These Terms and Conditions, and any other terms and policies referred to in these Terms and Conditions, form the agreement between Aerobit Technologies having its registered office at First Floor, 102/3, Aangan Tower, Indira Gandhi Marg, Makarpura, Vadodara, Vadodara, Gujarat, 390004 along with its Partner Aerobit Technologies Limited situated at 7 Birch Walk, CR4 1AS, United Kingdom (referred to as “Okfit”, “we” or “us”) and the user (referred to as “Customer” or “you”), collectively referred to as the Parties or each a Party, (Agreement).
Aerobit Technologies owns, or holds the relevant rights to, “Okfit” and will license the use of the Software as a service to the Customer.
The Customer wishes to license the SaaS Services available at www.okfit.in (Site) from Okfit.
This Agreement sets out the terms upon which Okfit has agreed to grant a license to the Customer to use the SaaS Services. This Agreement is binding on any use of the Services and applies to the Customer from the time that Okfit provides the Customer with an account (Customer’s account) to access and use the Services (Effective Date).
By accessing and/or using the Services you:
warrant to us that you have reviewed this Agreement, including our Website Terms of Use (available on the Site) and our Privacy Policy (available on the Site), and you understand it;
In order to use or access the Platform, you must be competent to enter into a contract under applicable laws, this means and includes that you must be at least 18 years old to use the Platform. Your continued use of the Platform will mean that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws.
By using our Services and subscribing on our Site, you acknowledge that you have read, understood, and accepted this Agreement and you have the authority to act on behalf of any person or entity for whom you are using the Services, and you are deemed to have agreed to this Agreement on behalf of any entity for whom you use the Services.
User Account: In order to access or use some (or potentially all) of the features of Okfit, You may have to become a registered user and open an account and/or log in to Your existing account with Okfit (“Your Account”), the use of which will be subject to such terms and conditions as were provided by Company in connection with the creation of Your Account (“Account Terms”). Your decision to provide this information is purely voluntary and optional; however, if You elect not to provide it, then You may not be able to access certain (or potentially all) of the features of Okfit.
From the activation of your subscription account, Okfit agrees to provide the Services in accordance with the terms of this terms and conditions.
User agrees that Okfit owns or holds the applicable licenses to all Intellectual Property Rights including but not limited to copyright in the Software and SaaS Services and any documentation provided with the Services by Okfit to the Customer including any Customer configuration documentation.
Okfit reserves the right to change or remove features of the SaaS Services from time to time. Where there is any material alteration to the SaaS Services in accordance with this clause, Okfit will provide the Customer with 30 Business Days’ notice and the Customer agrees that any material alteration is at Okfit’s discretion.
The Parties agree that Okfit:
will supply the Services on a non-exclusive basis;
does not make any warranty or representation as to the ability of the facilities or services of any third-party suppliers; and
is not liable for any failure in, fault with or degradation of the Services if that failure, fault or degradation is attributable to or caused by any failure of the Customer Environment or the facilities or services of any third party.
Okfit reserves the right to refuse any request in relation to the Services that it deems inappropriate, unreasonable or illegal.
In consideration for payment of the applicable subscription fees, Okfit grants to the Customer a non-exclusive, non-transferable (except as otherwise permitted under this Agreement), personal, revocable, license to access and use the SaaS Services in accordance with Okfit’s intended purpose for the SaaS Services (SaaS Licence).
The Customer agrees that the Licence:
commences from the day the Customer is granted access to the SaaS Services by Okfit;
permits the Customer to use the SaaS Services in accordance with the SaaS Services’ normal operating procedures; and
permits the Customer to provide access and use of the SaaS Services to Authorised Users by embedding the SaaS Services into Customer’s services to its customers, as applicable.
Customer must not access or use the SaaS Services except as permitted by the Licence and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Okfit’s Intellectual Property Rights in the SaaS Services or Software. Without limiting the foregoing provisions, Customer agrees and acknowledges that it must not and will not permit any person to:
resell, assign, transfer, distribute or provide others with access to the SaaS Services;
“frame”, “mirror” or serve any of the SaaS Services on any web server or other computer server over the Internet or any other network;
copy, alter, modify, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance the SaaS Services or
alter, remove or tamper with any trademarks, any patent or copyright notices, or any confidentiality legend or notice, or any numbers, or other means of identification used on or in relation to the SaaS Services or Software.
Customer must not use the SaaS Services in any way which is in breach of any statute, regulation, law or legal right of any person within India or the jurisdiction in which the Customer or its Personnel are located.
Customer grants to Okfit, limited licence to copy, transmit, store and back-up or otherwise access, use or make reference to any Intellectual Property Rights in the Data:
to supply the Services including to enable Customer, its Personnel and any Authorised Users to access and use the Services;
to analyze for predictive safety analytics, industry guideline production, and other construction safety-related uses, provide such Data is re-identified;
for diagnostic purposes;
to test, enhance and otherwise modify the Services whether requested by the Customer or not;
to develop other Services; and
as reasonably required for the performance of Okfit’s obligations under this Agreement.
The Customer represents and warrants that:
any and all Data supplied by the Customer or otherwise accessed by Okfit through the provision of the Services is the sole and exclusive property of the Customer or the Customer has secured any and all authorizations and rights to use the Data as applicable;
its Data does not breach any relevant laws, regulations or codes;
its Data does not infringe the Intellectual Property Rights of any third party;
it will comply with all applicable laws and regulations in the jurisdiction where the Customer accesses and publishes content using the SaaS Services; and
to the extent that the Data contains personal data, it has obtained the necessary consents in order to transfer or permit access to this Data in accordance with applicable privacy and data protection laws.
The Customer acknowledges and agrees that:
any collation, conversion and analysis of Data performed as part of the Services whether by the Services or otherwise is likely to be subject to human input and machine errors, omissions, delays and losses including but not limited to any loss of Data. Okfit is not liable for any such errors, omissions, delays or losses. Customer acknowledges and agrees it is responsible for adopting reasonable measures to limit the impact of such loss or error;
Okfit may relocate the Data to another jurisdiction. In each case, Okfit will give the Customer 30 Business Days’ notice and use all reasonable endeavours to minimise the effect of such change on the Customer’s access and use of the Services;
Okfit is not responsible for any corruption or loss of any Data if such corruption or loss is due to an act or omission by the Customer, its Personnel, its Related Bodies Corporate or any Authorised Users; and
Okfit is not responsible for the integrity or existence of any Data on the Customer’s Environment, network or any device controlled by the Customer or its Personnel.
Customer agrees to indemnify and hold Okfit harmless for the corruption or loss of any Data controlled or stored by the Customer or any Related Bodies Corporate, to extent the corruption or loss is not caused by the negligent act or omission of Okfit or its Personnel.
During the Term, Okfit will provide the Support Services in accordance with the Service Levels as provided herein during the Support Hours provided that:
the Customer provides Okfit with notice for applicable Services in accordance with any applicable system and processes as set out on the Platform, as applicable; and
where required, the Customer assists with investigating and ascertaining the cause of the fault and provides to Okfit all necessary information relevant to the fault (including but not limited to what the Customer or their Personnel has done in relation to the fault).
Any support request raised by the Customer shall be attended to by Okfit within 2 to 3 working days.
Whilst Okfit intends that the Services should be available 24 hours a day, seven days week, it is possible that on occasions the Services or Webapp may be unavailable to permit maintenance or other development activity to take place.
If for any reason Okfit has to interrupt the Services for longer periods than Okfit would normally expect, Okfit will use reasonable endeavours to publish in advance details of such activity on the Software.
Okfit must maintain commercially reasonable security measures to protect all Confidential Information in its possession or control, or in the possession or control of its Personnel, from unauthorised access, use, copying or disclosure.
Upon cancellation, termination or expiration of a Subscription or termination of the services, Customer Data in the platform will be preserved for 30 days (the "Retention Period") and, before being permanently deleted from Okfit’s Platform and unrecoverable by Customer. After the Retention Period, Okfit makes no representations or warranties as to the preservation or integrity of Customer Data. Customer hereby agrees that Okfit shall have no obligation to retain Customer Data after the Retention Period, unless otherwise prohibited by law. If Customer renews its Subscription prior to the end of the Retention Period, Customer Data shall remain available to Customer. Before the Retention Period ends, Customer may request Okfit to provide certain data migration and/or export services: (1) Generated Data Export Services- Providing a copy of the Customer’s Generated Data for export to another Cloud Storage Provider or on- premises location of Customer’s choosing; or (2) Data Migration Services- Migration services to assist in the transitioning to or from Customer-provided storage to or from alternative storage of Customer’s choosing, or migration of data between Customer’s online services tenant and another online services tenant, whether within the same region or across regions. In either instance, Okfit shall assess whether and to what extent such export/migration is reasonably possible. If Okfit elects to provide such services, it will do so at its then current rates, unless otherwise agreed in writing between Okfit and Customer
Customer will provide all required materials as required by Okfit from time to time for Okfit to perform the Services.
Customer must, at the Customer’s own expense:
provide all reasonable assistance and cooperation to Okfit in order to enable Okfit to supply the Services in an efficient and timely manner including but not limited to obtaining from Authorised Users any consents necessary to allow the Customer and its Personnel to to provide the Services;
use reasonable endeavours to ensure the integrity of the Data;
permit Okfit and its Personnel to have reasonable access to the Customer Environment for the purposes of supplying the Services;
ensure that only Customer Personnel and Authorised Users will access and use the SaaS Services and such use and access will be in accordance with the terms and conditions of the SaaS Licence; and
make any changes to its Customer Environment that may be required to support the delivery and operation of any Services.
The Customer is responsible for its use of the Services and must ensure that no person uses the Services:
to break any law or infringe any person’s rights including but not limited to Intellectual Property Rights;
to break any law or infringe any person’s rights including but not limited to Intellectual Property Rights;
in any way that damages, interferes with or interrupts the supply of the Services.
Customer acknowledges and agrees that:
it is responsible for all users using the Services including its Personnel and any Authorised Users;
its use of the Services will be at its own risk;
it is responsible for maintaining the security of its account and password. Okfit cannot and will not be liable for any loss or damage from the Customer’s failure to comply with this security obligation;
Okfit may alter or update the Customer’s account logins and passwords and the logins and passwords of any Authorised Users at any time throughout the Term;
Customer is responsible for all content posted and activity that occurs under their account. This includes content posted by others who have logins or accounts associated with the Customer’s account;
Okfit may pursue any available equitable or other remedy against the Customer as a result of a breach by the Customer of any provision of these Terms and Conditions.
Customer acknowledges and agrees that these Terms and Conditions incorporates by reference, the terms of any acceptable use policy as set out on Okfit’s website or as provided to the Customer from time to time.
Customer acknowledges and agrees that it must not, and will ensure each Authorised User does not:
use the SaaS Services to violate any legal rights of any person, the Customer or other entity in any jurisdiction;
use the SaaS Services in relation to crimes such as theft and fraud;
use the Services in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy;
make any unauthorised copy of any copyrighted material owned or licenced by Okfit;
introduce malicious programs into Okfit’s System (e.g. viruses, worms, trojan horses, e-mail bombs);
reveal the Customer’s account password to others or allow use of the Customer’s account the to those who are not the Customer’s Personnel or Authorised Users;
use the SaaS Services to make fraudulent offers of goods or services;
use the SaaS Services to carry out security breaches or disruptions of a network. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorised to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing/monitoring, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
use any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any persons’ use of the SaaS Services;
send any unsolicited email messages through or to users of the SaaS Services or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages; use the SaaS Services in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited; and
use the SaaS Services to circumvent user authentication or security of any of the Customer’s hosts, networks or accounts or those of the Customer’s customers or suppliers.
Customer can learn more about various subscription offerings by Okfit in its platform. Pricing may vary by location and will be based on the billing information provided by the Customer at the time of purchase.
You will not be charged for using any Service unless you have opted for a paid subscription plan.
Customers with monthly/annual paying subscriptions will be charged upon the expiration of the period they have paid for. Okfit shall send the invoice for the subsequent subscription term at the end of your subscription term for the renewal and continued use of our services. Payment for the subscription term shall be on or before 7 days from the date on which Okfit shares the invoice. You acknowledge that your failure to pay any fees or charges when due may result in suspension or termination of Your use of Our Services.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle.
In the event any tax is chargeable by Okfit in accordance with any local, state, National or foreign laws with respect to your subscription to our Services ("Taxes"), Okfit will invoice you for such Taxes. You agree to pay Okfit such Taxes in addition to the subscription fees. Okfit shall provide you with an invoice in the format prescribed by the applicable local, state, National or foreign laws to help you avail the applicable input tax credit for the Taxes so paid. The subscription fees are exclusive of applicable taxes unless otherwise specified.
Okfit uses third-party payment processors ("Payment Processors") to process the payment account(s) linked to your account ("Billing Information"). The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to this Agreement. Okfit is not responsible for acts or omissions of the Payment Processors. You agree to pay Okfit, through the Payment Processors, all applicable Fees and you agree and authorize Okfit and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your account ("Payment Method").
Subject to clause 12.2, each Party must (and must ensure that its Personnel do):
keep confidential; and
not use or permit any unauthorised use of, all Confidential Information.
Clause 12.1 does not apply where:
the information is in, or comes into, the public domain (other than by a breach of this clause 12 by the relevant Party);
the relevant Party has the prior written consent of the Party that disclosed the Confidential Information;
the disclosure is required by law;
the disclosure is required in order to comply with this Agreement, provided that the Party disclosing the Confidential Information ensures the recipient complies with the terms of this clause 12; and
the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that the Party disclosing the Confidential Information ensures the adviser complies with the terms of this clause 12
Each Party acknowledges and agrees that monetary damages may not be an adequate remedy for a breach of this clause 12. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 12.
A Party’s ownership of, or any right, title or interest in, any Intellectual Property Rights in an item which exists prior to the Effective Date (Pre-Existing Material) will not be altered, transferred or assigned by virtue of this Agreement.
The Customer grants to Okfit a non-exclusive, royalty free, non-transferable and revocable licence to use any of the Customer’s Intellectual Property Rights including any Pre-Existing Material as reasonably required for Okfit to provide the Services to the Customer
We do not screen content uploaded onto the SaaS Service, but we have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service that we deem inappropriate, illegal, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s Intellectual Property Rights or this Agreement.
We have the discretion (but not obligation) to terminate a Customer’s access to and use of the Services if, we determine that Customer or its Authorised Users are repeat infringer of the Intellectual Property Rights of us or third parties.
Customer must maintain copies of all Data inputted into the Service. Okfit adheres to its best practice policies and procedures to prevent data loss, including a daily system data backup regime, but does not make any guarantees that there will be no loss of Data. Okfit expressly excludes liability for any loss of Data no matter how caused.
Customer and its Personnel agrees to comply with its obligations under our Privacy Policy and any other applicable legislation or privacy guidelines as amended from time to time in relation to personal information collected, used or disclosed by that Party or its Personnel in connection with the Services and this Agreement. It contains how Okfit collects, discloses, holds or uses personal information. Okfit reserves the right to amend its Privacy Policy as required from time to time.
Okfit will take all reasonable steps to notify the Customer in writing if it becomes aware of any actual, threatened or suspected breach of Data where such breach involves personal information.
Customer warrants that it has obtained each of its Authorised User’s informed consent for Okfit, its related bodies corporate, and their respective Personnel to use, store, manipulate or otherwise deal with the personal information contained in the Data.
Customer must ensure that any collection, processing, use, disclosure and transfer by the Customer and its Personnel of personal information in connection with the performance of its obligations under this Agreement complies with all applicable privacy law and the privacy policy of the Customer.
Customer must take all necessary steps to ensure that the personal information held or accessed by it in connection with this Agreement is protected against misuse, interference and loss, and from unauthorised access, modification and disclosure (Data Breach). Customer will promptly give written notice to Okfit of any actual or suspected Data Breach and will provide information, assistance and other cooperation as requested by Okfit in respect of the Data Breach.
Customer must co-operate with any reasonable requests or directions of Okfit relating to the security, use, disclosure, and transfer of personal information, Okfit legal obligations relating to the personal information, complaints relating to the personal information and the rights of individuals to access and correct the personal information or opt out of receiving any communications from or on behalf of the Customer.
Okfit will retain Customer’s information for as long as Customer account is active or as needed to provide Customer services. Okfit will retain and use information as necessary to comply with legal obligations, resolve disputes, and enforce agreements.
General: Each Party represents and warrants to each other Party:
it has full legal capacity and power to enter into this Agreement, to perform its obligations under this Agreement to carry out the transactions contemplated by this Agreement, to own its property and assets and to carry on its business;
no Insolvency Event has occurred in respect of it;
this Agreement constitutes legal, valid and binding obligations, enforceable in accordance with its terms; and
the execution and performance by it of these Terms and Conditions and each transaction contemplated by it does not conflict with any law, order, judgment, rule or regulation applicable to it or any document binding on it.
Okfit
Okfit warrants that to the best of its knowledge the Services do not infringe the Intellectual Property Rights of any third party and there are no actual or threatened proceedings for any intellectual property infringements in relation to the SaaS Services
Okfit does not warrant that the Services will be error-free or will operate without interruption or that, except as set out in this Agreement, the Services will be performed in the manner intended by the Customer or the Services will meet the requirements of the Customer.
Customer will defend, indemnify and hold Okfit harmless from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim (as defined herein below) that arises out of or relates to the use or misuse of the Services or any violation of these Terms and Conditions. For purposes hereof, "Claim" shall mean any claim, losses, cost, expenses, damages, action, audit, investigation, inquiry or other proceeding instituted by any person and/or entity and/or government authority.
Where Okfit acts in good faith in response to any oral or electronic instruction or inquiry from the customer, in respect of any matter in relation to the Customer’s Account, Customer will not be entitled to make any Claim or allege any loss, damage, liability, expense etc., attributable, directly or indirectly, to any such action taken on a good faith basis, and Customer agree to hold Okfit harmless in respect thereof.
Okfit does not issue any warranty on Third-party hardware and the warranty and Terms of Service will be as per the Third-party.
Okfit will not be responsible incase the SMS fails to deliver or character limit exceeds thereby resulting in loss of SMS count.
IN NO EVENT SHALL OKFIT, BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, BREACH OF SECURITY, OR LOST OR DAMAGED DATA) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT, THE SITE, OR ANY SERVICES RENDERED BY OKFIT, EVEN IF OKFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF OKFIT TO THE USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY THE USER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Commencement:
The Term of this Agreement takes effect on and from the date on which the subscription plan is activated and continues for the Initial Subscription Term, if specified, and any Renewal Term, unless this Agreement is terminated earlier in accordance with the terms of this Agreement.
Termination
Okfit may terminate this Agreement by giving at least 30 Business Days’ notice to the Customer if the Customer is in breach (other than a trivial breach causing no material harm) of any provision of this Agreement and, where the breach is capable of remedy, the Customer has failed to remedy the breach within 30 Business Days of receipt of written notice from Okfit describing the breach and calling for it to be remedied.
Okfit may terminate this Agreement immediately by giving written notice to the Customer where the Customer commits a breach of clause 4 (Licence Restrictions) or clause 9 (Prohibited Use).
Events Following Termination
Upon termination of this Agreement, Okfit will:
immediately stop performing the Services;
promptly return to the Customer or destroy all property, including Confidential Information, Intellectual Property and Data in its possession that belongs to the Customer.
Upon termination of this Agreement, the Customer will immediately:
cease and desist from any use of the Services;
return to Okfit all property, including Confidential Information and Intellectual Property, in its possession that belongs to Okfit;
The expiry or termination of this Agreement for any reason will be without prejudice to any rights or liabilities which have accrued prior to the date of expiry or termination of these Terms and Conditions.
Notwithstanding the existence of a Dispute, the Parties must continue to perform their obligations under this Agreement.
Negotiation. In the event of a Dispute, the Party claiming there is a Dispute must give written notice to the other Party or Parties to the Dispute setting out the details of the Dispute and proposing a resolution (Dispute Notice). Within 10 Business Days after receipt of the Dispute Notice, each relevant Party must (if applicable by its senior executives or senior managers who have authority to reach a resolution on its behalf) meet at least once to attempt to resolve the Dispute in good faith. All aspects of every such conference, except for the occurrence of the conference, will be privileged.
Mediation: If the relevant Parties are unable to resolve the Dispute with 15 Business Days after receipt of the Dispute Notice, any Party involved in the Dispute may (by written notice to the other Parties) submit the Dispute to mediation administered by the Legal Service Authority. The costs of mediation are to be split between the relevant Parties, provided that each Party will bear its own costs in relation to the mediation.
Arbitration. If the Dispute has not been settled within 30 Business Days after the appointment of a mediator, or such other period as agreed in writing between the Parties, the Dispute may be referred by any Party involved in the Dispute (by written notice to the other Parties) to Arbitration under the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be at Vadodara, Gujarat.
Notices and communication: Any notice or notification in relation to these Terms which You wish to make to Us must be made in writing to [email protected]. All Your communications with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support. Any notice given by Us hereunder will be deemed to have been received by You within 24 hours of sending the same via e-mail or SMS at the e-mail address specified by You or Your registered mobile phone number. In the event of any change in Your e-mail and/or registered address and/or telephone numbers or other information provided by You, You shall inform Us promptly in writing, by e-mail, which change shall be recorded by Us after due verification.
Force Majeure: If performance of this Agreement or any obligation under this Agreement is prevented, restricted or interfered with by reasons of Force Majeure and the affected party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the affected party invoking this provision shall be suspended to the extent necessary by such event. The affected party shall use reasonable efforts under the circumstances to remove such prevention, restriction or interference or to limit the impact of the event on its performance and must continue to perform with reasonable dispatch when the Force Majeure is removed.
Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A waiver must be in writing.
Links to Third Parties: The Services may contain links to third-party websites (“Third-Party Websites”) and apps (“Third-Party Apps”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party App or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Apps and Third-Party Ads are not under the control of Okfit. Okfit is not responsible for any Third-Party Websites, Third-Party Apps or Third-Party Ads. Okfit provides these Third-Party Websites, Third-Party Apps and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Apps or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Apps and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.
Governing law and jurisdiction: This Agreement is governed by the laws of India. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Vadodara, Gujarat and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Last updated on 02 Jan, 2024