BEFORE AVAILING OUR SERVICES PLEASE READ THESE TERMS & CONDITION (hereinafter referred as T&C) CAREFULLY AND CONFIRM YOUR ACCEPTANCE.
1. Acknowledgement Your access to, and browsing, review and use of the Website is subject to these T&C and all applicable laws. By accessing, registering and using the Website, you accept these T&C or to modifications that Cuztomise may make to this T&C in the future, without limitation or qualification. You further confirm that you have read this T&C and accept and agree to be bound by its terms with Free consent. If you do not agree to abide by the T&C, do not use the Website. If, at any time, any part of the T&C is no longer acceptable to you, immediately terminate your use of the Website.
2. Eligibility The services of the website are available only to persons who are competent to enter into a legally binding contract under the Indian Contract Act, 1872. Persons who are incompetent to enter into a contract under the Indian Contract Act, 1872, including un-discharged solvents, minors etc are not eligible for the services provided by this website and hence shall not register as a user or transact on this website.
3. Scope For the avoidance of doubt, it is clarified that these T&C shall apply to all Services and Products, whether offered by Cuztomise, its Subsidiaries or its Affiliates.
4. DEFINITIONS In these T&C, unless the context otherwise requires, the following words and expressions shall bear the meanings ascribed to them below-
A. “Cuztomise”, “we“, “us” or “our”or company shall mean: Cuztomise Softech Pvt. Ltd , company incorporated under the Companies Act, 2013 and having its registered office at 183 Scheme No 78, Part 2, Behind ASCO Capital, Indore, MP, India- 452010.
B. “You“, “Your” or “Customer” or “Client” shall mean an individual or legal entity who is signing up for any kind of Services from us, irrespective of the nature or duration of the Services. Customer’s details, including name of the contracting entity and the authorized representative, are as provided in the Cuztomise “Price Proposal” document.
C. “Customer Data” shall mean information pertaining to your clients that you submit or collect via the Subscription Services. Additional information that may be collated by us and provided for your use will not be included within the scope of Customer Data;
D. “Disclosing Party” shall have meaning set out in Clause as party who is disclosing confidential information;
E. “Effective Date” shall mean the date of your acceptance of these T&C;
F. “Party” shall mean either Cuztomise or Customer and “Parties” shall mean Cuztomise and Customer collectively;
G. “Planned Downtime” shall mean the period during which the Services may be shut down for planned maintenance of the Platform. To the extent possible and reasonable, such downtime will be scheduled during non-business hours for majority of our customers such as weekends and public holidays and at least 24 (twenty-four) hours prior notice will be provided;
H. “Privacy Policy” shall mean our privacy policy set out at www.rentalflo.com/privacy_policy.html;
I. “Receiving Party” shall have the meaning set out in Clause as party who is receiving confidential information;
J. “Service Fees” shall mean the amounts you are required to pay for using any of the Services;
K. “Services” shall mean any service provided by Cuztomise to you, including but not limited to Subscription Service
L. “Start Date” shall mean the date of commencement of the Subscription Services;
M. “T&C” shall mean this Terms & conditions entered into between Cuztomise and you in respect of the Services, along with any modifications that may be notified from time to time; and
N. “Users” mean individual people or accounts that are designated and authorized by you to access Cuztomise Services.
O. Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
P. Website means www.rentalflo.com as well as any other media form, media channel, mobile website or mobile application or software or platform related or connected thereto (collectively, the “Website”).
5. THIRD PARTY WEBSITES AND CONTENT The Website contains links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content").
A. Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content.
B. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us.
C. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our T&C and policies no longer govern.
D. You should review the applicable T&C and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website.
E. Any purchases you make through Third Party Websites will be through other websites and from other companies, and the Cuztomise takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
6. Ownership Intellectual property rights
A. We own or have rights to all worldwide intellectual property rights in and to the Subscription Services, Cuztomise Application/Platform and Software (including all derivatives or improvements thereof). All suggestions, enhancement requests, feedback, recommendations or other inputs provided by you or any other party relating to the Services or Software shall be owned by us, and you hereby do and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. Any rights not expressly granted herein are reserved by us.
B. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Subscription Services, in whole or in part, by any means, except as expressly authorized in writing by us.
C. Your Rights You own any data, information or material originated by you that you submit or compile in the course of using the Services. We have no ownership rights in or to Customer Data. You shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to collect and use the Customer Data. You permit and grant us and our licensors the right to use the Customer Data only as necessary to provide the Subscription Services.
D. Using your name and logo You hereby permit us to use your name, website address and logo in our marketing material including website, email campaigns, brochures etc. during and after active engagement.
7. Limited Warranties Clause This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Cuztomise does not warrant that:
A. This Website will be constantly available, or available at all; or the information on this Website is complete, true, accurate or non-misleading.
B. Cuztomise will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.
C. This Website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
D. Under no circumstances shall the Website nor any third party content provider nor their respective predecessors, successors, parents, subsidiaries, affiliates, past or present officers, directors, shareholders, investors, employees, agents, representatives attorneys, licensors or information providers be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website, even if such party has been advised of the possibility of such damages.
8. Payment
A. While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
a. Lack of authorization for any transaction/s, or
b. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
c. Any payment issues arising out of the transaction, or
d. Decline of transaction for any other reason/s
B. All payments made against the services availed on the website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Website.
C. You have specifically authorized the Website or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically in respect of transactions through Payment Facility. You shall be solely responsible for compliance of all applicable laws for making payments to Cuztomise.
D. You understand, accept and agree that the payment facility provided by Website is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment, collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Website is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
E. Website reserves the right to impose limits on the number of Transactions or Transaction Price which Website may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment during any time period, and reserves the right to refuse to process Transactions exceeding such limits.
F. Website reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any T&C by User with Website or breach/violation of any law or any charges imposed by Issuing Bank or breach of any T&C and any policy.
G. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports the Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the T&C agreed to between User and the respective Issuing Bank.
9. USER DATA
A. Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Cuztomise Services, as well as data relating to your use of the Cuztomise Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Cuztomise Services.
B. You agree that Cuztomise shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Cuztomise arising from any such loss or corruption of such data.
10. PROHIBITED ACTIVITIES You may not access or use the Website for any other purpose other than that for which Cuztomise makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Cuztomise. Prohibited activity includes, but is not limited to:
A. Criminal or tortious activity;
B. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Cuztomise;
C. Making any unauthorized use of the Cuztomise Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
D. Tricking, defrauding or misleading Cuztomise and other users, especially in any attempt to learn sensitive account information such as passwords;
E. Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
F. Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
G. Attempting to impersonate another user or person or using the username of another user;
H. Selling or otherwise transferring your profile;
I. Using any information obtained from the Website in order to harass, abuse, or harm another person;
J. Using the Cuztomise Services as part of any effort to compete with Cuztomise or to provide services as a service bureau;
K. Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
L. Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
M. Harassing, annoying, intimidating or threatening any Cuztomise employees or agents engaged in providing any portion of the Cuztomise Services to you;
N. Deleting the copyright or other proprietary rights notice from any Website content;
O. Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software; or
P. Using the Website in a manner inconsistent with any and all applicable laws and regulations.
11. Refund & Cancellation Policy All sales & Services are final and no refunds shall be issued nor there shall be any cancellation for services.
12. MAINTENANCE AND SUPPORT
A. Cuztomise is solely responsible for providing any maintenance and support services with respect to the Cuztomise website, as specified in this T&C, or as required under applicable law.
B. Cuztomise shall use commercially reasonable efforts to make its appropriate technical personnel available from 10.00 AM to 6.00 PM Indian Standard Time (IST) Monday-Friday (Excluding public holidays) preferably through Email support to the Client in order to assist the latter as needed to resolve any problem within the targeted resolution period.
C. All problems reported shall be in English unless otherwise agreed to in writing by the Parties.
D. Cuztomise shall notify Client of scheduled maintenance of the Cuztomise Platforms. Cuztomise will use commercially reasonable efforts to notify clients of scheduled downtime outside its maintenance windows.
E. In the event of a server crash, Cuztomise can provide for last 24 hour data backups.
13. TERM This T&C shall be deemed to be effective from the Effective date and shall remain valid for a period till client is utilizing the product and be binding between you and Cuztomise till the completion of all the obligations undertaken pursuant thereto unless otherwise terminated by either party by giving 30 days written notice. This T&C shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable.
14. Subscription & Renewal
A. The Subscription Term shall commence on the Start Date set out in the relevant “Price Proposal” document and be valid for the period specified therein.
B. The Subscription Term will renew automatically for a further subscription period or 1 (one) year, whichever is lesser, unless (i) you send a non-renewal notice in writing to ______________.com at least 15 (fifteen) days prior to the approaching renewal; or (ii) an explicit renewal “Price Proposal” document captures a different Billing Cycle. If you add new products or functionalities during the Subscription Term, they will renew along with the Subscription Term, unless otherwise indicated in the relevan “Price Proposal” document.
C. No Free Services will be made available nor will generally be provided for any reason at any time.
D. Accounts pertaining to subscriptions that are not renewed in accordance with these T&C shall be deactivated and permanently deleted after a period of 30 (thirty) days from the date due for renewal.
15. Suspension of Services
A. We may suspend access to your account after giving 15 (fifteen) days prior written notice to you, in case any amounts remain due and payable upon completion of the payment period set out in these T&C or the relevant “Price Proposal” document.
B. We may also suspend access to your account with immediate effect if (i) there is unauthorized access to your account; (ii) there is a violation of Acceptable Use Policy; (iii) your use of the Services is in violation of applicable laws or regulations; or (iv) your use of the Services poses a risk to the Platform or other users of the Services.
C. If the reason for the suspension continues for a period of 15 (fifteen) days, we may proceed to terminate these T&C, without prejudice to other remedies that may be available under these T&C or applicable laws.
D. In order to protect the integrity of the Website and Cuztomise Services, Cuztomise reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Cuztomise Services.
16. Termination Either Party may terminate this Agreement upon prior written notice to the other Party:
i) Immediately, in the event the other Party becomes insolvent, illegal, files a petition in bankruptcy or makes an assignment for the benefit of its creditors, liquidation or other such proceedings and the same are not stayed by a competent court within a period of 6 (six) months therefrom.
ii) Immediately, if either Party materially breaches its obligations under this Agreement and, if curable, fails to cure the breach within ten (10) days after receiving prior written notice to the other party.
iii) Except in the above mentioned cases or anything related to due payment; termination shall prevail only after serving 30 days prior written notice.
c. Cuztomise shall have the right at its sole discretion, to terminate this Agreement immediately by providing the Client with as much prior notice as reasonably practicable in the event that:
i) Third Party such as Cloud Server Provider upon which the provision of Cuztomise Services hereunder is dependent terminates or amends its provision of services to Cuztomise; or
ii) Any change in all applicable foreign, federal, state, and local laws, rules and regulations as they may be amended from time to time, which makes the rendering of Cuztomise Services illegal or contrary to a law, regulation or prohibitively difficult or expensive for Cuztomise, in the sole discretion of Cuztomise.
iii) Cuztomise is obliged or advised to comply with an order, instruction, directive or the request of a governmental or other relevant state authority or anything which necessitates that it does so, in the judgment of Cuztomise;
iv) Cuztomise has reason to believe that the Client is in breach of any of its obligations under this Agreement, subject to any payment due to Cuztomise hereunder is not paid after the due date for payment.
17. Consequences of expiry/termination
A. Upon expiry or termination of any of the Services, all payments that are due and payable shall immediately become due and payable, within fifteen (15) business days from the date of termination of this Agreement.
B. For a period of 30 (thirty) days following expiry or termination, we will retain the data stored by you on the Platform. Within this period, you can request us to keep the account active for an additional fee or provide a copy of the contacts stored in your account.
C. Upon completion of the afore-mentioned period of 30 (thirty) days, we will permanently delete all data in your account, without retaining any copy thereof. You agree that we are not liable for any such deletion of data.
D. If this Agreement is terminated pursuant to Clause 10 above: Cuztomise shall immediately suspend rendering the Cuztomise Services to the Client, in the event the Agreement is terminated pursuant to a breach of law.
E. Termination or expiry of this Agreement does not affect the rights, liabilities or obligations of any Party, which have arisen on or before termination or which are expressly or impliedly to survive termination or expiry or the right to claim damages for breach of this Agreement.
F. Cuztomise shall not be held liable for any instances of termination of services on the account of non-renewal or non-payment of dues on time, or, violation of Service Usage Policy or T&C.
G. Upon termination of service, Client is entitled to request Cuztomise to share client data available with Cuztomise.
H. In case you choose to stop using any of the Services before the expiry of the relevant term, you may do so, without Cuztomise being liable to refund any Services Fees already paid.
I. Notwithstanding the applicable Billing Cycle, you will be liable to pay all Service Fees payable for the remainder of the Subscription Term.
J. Without limiting any other provision of this T&C, Cuztomise reserves the right to, in Cuztomise sole discretion and without notice or liability, deny access to and use of the website and the Cuztomise services, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this T&C, or of any applicable law or regulation, and Cuztomise may terminate your use or participation in the website and the Cuztomise services, delete your profile and any content or information that you have posted at any time, without warning, in Cuztomise sole discretion.
18. USE OF INFORMATION SUBMITTED
A. User name and Email ID provided by the user at the time of Signup should be true to his/her knowledge and the provided Email ID should be in working condition.
B. However, all the details provided by the user at the time of sign up are hereby kept confidential with the team Cuztomise for official use only.
C. Purpose of the Email ID is to inform the user in case of any technical failure, down time of the service, change in service, modification of working policy, and to maintain a two way channel between the customers and the Cuztomise for any kind of official communications.
D. It is important to know that in order to keep a track of the geographical location of the user, for providing our services and also as to keep a check on any fraudulent activities, we maintain a record of I.P addresses of our users.
E. In case of any changes in personal information, users can modify the details by logging in using their existing Email ID and password. Go to the profile page in your account and modify whatsoever you wish to.
F. Our services are present to make the lives of people easy. Users choose Cuztomise by their own will without any force or pressure imposed by the team Cuztomise. If any user, at any point of time, wants to opt-out of future communications with Cuztomise team, can do so by logging in website and cancel subscription.
19. GUIDELINES FOR REVIEWS
A. Cuztomise may accept, reject or remove reviews in its sole discretion.
B. Cuztomise has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
C. Those persons posting reviews should comply with the following criteria:
a. reviewers should have firsthand experience with the person/entity being reviewed;
b. reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity;
c. reviewers should not be affiliated with competitors if posting negative reviews;
d. reviewers should not make any conclusions as to the legality of conduct;
e. reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative.
f. Reviews are not endorsed by Cuztomise, and do not represent the views of Cuztomise or of any affiliate or partner of Cuztomise.
g. Cuztomise does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Cuztomise a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Cuztomise to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
20. SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Cuztomise Services ("Submissions") provided by you to Cuztomise are non-confidential and Cuztomise (as well as any designee of Cuztomise) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
21. Survival Any provisions which by their nature survive termination (including but not limited to terms pertaining to intellectual property rights, data privacy, confidentiality, indemnity and dispute resolution of this T&C that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this T&C, shall be deemed to survive for as long as necessary to fulfill such purposes.
22. Governing law and Exclusivity of Jurisdiction These T&C will be governed by the laws of India. Further, the courts at Indore, India shall have exclusive jurisdiction for all matters arising out of or in connection with these T&C and you agree to irrevocably submit to the exclusive jurisdiction of such courts. Your use of the Cuztomise services may also be subject to other local, state, national, or international laws.
23. Privacy Policy We view the protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. Our Privacy Policy governs our collection, use and disclosure of your personal information and is incorporated into and forms an integral part of these T&C. Please read it carefully. It describes what information we collect from you and when, how and why we collect information from you, whom we share your information with and when and how you can opt-out. This is important information. By using our Services, you specifically consent to our Privacy Policy. www.rentalflo.com/privacy_policy.html
24. Confidentiality
A. The Services may contain information which is confidential to Cuztomise including, without limitation, all information designated as confidential or recognisable as trade or business secrets or for other reasons recognisable or made available to you as confidential.
B. Each User shall use commercially reasonable efforts to keep confidential, any and all data and information about Cuztomise ("Confidential Information"), whether written, oral or visual, disclosed to it by Cuztomise or which comes into its possession or knowledge, from time to time.
C. You shall not disclose the Confidential Information to any others, except as may be required by law, in which this case and to the extent permissible by applicable law, you will notify Cuztomise immediately of any disclosure of any information which is confidential to Cuztomise.
D. Compelled disclosure We reserve the right at all times to disclose any information, including Customer Data and Confidential Information, when compelled to so by any applicable law, regulation, legal process or governmental request; (a)as required by any court or other governmental body; (b) as otherwise required by law; (c) to legal counsel of the Parties who have an obligation of confidentiality towards the receiving party; (d) in confidence, to accountants, banks, proposed investors or alliance partners, and financing sources and their advisors who have an obligation of confidentiality towards the receiving party ; (e) in confidence, in connection with the enforcement of this Agreement or rights under this T&C. However we shall, if permissible, provide you notice of the same.
25. Waiver Failure of Cuztomise to require performance of any provision of these T&C shall not affect Cuztomise’s right to full performance thereof at any time thereafter, and any waiver by Cuztomise of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of Cuztomise.
26. Entire T&C These T&C, the Privacy Policy including all related agreements and policies incorporated by reference herein, constitutes the entire T&C between you and Cuztomise related to the subject matter hereof.
27. Independent Rights Each of the rights of Cuztomise are independent, cumulative and without prejudice to all other rights available to it under law, equity or otherwise, and the exercise or non-exercise of any such rights shall not prejudice or constitute a waiver of any other right by Cuztomise, whether under these T&C or otherwise. The rights of Cuztomise with respect to any matter conferred under any provision of these T&C shall be in addition to any other rights conferred under any other provision of these T&C, in law or in equity.
28. Assignment This T&C evidenced by it is personal to you and is not assignable or transferable by you. We may assign, transfer or delegate any of our rights and obligations hereunder to any person without your consent.
29. No Agency No agency, partnership, joint venture, or employment relationship is created as a result of these T&C and neither party has any authority of any kind to bind the other in any respect.
30. Notices
A. Any notices, requests and other communications required or permitted hereunder to be provided by the User to Cuztomise shall be in writing, in English language, and shall be given by hand against written acknowledgement of receipt, or sent by registered mail, or by facsimile followed by a confirmation letter by registered mail, or by email followed by a confirmation of receipt.
B. When Notice is received by Cuztomise then only it will be deemed to have been duly given. Unless otherwise specified in these T&C, electronic notices should be sent to Cuztomise at support@cuztomise.com Cuztomise will send its notices to the Users by way of an email at the email address provided by the Users.
31. Force Majeure: Cuztomise shall not have any liability for failure to fulfill any obligation on account of force majeure reasons or reasons beyond its control, including, but not limited to any act of God, act of government or any authorities, malicious Third-Party attacks on the Platform, electrical power fluctuations or failures, electrical or electromagnetic stress, environmental factors, failure of public utilities, labour unrest, hostilities between nations, war, riot, civil commotions, civil war, insurrection, blockades, import or export regulations or embargoes, national emergency, explosion, rainstorms, earthquake, fire, flooding, or other exceptional weather conditions or natural disasters, acts of terrorism, accidents, sabotages, strikes, shortages in supply, destruction of service facilities, infectious diseases, epidemics, utility or telecommunication outages, internet disturbance or any unforeseen change in circumstances.
32. Amendment
A. Cuztomise reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these T&C without prior notice to you, provided that if any such alterations constitute a material change to these T&C (as determined by Cuztomise in its sole discretion), Cuztomise will notify you by posting an announcement on the Platform.
B. All such amendments and modifications shall take effect immediately when posted on the Platform. By continuing to access the Platform or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified T&C.
C. For this reason, we encourage you to review the T&C whenever you use the Services. If you do not agree to any change to these T&C, then you must immediately stop accessing the Platform or using the Services.
33. Indemnity
A. You agree to defend, indemnify and hold Cuztomise, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Cuztomise Services, and/or arising from a breach of this T&C and/or any breach of your representations and warranties set forth above.
B. Notwithstanding the foregoing, Cuztomise reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cuztomise, and you agree to cooperate, at your expense, with Cuztomise’s defense of such claims.
C. Cuztomise will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
34. Dispute Resolution
A. If any dispute, controversy or claim arises under this T&C or in relation to the Platform or Service, including any question regarding the existence, validity or termination of this T&C (hereinafter “Dispute”), the concerned parties shall use all reasonable endeavours to resolve such Dispute amicably.
B. Nothing contained in this clause will preclude a Cuztomise from applying for and obtaining any injunctive, prohibitory or other similar urgent or interim relief.
C. Except as otherwise expressly provided, all remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to Cuztomise.
D. All administrative fees and expenses of law suits/proceedings will be divided equally between you and Cuztomise. This paragraph shall survive termination of these T&C.
E. These T&C may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. Contact us In order to resolve a complaint regarding the Cuztomise Services or to receive further information regarding use of the Cuztomise Services, please contact Cuztomise as set forth below - Cuztomise Softech Pvt. Ltd Registered Address: 183 Scheme No 78, Part 2, Behind ASCO Capital, Indore, MP, India- 452010 Grievance Officer Name: Chirag Gupta Email: chirag@cuztomise.com Phone: +919425478321