently to enforce any of these Terms and Conditions nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
If any term or provision in these Terms and Conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions and the enforce-ability of the remainder of these Terms and Conditions shall not be affected.
11A. PROJECT MONITORING and TRIPARTITE
We have recently launched a Project Monitoring module for projects on the platform. Clients opt in for this module. Please read.
11B. Subscription Agreement
We have recently launched a Subscription Plan for all Agencies on the platform. All Subscribing Agencies abide by terms and conditions mentioned here.
12. NO WAIVER
The failure of either Party, at any time during the term hereof, to require performance by the other party of any provision of this Agreement shall in no way affect the full right to require such performance at any time thereafter. The waiver by either Party of a breach of any provision of this Agreement does not constitute a waiver of any succeeding breach of the same or any other provision, nor shall it constitute a waiver of the provision itself .
If any provision of this Agreement is declared or found to be illegal, unenforceable or void, the parties shall negotiate in good faith to agree upon a substitute provision that is legal and enforceable and nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such a declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law
14. DISPUTE RESOLUTION
14.1 Amicable Settlement: The parties shall use their best efforts to settle amicably all disputes including any unresolved controversy or dispute arising out of or in connection with the existence, interpretation, performance, or termination of this Agreement (“Dispute”) in the manner as specified herein below:
14.1.1 The Party raising the Dispute shall address to the other Party a notice requesting an amicable settlement of the Dispute.
14.1.2 The Dispute will be referred to top officials of the Parties for resolution of the Dispute. The Parties shall endeavor to amicably resolve the Dispute with the mediation efforts of such officials and the agreed course of action shall be documented, within a period of ten (10) days.
14.2 Right to Arbitration: If the Parties are unable to resolve the Dispute by way of amicable settlement in accordance with Section 17.1 above, the Parties shall refer such Dispute to arbitration. Arbitration shall be conducted by sole arbitrator who shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration panel shall render its award within a period of 30 days from initiation of arbitration proceedings and the Parties shall co-operate fully in this regard. The seat of arbitration shall be at [Delhi], India. Arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereof. The arbitration shall be conducted in English language. Each Party shall bear the cost of preparing and presenting its own case. The award of the arbitration panel shall be final and binding on the Parties and neither Party shall be entitled to commence or maintain any action in a court of law upon the Dispute, except as permitted by the Arbitration Act.
15. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of India. Subject to the dispute resolution provisions of Clause 16 above, the courts in Delhi shall have the exclusive jurisdiction to settle any matter arising out of or in relation to this Agreement.
Last Updated: 29th June, 2021