Terms of Use

As updated on March 24, 2021

Kayr Technologies Private Limited (Unibook)

Unibook Terms of Use (“Terms of Use”), which are between Kayr Technologies Private Limited (hereinafter referred to as “UNIBOOK,” “we,” “us,”, “our” or “Company”) and You or the entity You represent (hereinafter referred to as “You” or “Your”). By accessing our website www.unibook.in (“Website”) and/or our application [▪] (“Apps”), Website and Apps together shall be referred to as (“Platform”), You agree to be bound by the provisions of these Terms of Use. Please read these Terms of Use carefully and thoroughly, along with the Privacy Policy and all other rules, policies and guidelines (“Binding Documents”) made available or published on Unibook Platform. By using or visiting the Platform or any related software, data feeds, and Service provided to You on, from, or through the Platform, You signify Your agreement to Binding Documents. These Binding Documents may be updated by us from time to time which will be notified to You as they will govern Your use of the Services.

The Services offered by Unibook under the Terms of Use include various services to help You offer Services to Customers, online (“Online Services”). Any such services by Unibook are referred to in these Terms of Services as (“Services”). Any new features or tools which are added to the current Services shall be also subject to these Terms of Use. While Unibook strives to serve high standards of Unibook Service, You acknowledge and agree that: (1) Unibook is not a party to any agreements entered into between Service Providers and Customers (through their legal guardian or parent if below the age of 18 (eighteen)), (2) Unibook only provides certain tools to facilitate the purchase, sale and provision of Services, (3) Customers contract for Services directly with Service providers (4) Unibook is not a broker, agent (except as expressly set forth below) or insurer, and (5) Unibook disclaims all liability for the conduct of Service Providers, Customers or any other Users of the Platform.

A. About Company

The domain name, Website and the Apps are owned, registered and operated by Company a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at 241, Ranka Heights, Domlur, Bangalore – 560071.

Unibook provides an open online Content (defined below) creation platform. The Service is designed to provide booking, invoicing, communication and Customer relation management tools for and between those who use the Service to help manage their business (“Service Providers”), to create a digital identity through which they can build, design, publish, and sell services to their clients, buyers and related parties (“Customers”). Unibook offers this Content creation platform along with a number of additional services and tools and the entire selection of tools and Services offered via the Platform will be referred to in this Agreement as (“Unibook Services”). Unibook may connect Customers to Service Providers for the purpose of purchasing Online Services. Service Providers may use the Service to promote and provide their Online Services to Customers.

Unibook is not a Content provider. Service providers and Customers are not employees of Unibook. Unibook is not responsible for any interactions between Service Providers and Customers, with the exception of providing the technological means through which Service Providers may broadcast and otherwise make their Content available and, at each Service Providers’ election, for processing payments through Unibook’s payment gateway(s). Unibook is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Service Providers/Customers relationship, including but not limited to, any Customer’s reliance upon any information provided by a Service Provider or Service Provider’s Content at any time.

Unibook only provides Service Providers with limited information about the Customers inquired about their Content, including name and the Content in which the Customer has inquired. This information is only available to the Service provider upon the purchase of a Customer in the Service provider’s Content.

Customers assume full responsibility for the disclosure and use of any other personal information the Customer chooses to disclose to any Service Provider on the Platform.

B. Use of the Platform

1. These Terms apply to all Users of the Platform, including Service Providers, Customers and other users who are also contributors of Content on the Platform. The Platform includes all aspects of the Website and Apps which includes but is not limited to Online Services, software and Service offered via the Platform.

2. Unibook acts as an intermediary between the Service Provider and Customers. A Service Provider may create a video, audio clip or forms, by using the Platform. Such content uploaded through the use of the Platform shall hereinafter be referred to as (“Content”). You agree and acknowledge that Unibook has no control over and assumes no responsibility for, the Content and by using the Platform, You expressly relieve Unibook from any and all liability arising from the Content.

3. The Platform may include or contain links to any third-party websites that may or may not be owned or controlled by Unibook. Unibook has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third-party websites. In addition, Unibook will not and cannot censor or edit the Content of any third-party site. By using the Platform, You expressly relieve Unibook from any and all liability arising from Your use of any third-party website or services. However, we recommend that before You use any third-party services or website You read and understand the terms and conditions and privacy policy of each such website that You visit.

4. Subject to such terms and conditions, privacy policy and all other rules and policies made available or published elsewhere, Unibook hereby grants the You a non-exclusive, non-transferable, non-sublicensable, limited license to use the Platform in accordance with these Terms of Use.

5. You agree and acknowledge that Unibook shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, the Content, hours of availability and equipment needed for access or use. Further, Unibook may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Unibook reserves the right to refuse access to the Platform, terminate Accounts, remove or edit Contents without any notice to You.

C. Account Terms

1. To access and use the Services, You must register for a Unibook account (“Account”) by providing Your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Unibook may reject Your registration for an Account, or cancel an existing Account, for any reason, in its sole discretion.

You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where You reside and from which You use the Services to open an Account. If You are between the ages of 13 and 18, You must have Your parent or guardian’s permission to use the Platform. By using our Platform, You are conveying us by Your actions that You have obtained the permission (You are ‘representing’ and ‘warranting’ that You have obtained the appropriate permissions to use our Platform). If You are under the age of 13 You shall not use our Platform in any manner nor may You register for an account.

2. You confirm that Services provided by Unibook are solely for the purposes of carrying on a business activity and not for any personal, household or family purpose.

3. You acknowledge and agree that Unibook may amend these Terms of Use at any time by posting the relevant amended and restated Terms of Use on Unibook’s Platform, and such amendments to the Terms of Use are effective as of the date of posting. Your continued use of the Services after the amended Terms of Use are posted to Platform constitutes Your agreement to, and acceptance of, the amended Terms of Use. If You do not agree to any changes to the Terms of Use, do not continue to use the Services.

4. You acknowledge that Unibook will use the email address/phone number You provide on opening an Account or as updated by You from time to time as the primary method for communication with You.

5. You are responsible for keeping Your password secure. Unibook cannot and will not be liable for any loss or damage from Your failure to maintain the security of Your Account and password.

6. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with Your Account (“Materials”).

D. Code of Conduct

1. No Illegal Activity/Fraud: You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable central, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from India or other countries)

2. No Bad Code: Do not use the Unibook Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.

3. No Spamming: You may not use the Unibook Platform to engage in any activities that will result in sending spam to anyone on the Unibook Platform, including Unibook (and its employees), Service Providers , and Customers.

4. No Exploitation: You will not use the Unibook Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering Your Content

5. No Impersonation of Unibook or its Employees: You will not impersonate Unibook or any of its employees

6. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and

7. No Use Other Than Intended: You may not use the Unibook Platform or any Content contained on the Platform for any purposes other than intended.

8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Unibook.

9. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Unibook or Unibook trademarks and/or variations and misspellings thereof.

10. You agree to not use the Service to:

If You violate this Code of Conduct we reserve the right to remove You and any of Your Content from the Unibook Platform. Whether conduct violates our Code of Conduct will be determined in Unibook sole discretion.

E. Services

All Services shall be covered by this Agreement. Unibook is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Services is the sole responsibility of the Service provider.

The Services allow You to send certain communications to Your customers by short message service (SMS), customer forms, online messaging (the "Communication Services"). You will only use the Communication Services in compliance with these Terms of Use.

F. Intellectual Property

1. Unibook Content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, templates, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as ("Unibook Content"), and is and remains the sole property of Unibook. Unibook Content, including our trademarks, may not be modified by You in any way.

2. Your Content: Content that You upload to the Platform is and remains Your Content. Unibook does not claim any intellectual property rights over the Content and materials You upload to the Unibook Platform by virtue of Your use of our Services. By uploading Your Content to the Platform, You agree that:

3. Content Free of Infringement of Any Third Party Rights

You agree that Your Content does not infringe upon anyone else’s intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the Content.

Nothing in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Unibook’s Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Unibook Trademarks will inure to our exclusive benefit.

G. Unibook’s General Rights In Operating Its Platform

Unibook reserves the following rights over the entire Unibook Platform:

1. Unibook may modify, terminate, or refuse to provide Unibook Services at any time for any reason, without notice to the Service Providers.

2. Unibook reserves the right to refuse Service to anyone for any reason at any time.

3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Unibook’s employee, member, or officer will result in immediate Account termination.

4. Unibook in its sole discretion may remove anyone from the Unibook Platform at any time for any reason, This right is not modified by any other section of this Agreement.

5. Unibook may, but has no obligation to, monitor any Content that appears on the Unibook Platform or review any conduct occurring through the Platform, including any interactions between Service providers and Customers and Unibook employees

6. Unibook does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including Your Online Services.

7. Unibook reserves the right to provide our Services to Your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Unibook employees and contractors may also be Unibook’s Service Provider/ Customers and that they may compete with You, although they may not use Your Confidential Information.

8. If You choose to terminate Your account, Unibook may keep a copy of Your Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law

9. Unibook reserves the right to remove You and Your Content without any notice or warning if You violate any of the provisions of this Agreement.

10. Unibook has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without any notice..

H. Copyright Violation

Unibook reserves the following rights over the entire Unibook Platform:

1. If Unibook in good faith believes that any Content (including Service Providers Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Unibook reserves the right to remove, block, or otherwise ‘take down’ the Content. Unibook also reserves the right to remove from the Platform any Service Provider, Customer, or other party, who is a repeat offender and in violation of this clause.

2. If You believe that Content appearing on the Unibook Platform violates Your intellectual property, You may write to Unibook at support@unibook.in

I. Third Party Communications

By using Unibook Platform, You may receive communications from third parties. Unibook is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and Content of any such third-party communications. Unibook assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or Content of any such third-party communications.

J. Payments

Unibook Payments: The Unibook Payments gateway allows Service Providers to process credit or debit card transactions and facilitates faster payout processes.

Fees Unibook Payments may be found on Unibook Support page. All Unibook Payment gateway fees will be deducted before the amounts are sent to the Service Provider. The fees associated with Unibook Payments are subject to change, in Unibook’s sole discretion. By using Unibook Payments, You agree to the fees as set by Unibook.

1. You will pay the fees applicable to Your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of Your Online Services made through our Platform.

2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Unibook will charge applicable Fees to any valid payment method that You authorize (“Authorized Payment Method”), and Unibook will continue to charge the Authorized Payment Method for applicable fees until the Online Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Indian Rupees, and all payments shall be in Indian currency.

3. Payments will appear on an invoice, which will be sent to the Service Provider via the email/phone number provided.

4. You are responsible for all applicable Taxes that arise from or as a result of Your subscription to or purchase of Unibook’s Services. To the extent that Unibook charges these Taxes, they are calculated using the tax rates that apply based on the billing address You provide to us. Such amounts are in addition to the Fees for such Services and will be billed to You. If You are exempt from payment of such Taxes, You must provide us with evidence of Your exemption. Tax exemption will only apply from and after the date we receive evidence satisfactory to Unibook of Your exemption. If You are not charged Taxes by Unibook, You are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in Your jurisdiction.

5. For the avoidance of doubt, all sums payable by You to Unibook under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Unibook to You and remitted to the appropriate tax authorities on Your behalf, any deductions or withholdings that are required by law shall be borne by You and paid separately to the relevant taxation authority. Unibook shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to Your Authorized Payment Method ignoring any such deduction or withholding that may be required.

6. Unibook does not provide refunds unless there is no legitimate reason. In cases where refunds need to be initiated, such refunds will be made according to Unibook’s Refund Policy

K. Invoices

You agree to pay Unibook the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Unibook to raise an invoice/bill on behalf of the Service Provider and You further agree to pay any charges so incurred.

L. Pricing

Unibook is not responsible for setting the pricing on a Service Provider’s Content. Prices for Service Provider Content are set by the Service Provider.

M. Account Ownership Disputes

1. In the unlikely event that there is a dispute over the ownership of an account, Unibook has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:

2. Unibook retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner unless otherwise prohibited by law.. If we are unable to reasonably determine the rightful owner, without prejudice to our other rights and remedies, Unibook reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

N. Fees

1. Depending on the processing method, Unibook may charge transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges.

2. To the extent the Service or any portion thereof is made available for any fee You shall be required to provide Unibook information regarding Your credit card or other payment instrument. You represent and warrant to Unibook that such information is true and that You are authorized to use the payment instrument. If You have registered for the Services and additional benefits under different plans provided by Unibook (“Subscription Plan”), You expressly acknowledge and agree that (a) Unibook is authorized to charge Your credit card or other payment instrument in accordance with the terms of Your Subscription Plan for as long as Your subscription continues, and (b) Your subscription is continuous until You cancel it or Unibook suspends/terminates or otherwise stops providing access to the site and/or Services in accordance with these terms. You will promptly update Your account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. As a Service Provider, You may be required to select a payment plan and You agree to pay a pre-selected percentage of amounts You receive from Customers of Your Online Services, and You will pay Unibook a percentage of each such transaction, as set forth in further detail on the Service. If You dispute any charges by Unibook You must let Unibook know within 15 (fifteen) days after the date that Unibook charges You. As a Customer, if You dispute any charges with the Service Provider, You must contact the Service Provider directly. As a Service Provider, if You agree to refund any fees to a Customer, You are responsible and will pay Unibook (and Unibook may retain) any transaction costs associated with such refund. We reserve the right to change Unibook’s prices. If Unibook does change prices, Unibook will provide notice of the change on the Platform or in email to You, at Unibook’s option, at least 15(fifteen) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes Your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services.

3. We may withhold amounts from payments to You, to pay any actual or potential losses we believe we may incur related to Your transactions, Your use of the Services, Your business, or to secure the performance of Your obligations under any agreement between You and us, including these Terms of Use. The amount shall be determined by us in our sole discretion to cover actual or potential losses we may incur and current, past and future obligations You may owe us.

4. Unibook reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms

O. Cancellation and Termination

1. Cancellation

The Company does not charge any cancellation fee presently for any cancellation done by You of the paid plan/ Your account with the Company. However, timely, the Company shall charge/levy a Cancellation Fee when You cancel a paid plan/ account created on it’s Platform in its sole discretion according to the Cancellation Policy.

2. Termination

Upon termination of the Services by either party for any reason:

3. Effect of Cancelation/Deletion

Upon termination of Service Provider account, the Service Provider may no longer have access to Unibook Content and Content may be irrecoverable. Unibook shall not be liable to any party in any way for the inability to access Content arising from any cancellation or termination, including any claims of interference with business or contractual relations. Unless otherwise provided in the Terms of Use, You will not be entitled to any refunds of any Fees, pro-rata or otherwise; any outstanding balance owed to Unibook for Your use of the Services through the effective date of such termination will immediately become due and payable in full; Termination of the terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

P. Errors and Corrections

1. Unibook does not guarantee that the Platform or any Services offered through the Platform will be error-free or otherwise reliable, nor does Unibook guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Unibook may make improvements and/or changes to the Platform and its features and functionality at any time and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Service Provider who owns the Content.

2. We reserve the right to amend the Platform, and any Service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or the entire Platform to Service Providers and Customers.

Q. Indemnity

You agree to release, indemnify and hold Unibook and its affiliates and their officers, employees, directors and agent (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Service, any Content, Your connection to the Service, Your violation of these Terms of Use or Your violation of any rights of another. Notwithstanding the foregoing, You will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.

R. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNIBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

UNIBOOK MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

S. Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNIBOOK WILL NOT BE LIABLE FOR BREACH OF THIS AGREEMENT, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNIBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY ACTS, OMISSIONS, STATEMENTS OR OTHER CONDUCT OF ANY SERVICE PROVIDERS, COUSTOMERS, VENDORS, BUSINESSES OR OTHER THIRD PARTIES ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL UNIBOOK ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID UNIBOOKIN THE LAST SIX (6) MONTHS, OR, IF GREATER, INR 10,000 (INDIAN RUPESS TEN THOUSAND ONLY).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

ADDITIONALY,

1. YOU AGREE UNIBOOK, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE LIABLE FOR ANY KIND OF LOSS, INJURY, CLAIM, OR DAMAGES RESULTING FROM YOUR USE OF UNIBOOK PLATFORM

2. YOU AGREE THAT UNIBOOK SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DAMAGES THAT RESULT FROM YOUR USE OR ENGAGEMENT WITH THIRD PARTY CONTENT, DOWNLOADS, OR COMMUNICATIONS

3. UNIBOOK IS NOT LIABLE FOR ANY LOSSES OR DAMAGE CAUSED BY ANY VIRUSES, DISTRIBUTED DENIAL OF SERVICE ATTACKS, AND ANY AND ALL OTHER MALICIOUS COMPUTER CODE. MALICIOUS COMPUTER CODE MEANS COMPUTER CODE OR OTHER MECHANISMS OF ANY KIND DESIGNED TO DISRUPT, DISABLE OR HARM IN ANY MANNER THE OPERATION OF ANY SOFTWARE OR HARDWARE OR OTHER BUSINESS PROCESSES OR TO MISUSE, GAIN UNAUTHORIZED ACCESS TO OR MISAPPROPRIATE ANY BUSINESS OR PERSONAL INFORMATION, INCLUDING WORMS, BOMBS, BACKDOORS, CLOCKS, TIMERS, OR OTHER DISABLING DEVICE CODE, OR DESIGNS OR ROUTINES THAT CAUSE SOFTWARE OR INFORMATION TO BE ERASED, INOPERABLE, OR OTHERWISE INCAPABLE OF BEING USED, EITHER AUTOMATICALLY OR WITH PASSAGE OF TIME OR UPON COMMAND.

4. UNIBOOK DOES NOT GUARANTEE THAT ANY FILES AVAILABLE FOR DOWNLOADING FROM THE PLATFORM WILL BE COMPLETELY FREE FROM VIRUSES OR OTHER HARMFUL COMPUTER CODE.

5. UNIBOOK SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF OR INABILITY TO USE THE PLATFORM

6. YOU AGREE THAT UNIBOOK SHALL NOT BE LIABLE FOR ANY LOSSES, INJURIES, CLAIMS, OR DAMAGES FROM YOUR VIOLATION OR BREACH OF THIS AGREEMENT. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS UNIBOOK, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE PLATFORM FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ARISING FROM OR RELATED TO YOUR USE OR MISUSE OF THE PLATFORM (INCLUDING, WITHOUT LIMITATION, USE IN CONTRAVENTION OF THIS AGREEMENT, OTHER UNIBOOK POLICIES, AND COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAW)

7. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE PLATFORM COMPLIES WITH APPLICABLE LAW AND DOES NOT VIOLATE THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS. YOU ASSUME ALL LIABILITY FOR ANY CLAIMS, SUITS OR GRIEVANCES FILED AGAINST YOU, INCLUDING, BUT NOT LIMITED TO, ALL DAMAGES RELATED TO YOUR USE OF THE PLATFORM.

8. YOU MAY NOT ASSIGN YOUR RIGHTS UNDER THIS AGREEMENT WITHOUT UNIBOOK'S PRIOR WRITTEN CONSENT

9. SHOULD UNIBOOK’S LIMITATION OF LIABILITY NOT BE APPLICABLE, UNIBOOK’S SOLE OBLIGATION TO YOU, OR ANY THIRD PARTY, FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO UNIBOOK OVER THE PRIOR TWELVE (12) MONTHS DIRECTLY PRECEDING YOUR CLAIM, UNLESS OTHERWISE REQUIRED BY LAW

10. YOU AGREE THAT UNIBOOK SHALL NOT BE LIABLE FOR ANY CONTENT THAT APPEARS ON THE PLATFORM

11. EXCEPT AS SET FORTH HEREIN, NOTHING EXPRESS OR IMPLIED IN THIS AGREEMENT IS INTENDED OR IMPLIED TO CONFER, AND NOTHING HEREIN SHALL CONFER, ANY RIGHTS, REMEDIES, LIABILITIES, OR OBLIGATIONS WHATSOEVER UPON ANY PERSON OR ENTITY

12. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE AGAINST UNIBOOK MUST BE BROUGHT AGAINST US WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES. SHOULD YOU NOT COMMENCE SUCH CAUSE OF ACTION OR CLAIM WITHIN THIS TIME PERIOD, IT SHALL BE BARRED

T. Remedies for Violations

Unibook reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Service Providers and Customers from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.

U. Communications

1. Unibook may notify You of relevant information regarding the Platform and Unibook Services in any of the following ways: (a) by emailing You at the contact information You provided in Your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices.

2. Subject to the Privacy Policy, if You send to Unibook or post on the Platform in any public area any testimonials, techniques, suggestions, workflows, or know-how ("User Submissions"), for any purpose, including the developing, manufacturing, and/or marketing or Services incorporating such information, You acknowledge that Unibook can use such User Submissions without acknowledgement or compensation to You, and You waive any claim of ownership or compensation or other rights You may have in relation to Your User Submissions. We shall actively review User Submissions for new ideas. If You wish to preserve any interest You might have in Your User Submissions, You should not post them to the Platform or send them to us.

V. Governing Law and Jurisdiction; Disputes and Arbitration

1. This Agreement shall be in accordance with the laws of India. Any cause of action of any nature arising out of this Agreement shall be brought in the City of Bengaluru, India.

2. All disputes, differences of opinion or controversies arising in connection with these Terms, including whether the Claims asserted are arbitral, are under the Arbitration and Conciliation Act, 1996. The venue for all arbitrations shall be City of Bengaluru, India.

W. Confidentiality

1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a Service Provider’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding Customers and prospective customers, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.

2. Unibook’s Confidential Information includes all information that You receive relating to us or to the Services that is not known to the general public including information related to our security program and practices.

3. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Use and in accordance with any other obligations in these Terms of Use including this clause. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Use, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Use; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Use.

X. Refund Policy

The Company does not provide credit refunds for the subscriptions that are cancelled as the Company, presently, is not charging any amount from You to use its Platforms. However, timely, the Company shall charge/levy a fee to use the platform and the refund thereupon shall be made at the Company’s sole discretion. All refunds will be processed by following the validation of the transaction from case-to-case basis in the given legal framework and shall be conditional with recourse available to the Company in case of any misuse by You.

Once the Customer has avail services from the Service Provider, a legal relationship shall be established between the Service provider and the Customer and the Company shall not be a party to it. In such circumstances, each Service Provider reserves the right to offer refunds, discounts or other consideration in selected circumstances at its sole discretion in accordance with their return policy. PLEASE NOTE under no circumstances, the Company will be liable to pay any consideration to customers in regards to any refunds.

Y. Miscellaneous

1. Entire Agreement: These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by Unibook, including the Platform, Unibook Services, and any Content.

2. Severability: If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability

3. No waiver: No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

4. Amendments: Unibook reserves the right to make changes to these Terms of Use at any time by posting the revised Terms in connection with the Service. Your continued use of the Service following any changes will constitute Your acceptance of such changes.

5. Titles/Headings: The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Unibook shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

6. Contact Us: For communications concerning this Agreement, please write to Unibook at support@unibook.in