Terms and Conditions
Effective Date: May 2019
This Agreement ("Agreement") and the
policies referred to herein contain the terms and conditions
that apply to your use of our Website www.scalereal.com and/or
our Web Applications, developed by Us from time to time
and services provided therein ("Website")
and all affiliated Websites owned, operated, licensed or
controlled by scalereal Inc. ("Company").
Please note that every time we use the word Website, it
also includes reference to our App.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS
YOUR USE OF THE WEBSITE AND/OR OUR APP AND SERVICES MADE
AVAILABLE THROUGH THE WEBSITE AND/OR OUR APP. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION
OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE/ APP INCLUDING
ANY ADVICE OR OPINION THAT YOU MAY HAVE RECEIVED ON THE
WEBSITE/ APP IN ANY WAY.
Your access or use of the Website creates a binding and
enforceable legal agreement between you, the Website user, and
Company and signifies your understanding, acceptance and consent
to be bound by the terms and conditions contained in
this Agreement. We grant you permission to use the Website
subject to the restrictions in these Agreement.
BY USING THE WEBSITE AND/OR OUR APP, AND/OR BY REGISTERING WITH
US, YOU AGREE THAT YOU ACCEPT THIS AGREEMENT.
NOTE:
The expression you and its grammatical variations refer to
the individual who is
accessing this Website. If you are not the user for whom the
Services are being sought, then
by accessing this Website, you assume full responsibility to
communicate the terms and
conditions under which this Website and the Services on the
Website are being made
available to the user. Prior to accessing the Website, you must
ensure that you have been
lawfully authorized to share the user's Personal Information,
records and information with
the Company for the purposes envisaged in this Agreement and the
Privacy Policy and obtain
the services contained herein for the user.
About the website/app
Everything we offer on the Website/App is referred to in this Agreement collectively as the "Services" Some information available on the Website is viewable without registering with us, but to avail benefit of most Services, you must register as a member and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.
License to use the site
The Company grants you a limited license to access and make personal use of the Website, subject to the Terms. Without the express written consent of the Company, you may not reproduce, duplicate, copy, download, sell or otherwise exploit for any commercial purpose the Website and any portion hereof. This limited license terminates automatically, without notice to you, if you breach these Terms.
Purchases
If you wish to purchase any our product or service ("Purchase"),
you may send the request in one of
the following ways:
Payment of fees
You acknowledge that you or any authorized individual acting on your behalf is responsible for all fees charged by the Company for the Services. You understand that you (or anyone else authorized by you) must pay these fees in advance, and that it is your responsibility to pursue any third-party insurance reimbursement at your own expense, if any.
Refunds
The Company believes in the quality of its Services and incurs
substantial costs to make the Services available to you.
Therefore, the Company does not offer part or full refund
against its Services under any circumstance.
If you are not satisfied with the Services provided to you, you
may write about your grievance along with detailed
reasons for your non-satisfaction to [email protected].
We assure you
that your grievance will be processed objectively.
You have been informed in the Privacy Policy that you have the
option to withdraw consent for use of your Personal
Information at any time. However, if you withdraw your consent
after the advance payment is made, the advance will not
be returned.
Termination
We may terminate, withdraw, discontinue or suspend access to our
Website immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if you
breach the Terms.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Content, copyrights and trademarks
All text, material, data, and information, data files,
description of our services or/and our products, graphics,
images, user interfaces, visual interfaces, photographs,
trademarks, logos and computer code etc. (
"Content"), contained on the Website is
owned, controlled or licensed by or to Company, and is
protected by applicable intellectual property and other laws,
including trademark and copyright laws. Company owns and
retains all copyrights in the Content.
You acknowledge that Company does not make any representations
or warranties about the Content which you may have access
to. Under no circumstances is Company liable in any way for any
Content, including, but not limited to: any infringing
Content, any errors or omissions in Content, or for any loss or
damage of any kind incurred as a result of the use of
any Content posted, transmitted, linked from, or otherwise
accessible through or made available via the Website.
You agree that you are solely responsible for your reuse of
Content made available through the Website, including
providing proper attribution. You should review the terms of the
applicable license before you use the Content so that
you know what you can and cannot do.
Except as expressly provided in these Terms, no part of the
Website and no Content may be
copied, reproduced, modified, published, republished, uploaded,
posted, publicly displayed,
encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other
computer, server, web site or other medium for publication or
distribution or for any
commercial enterprise, without Company’s express prior written
consent. You also agree not
to modify, rent, lease, loan, sell, distribute, transmit,
broadcast, or create derivative works
based on the Content or the Website, in whole or in part, by any
means.
Company's logos and trademarks are trademarks and the property
of Company. The
appearance, layout, color scheme, and design of the Website are
protected trade dress. You
do not receive any right or license to use the foregoing. We may
use and incorporate into the
Website any suggestions or other feedback you provide, without
payment or condition.
You may use the Website or/and Content solely for your
commercial, business, personal
purposes and/or to learn about Company's products and services,
and solely in compliance
with these Terms; provided that you not remove any proprietary
notice language in Content
or part of Content, do not copy or post such Content or part of
Content on any networked
computer or broadcast it in any media, make no modifications to
any such Content or part of
Content and not make any additional representations or
warranties relating to Website, such
Content or part of Content or/and Company's products or/and
services. Any unauthorized use
terminates the permission or license granted by Company. You are
granted a limited,
revocable, and nonexclusive right to create a hyperlink to the
home page of Company so long
as the link does not portray Company, its affiliates, or their
products or services in a false,
misleading, derogatory or otherwise offensive manner.
Feedback and suggestions
We appreciate and welcome your comments and suggestions on the Company's Website. You agree that the Company may use your feedback, suggestions, or ideas in any way, including in future modifications of the Website or other Services, products, advertising or marketing materials. You grant the Company a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback, suggestions and ideas you provide to the Company in any way. The Company will not sell, publish or share your feedback in a way that could identify you without explicit permission.
Prohibited use of the website
By accessing the Website, you agree that you will not:
Privacy policy
By using the Website you accept the terms of Privacy Policy
which is an integral part of these Terms.
Please check our Privacy Policy to learn more www.scalereal.com/privacy-policy.
Links
Our Website may contain links to third-party web sites or
services that are not owned or controlled by Company. Links on
the Website to third party web sites or information are provided
solely as a convenience to you.
Such links do not constitute or imply an endorsement,
sponsorship, or recommendation by Company of the third party,
the
third-party web site, or the information there.
Company has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third
party web sites or services or for the availability of any such
web sites. You further acknowledge and agree that
Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
content, goods or services available on or through any
such web sites or services.
Company reserves the right at any time and in its sole
discretion to request that you remove all links or any
particular
link to Website. You agree to immediately remove all links to
Website upon such our request.
No link(s) to our Website may appear on any page on your web
site or within any context containing content or materials
that may be interpreted as libelous, obscene or criminal, or
which infringes, otherwise violates, or advocates the
infringement or other violation of, any third party rights.
Additional terms
Certain Services on the Website may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement this Agreement. If you choose to register for or access any such service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules, which shall be deemed to have been incorporated as terms of this Agreement.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without giving you prior notice. Your use of the Website following any such modification constitutes your acceptance to follow and be bound by these Terms as modified. The last date these Terms were revised is set forth above.
Changes to the services
We may from time to time add a new service to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Website, and the users of new services will be governed by this Agreement. You agree that the Company will not be liable to you or any third party for Any suspension or discontinuation of any of the Services.
Disclaimer; limitations of liability
To the maximum extent permitted by applicable law, Company
disclaims any and all representations, warranties and
conditions relating to Website and the use of Website
(including, without limitation, any warranties implied by law in
respect of satisfactory quality, fitness for purpose and/or the
use of reasonable care and skill).
To the extent that the Website and Content are provided free of
charge, Company will not be liable for any loss or
damage of any nature.
COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF
THE
WEBSITE OR THE CONTENT FOR ANY PURPOSE. THE WEBSITE AND ITS
CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
THE
CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR
OTHER ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR
CURRENT.
IN NO EVENT SHALL COMPANY AND/OR ITS AFFILIATES BE LIABLE OR
RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED
OF
THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE
CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED, INCLUDING
BUT
NOT LIMITED TO, ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY
FAILURE OF USE, PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OF THE SOFTWARE OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY
OTHER CAUSE OF ACTION.
YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE
WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH
CONTENT.
The limitations of liability in this section do not apply to
breaches of intellectual property provisions by you or your
indemnification obligations relating hereunder.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless Company, its affiliated companies, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of these Terms. You will not, in any event, settle any claim or matter without the written consent of the Company.
Applicable law, jurisdiction of courts and dispute resolution
This Agreement shall be governed by and be interpreted in
accordance with the laws of India and US federal laws. You
hereby consent to the exclusive jurisdiction and venue of courts
in the competent courts of Pune for all disputes
arising in India, and courts of Maryland for all disputes
arising in the United States of America shall have
jurisdiction to adjudicate and grant urgent interim reliefs to
the parties.
The parties shall have the right to apply to a court of
competent jurisdiction to obtain interim injunctive relief in
respect of any dispute, pending resolution of such dispute in
accordance with this Agreement.
Global availability
The Company makes no representations that the information on the Website is appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited. Those who choose to access the Website from other locations do son on their own initiative and are responsible for compliance with applicable local laws.
Miscellaneous
The Company shall have the right to place advertisements and
publicity materials of its choice, including that
pertaining to parties other than itself for commercial use
through electronic means on the Application.
These Terms constitute the entire agreement between the parties
with respect to the subject matter hereof. A Company’s
failure to insist upon or enforce strict performance of any term
or provision of these Terms shall not be construed as a
waiver of any term, provision or right.
The Company shall not be liable for any downtime or delay or
unavailability of the Application caused by circumstances
beyond the Company’s reasonable control, including without
limitation, acts of God, acts of government, floods, fires,
earthquakes, civil unrest, acts of terror, pandemic, strikes or
other labour problems, internet service provider
failures or delays, or denial of service attacks.
If any part of these Terms is determined in arbitration or by a
court of competent jurisdiction to be invalid or
unenforceable, that part shall be limited or eliminated to the
minimum extent necessary so that the remainder of these
Terms is fully enforceable and legally binding.
The rights and obligations stipulated in these Terms will be
governed and controlled by the laws of the State of
Maharashtra if arising in India and the State of Maryland if
arising the United States of America without reference to
the applicable choice of law provisions. You agree to the sole
and exclusive jurisdiction and venue of the arbitration
to occur in the State of Maharashtra if arising in India and the
State of Maryland if arising the United States of
America in the event of any dispute of any kind arising from or
relating to these Terms, Privacy Policy, your use of the
Website or the Content.
You are responsible for complying with the laws of the
jurisdiction from which you are accessing Website and you agree
that you will not access or use the information on Website in
violation of such laws.
Notices
The Company may deliver notice to you under this Agreement by
means of electronic mail, a
general notice on the Company's Website, or by written
communication delivered by first
class U.S. mail to your address on record in the Company's
account information. You may
give notice to the Company at any time via electronic mail
to
[email protected]
or by letter
delivered by postage prepaid U.S. mail or overnight courier to
the following address:
B1 - 504, Montvert Pristine, Behind St. Thomas Church, Aundh Road, Pune - 411020, MH, India.
Contact us
If you have any questions about these Terms, please contact us
by email
[email protected].
Copyright 2023 scalereal Inc. All rights reserved