Senpiper Terms and condition

TERMS OF USE

www.senpiper.com is an online platform owned, managed and operated by Senpiper Technologies India Pvt. Ltd, a company incorporated under the Companies Act, 2013, and having its registered office at B 15, Sector 32, Gurgaon, Haryana (“We”, “Us”, “/Templates/public/img”, “Our”), which provides Users low code platform (“Services”)

For the purpose of these Terms of Use (defined herein below), wherever the context so requires, “You(r)” or “User” shall mean any natural or legal person including but not limited to any company, firm, sole proprietorship or other associations of individuals, who visits, search or accesses Our Website and includes a Registered User. The User may or may not be registered with Us. If registered with Us, the User shall be referred to as a “Registered User(s)”.

By using the Website, You represent that You have read and You agree to be bound by the terms and conditions provided herein as well as any other guidelines, policies, rules and additional terms referenced herein, collectively referred to as “Terms of Use”. You shall be responsible for all risks and consequences arising out of Your access of the Website and we give no warranty or guarantee in respect thereof. These Terms of Use set out the legally binding terms with respect to your access and use of Our Website. We request You to please read these Terms of Use carefully. If You do not agree with any of these Terms of Use (including, referenced policies and guidelines), We encourage You to terminate Your use of the Website.

1. ELIGIBILITY

You for the purpose of using Our Website hereby represent and warrant to Us that You are:

(i) a legal/natural person;

(ii) capable of forming legally binding contracts under The Indian Contract Act, 1872.

(iii) these Terms of Use are binding and enforceable against You;

(iv) If You are accepting these Terms of Use on behalf of an entity, then You have the right and authority to agree to all of the terms set forth herein on behalf of such entity

(v) You have read and understood Our Privacy Policy, the terms of which are posted at the Website and agree to abide by the terms of the said Privacy Policy.

2. USER’S COVENANTS AND UNDERTAKINGS

You agree, confirm and undertake that:


a) You shall not use the Website for any illegal/unlawful purposes;

b) You shall abide by all the applicable local, state and central laws and regulations;

c) You shall not interfere with or disrupt the use and enjoyment of the Website by other Users;

d) You shall not defame, harass, abuse or disrupt other Users of the Website;

e) You shall not modify, adapt, translate, or reverse engineer any portion of the Website;

f) We reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to:

(i) satisfy any applicable law, regulation, legal process or governmental request;

(ii) enforce these Terms of Use, including investigation of potential violations hereof;

(iii) detect, prevent, or otherwise address fraud, security or technical issues;

(iv) respond to User support requests; or

(v) protect the rights, property or safety of other Users and the public.

3. MONITORING OF THE WEBSITE AND USER ACCOUNT

a) The monitoring of the Website is important to determine the accuracy of the Personal Data provided by Users and to ensure that every User remains in consonance with the Terms of Use provided herein. Subject to the Terms of Use mentioned herein, We shall remove any objectionable content which is in contravention of the Terms of Use herein or share such information with any governmental authority as per the procedures laid down by the law for the time being in force in India. 

b) You understand and agree that We shall also be entitled to investigate occurrences which may involve such contravention and take appropriate legal action that involves cooperation with law enforcement authorities in prosecuting Users who are involved in such contraventions.

c) The Users shall ensure and undertakes that the details they provide to Us are true, correct and complete. The Registered Users should further inform Us immediately of any changes to the information, that has been provided at the time of registering. The Registered Users understand and agree that any omission, misrepresentation or concealment of any significant fact/detail/information provided to Us, shall be considered as a sufficient reason for undertaking any legal action against the Registered User including, but not limited to, termination of their registration/subscription/membership. The Registered User can access and update the information provided by them by contacting us at the address, telephone number or e-mail address provided under the ‘Contact Us’ tab on the Website

4. PERSONAL DATA

The Users either while seeking any additional information or while registering or both shall provide certain details and information including their Personal Data, which shall be bound by the “Privacy Policy”.

5. MODIFICATION OF TERMS OF USE

You understand and agree that We reserve the right, at Our sole discretion, to modify or replace these Terms of Use, or to change, suspend, or discontinue the Website (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. We may also impose limits on certain features and services or restrict the User’s access to parts of, or to the entire Website. Unless expressly stated otherwise, any new features and/ or any new services added or made, as the case may be to the Website implemented after Your initial access of the Website shall be subject to these Terms of Use. We shall endeavor to notify You of any modification in the Terms of Use. Notwithstanding, You undertake to read and agree to the Terms of Use each time prior to accessing the Website and your each access to the Website shall be deemed an explicit acceptance of the prevailing Terms of Use whether modified or otherwise.

6. LIMITED INTELLECTUAL PROPERTY LICENSE, RIGHT TO SITE ACCESS ONLY

All material, content or logos, marks, software on the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, are owned by Us or Our licensors. You acknowledge that the Website and any underlying technology or software on the Website used in connection with rendering any information or services are proprietary information owned by or duly licensed to Us, except where it is indicated otherwise. You understand and agree that We grant Users a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with Our prior written consent. This license does not entail any right to resell or commercially use this Website or its contents; to download or copy account information for the benefit of anyone other than You; or to use any of the data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website (including, but not limited to, any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent and / or of Our affiliates, as may be applicable. Any unauthorized use of this Website shall terminate the permission or the right granted by Us to such User(s) to use the Website or avail Our services and entitle us to injunctive and protective rights and recover losses. You agree that any unauthorized use of this Website can result in losses that cannot be readily measured, therefore the right to injunction is just and proper.

7. LIMITATION OF LIABILITY

Notwithstanding anything to the contrary contained herein, neither We nor Our affiliated companies, subsidiaries, officers, directors, employees or any related party shall be held liable nor shall We have any liability to the User(s) or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising or resulting from the use or the inability to use the Website or any information provided on Our Website or use our services and/or any other matter relating to the services or any other feature provided on the Website. You expressly agree that We shall not be liable for any damages on any account whatsoever. To the maximum extent permitted by law, the User waives, releases, discharges and holds harmless, Us, Our affiliated and subsidiary companies, and each of Our directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Users’ use of the Website or use of Our services or any other feature provided on the Website. 

8. APPLICABLE LAWS

Your use of the Website and the Terms of Use are subject to the laws of India.

9. INDEMNITY

You agree to indemnify, save, and hold Us, Our affiliates, contractors, employees, officers, directors, agents and Our third party associates, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including, without limitation legal fees and expenses, arising out of or related to the Users’ use of Our services or Our Website, or any violation by the User of these Terms of Use, or any breach of the representations, warranties, and covenants made by You herein. We reserve the right, at the expense of the User, to assume the exclusive defense and control of any matter for which the User is required to indemnify Us, including the right to settle, and the User agrees to cooperate with Us for undertaking defense and settlement of these claims. We will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

10. SEVERABILITY

In the event that any provision of these Terms of Use, or any portion thereof, is held invalid, illegal or unenforceable under the applicable law, such defect shall not vitiate the other provisions of these Terms of Use and the remainder of the Terms of Use shall continue to be legal, valid, effectual and binding on all the Users.

11. DISCLAIMER OF WARRANTIES

You understand and agree that We make no warranty that:


a) the Website or Our services will meet the Users’ requirements;

b) the Website or Our services will be uninterrupted, timely, secure, or error-free;

c) the results that may be obtained from the use of Website or Our services will be accurate or reliable;

d) the data provided on the Website is true, accurate and complete;

e) the quality of any services, information, or other material obtained by a User through the Website will meet the Users’ expectations;

f) any errors in the technology will be corrected.

12. TERM AND TERMINATION

a) These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Website by the Users;

b) We may terminate Your access to Our Website or all or any part of the Services offered, with or without cause, or with or without notice, effective immediately, which may result in the forfeiture and destruction of all information provided by You. Any fee paid on the Website by any User is non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation to, warranty disclaimers, indemnity and limitations of liability.

c) Clause K of the Privacy Policy relating to the option to ‘opt-out’ only relates to the marketing messages which the User shall receive and if the User chooses to ‘Opt-Out’, the Terms of Use shall still be binding on the User and the Registered User, and shall not be terminated.

13. ARBITRATION

If any dispute arises between You and Us during Your use of Our Website or provision of services to You or thereafter including in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party appointed by Us. The place of arbitration shall be New Delhi and the arbitration proceedings shall be governed by The Arbitration & Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The courts at New Delhi shall have exclusive jurisdiction to decide upon any application under Section 9, Section 11 and other provision of The Arbitration and Conciliation Act, 1996 as amended from time to time and which provides right to such court to adjudicate upon any matter.

14. ASSIGNABILITY

We may assign any of Our responsibilities/obligations to any other person without notice to the User, at Our sole discretion. However, You shall not assign, sub-license or otherwise transfer any of Your rights under these Terms of Use to any other party, unless a written consent is taken from Us.

15. WAIVER

Failure on Our part to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

16. FORCE MAJEURE

We are not liable for failure to perform any of Our obligations if such failure arises by reason of, under this Terms of Use which results (whether directly or indirectly) from any event of “force majeure” which shall include, without limitation, any act of God, civil war or strife, hostilities (whether war be declared or not), act of foreign enemy, invasion, war, rebellion, strikes, lockouts or other industrial disputes or actions, breakdown of facilities or any interruption or any failure of electricity or server, system, computer, internet or telephone service, legal enactment, governmental order or regulation or any other cause beyond their respective control and which We are unable to overcome by the exercise of reasonable diligence.


You hereby agree and accept that the ‘Privacy Policy’ is an integral part of these “Terms of Use” and constitute a binding agreement between You and Us, and are automatically accepted by You upon checking this tick box and your access of the Website.