What do Shivay Services Terms and Conditions mean and why do we have them and most importantly why do you need to read and agree to accept them?

Great questions with a simple short answer: the law says we need this! By explaining what we do and how we expect users to engage with us (which is the purpose of the general terms and conditions), end users (you and user) get to know about platform and our services. When you accept our terms and conditions you tell us by a simple click of a button that you are on board – ready to platform !! [Please note: if you are using the services on behalf of an organization, remember: you are agreeing to these terms and conditions for that organization and representing (meaning you are telling us) that you have the authority to bind your organization to these terms (in such case, ‘you’, ‘your’ and ‘yours’ will refer to your organization).

Do read these terms and conditions very carefully including any amendments (changes) made from time to time (all of which is collectively referred to as Terms and Conditions. When you accept these Terms and Conditions we have a legal agreement with you. This Terms and Conditions (“Terms and Conditions”) is an electronic record that is binding between the user of this website (“You/Yours”) and M/s Shivay Services (“Firm/Company”). you comprehend and consent to acknowledge and hold fast to the accompanying terms and conditions as expressed in this strategy (from now on alluded to as 'Client/user Agreement'), alongside the terms and conditions as expressed in our Privacy Policy (please allude to the Privacy Policy area underneath for more data).

Definitions and Interpretation

In this Terms and Conditions the following terms shall have the following meanings-

• Account: Means collectively the personal information, payment information and credentials used by You to access Content and/or any communications system on the Website;
• Content: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
• Facilities: Means collectively any online facilities, tools, services or information that the Company makes available through the Website either now or in the future;
• Services: Means the services available to you through this Website, Rent Agreement/Leave and License Agreement, Notice of Intimation, Digital Life Certificate, Certified Copy, Agreement;
• Payment: Means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/ debit card numbers, bank account numbers and source codes;
• Address: Means Company place of business located at B-102, Shree Tukaram Nagari, Dhamalwadi, Phursungi, Pune-412308, Maharashtra;
• System: Means any online communications infrastructure that the Company makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
• Website/Mobile App: Means the website/mobile app that you are currently using www.shivayservices.com and any sub-domains of this site unless expressly excluded by their own terms and conditions;

General Information (what we own & offer)

1. We have proprietary mobile application, website, and other digital channels to create a platform for online, electronic, digital or web-based services is open to adult (18 and above years of age) residents in India (Customers). Customers may access the Platform by using mobile and internet-based smart phones, (Channels) to buy items offered for Online/Offline Services (Products) as per the service rules set by Shivay Sevices (Shivay Services Rules).
2. Shivay Services Terms and Conditions and the Shivay Services Rules are to be read together (part of each other) and is applicable for all Services and to all Customers.

Acceptance Of Terms (what happens when you accept our terms and what happens if you don‘t)

1. Before exploring, visiting or using SHIVAY SERVICES or availing any SHIVAY SERVICES offering, service or experience made available through or on the SHIVAY SERVICES Platform you must read and agree accept these Terms and Conditions, (more simply: to be on SHIVAY SERVICES, you have to accept our terms).
2. By using or subscribing to SHIVAY SERVICES you represent (confirm) the following:
   1. that you are an individual at least 18 years of age capable of entering into legally binding contracts under Indian law; and
   2. you are a resident of India; and
   3. you have read, understood, and agree to be bound by these Terms and Conditions, together with any of our related policies and guidelines (e.g., our Service Rules and privacy policy and guidelines: https://www.shivayservices.com/privacy-policy) which are all part of these Terms and Conditions (just broken up under different heads for easy identification & use).
3. Just like life requires us to make changes from time to time, we may also need to make changes to these Terms and Conditions related policies and rules with or without notice. We therefore urge you to be always proactive and current when you use or access SHIVAY SERVICES. If don’t agree with the changes or updates, you can immediately stop using SHIVAY SERVICES and cancel any SHIVAY SERVICES subscriptions, account(s) and services you have previously signed up for (though we will be sorry to see you go). When you continue to use SHIVAY SERVICES after a change or update has been made, you represent (confirm) that you accept the changed or updated Terms and Conditions and related policies or rules.

User Registration & SHIVAY SERVICES Account (information we need to set up your SHIVAY SERVICES Account)

1. To access SHIVAY SERVICES, we require information such as your telephone number, name, address or any other information SHIVAY SERVICES thinks is necessary for access to the SHIVAY SERVICES Platform and for KYC purposes, including certain personally identifiable information to validate submitted Information (Information). All this Information is used to register you as a SHIVAY SERVICES user and provide you with a SHIVAY SERVICES account with the following features for your exclusive use (SHIVAY SERVICES Account):
   1. A login ID, which will be your registered mobile number or e-mail (Login ID)
   2. User authentication through an OTP on your registered mobile number (OTP).
   3. You can use the Login ID and OTP, to log in to your SHIVAY SERVICES Account.
2. The Log ID and OTP generated by SHIVAY SERVICES are personal to you and for your exclusive use only and you are responsible for its security and use.
3. When you provide this Information you also give consent to your Information being accessed and shared by us with necessary parties to provide you our services (Don’t forget our website (https://www.shivayservices.com) uses cookies so by using our website and agreeing to SHIVAY SERVICES Terms and Conditions, you consent to our use of cookies
4. To know more about how your Information will be used or what your consent to use cookies means please read our Privacy Policy https://www.shivayservices.com/privacy-policy/ which as we mentioned earlier is a part of these Terms and Conditions.
5. We maintain Information as per applicable law, and specifically the Information Technology Act, 2000, Information Technology (Amendment) Act, 2008 and the rules made thereunder (as amended from time to time).
6. All your Information must be current, complete, true and accurate. You agree to update any changes in the information provided by you on SHIVAY SERVICES as and when such changes occur. You agree not to use or provide any false or misleading information (it really is not worth the trouble!) and if the Company suspects that you have provided untrue, inaccurate, outdated or incomplete Information there is what can happen:
   1. Access to SHIVAY SERVICES may be blocked, including to any auctions that you may have won or to coupons available to SHIVAY SERVICES Account holders and account can be suspended either temporarily or cancelled permanently depending on the facts.
   2. If the Information is found to be fraudulent or based on willful misrepresentation the Company may close your SHIVAY SERVICES Account and black-list you from SHIVAY SERVICES and our channel partner website or services.
   3. The Company and may also pursue appropriate legal remedies in addition to any or all of the above (like we said – just isn’t worth it to give false or inaccurate information!).

Notifications, Alerts and social media announcements (how we communicate with you & others)

1. When you enable the notification and alerts provision you permit us to send you alerts, notifications and updates on your registered phone number and/or registered email address. Here are examples of a few good reasons why you may want to always enable your notification and alerts provision.
   1. You will receive timely notifications when the services you bought ticket for is about to start. This gives you to plan your services participation hours or days ahead without worry about forgetting!
   2. We may notify SHIVAY SERVICES your services by direct message on social media.
   3. We may send notification on how SHIVAY SERVICES Online/Offline Services Product must be claimed. If the user fails to respond to our notification attempts within the given time period, we reserve the right to disqualify the said user and offer the Services Product to the next eligible Customer or re-services Services Product.
2. SHIVAY SERVICES and its users are active social media participants and when you sign on to SHIVAY SERVICES you also consent to our social media engagement which may involve you. Here are some of the ways we may engage and expect participants to also engage as an essential condition of winning a SHIVAY SERVICES Online/Offline Services .
   1. Announce SHIVAY SERVICES your services on our social media platforms, with the name and photograph, the town or region of residence and prize details of the testimony.
   2. Post blogs, posts, articles, press releases or inform about SHIVAY SERVICES in a number of unique ways.
   3. Require SHIVAY SERVICES your services to provide testimonials, make announcements and/or to ‘like’ or ‘follow’ our social media accounts.

Access time & OUTAGES (the internet & its problems)

1. SHIVAY SERVICES is hosted on the cloud. Online/Offline Services require you to have high speed connectivity.
2. All reasonable effort is made to ensure that your experience remains uninterrupted and continuous. That said, here are some examples of what we cannot and do not guarantee:
   1. Uninterrupted uptime.
   2. Outages or downtime or other issues due to etc., due to circumstances beyond the Company’s reasonable control, such as those mentioned below (SHIVAY SERVICES Credit Exclusionary Events – this list is not complete – again just examples of events outside our control).
      • Any force majeure event (such as fire, flood, strike or other labour, disturbance, interruption of or delay in transportation, pandemic, epidemic, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo);
      • Unavailability of or interruption or delay in telecommunications or third-party services;
      • Inability to obtain raw materials, supplies, or power used in or equipment needed for provision SHIVAY SERVICES;
      • Scheduled or emergency maintenance of SHIVAY SERVICES , or upgrades to SHIVAY SERVICES ;
      • Any third-party unwarranted and unauthorised intrusions (Intrusions), including without limitation, denial of service (DoS attack) or similar cyber-attacks;
      • Domain Name System (DNS) issues outside the direct control of the Company such as Customer’s inability to connect to our IP address due to Customer’s loss of network or internet access or other network issues. The Company is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it;
      • Any Customer’s acts or omissions (or acts or omissions of others engaged or authorized by the Customer), including, without limitation, custom scripting or coding on or in relation to SHIVAY SERVICES , or any act attributable to Customer’s negligence or willful misconduct; or
      • Outages elsewhere on the Internet that hinders access to Customer’s account.
   3. Since we do not guarantee uninterrupted service, we will not be liable if, for any reason if all or any part of the SHIVAY SERVICES Platform or services becomes unavailable to you at any time, as a result of which you are not able transmit and receive data due to failure of network equipment (“SHIVAY SERVICES Downtime), including on account of those managed and owned by the Company.
   4. Without prejudice to the above, (which simply means without negatively affecting anything we have said about not being able liable and not providing uptime guarantees), here is what we can do for you in case you experience a monetary loss (limited to the price of the ticket you have paid) due to SHIVAY SERVICES Downtime:
      • We have a SHIVAY SERVICES Helpdesk to help you. Once you contact the SHIVAY SERVICES Helpdesk, we will use all reasonable effort to address your issue.
      • We will restart the services or reschedule if an ongoing Online/Offline Services affected due to SHIVAY SERVICES Downtime or outage.
      • If for any reason the services cannot be restarted or rescheduled then and only in such a case, (under refund policy) SHIVAY SERVICES will credit you with an amount up to the value of the ticket of the cancelled Online/Offline Services (SHIVAY SERVICES Account Credit) provided the SHIVAY SERVICES Downtime was not caused by any SHIVAY SERVICES Credit Exclusionary Events stated in clause 5.2.b above.
   5. All downtime or outage related issues will be handled solely at SHIVAY SERVICES’s discretion, including any goodwill gestures such SHIVAY SERVICES Account Credit. Goodwill gestures must not be confused with admission of any liability and is not a direct or indirect acknowledgement of the Company’s liability for any loss incurred due to SHIVAY SERVICES Downtime or for breach of any warranty of performance of SHIVAY SERVICES.
   6. If there is any dispute or claim on account of SHIVAY SERVICES Downtime, the SHIVAY SERVICES Account Credit up to the value of the ticket of the cancelled Online/Offline Services, shall be the Customer’s exclusive remedy (meaning the offer of the SHIVAY SERVICES Account Credit) is the only solution available to the Customer to resolve/end the dispute). Such tickets must be used within the time specified and cannot be used or redeemed for cash against any past dues or outstanding dues owed to either SHIVAY SERVICES or any of its services partners or their affiliates.

Disclaimer And Warranties (what you read here is what you get)

1. As an adult you are responsible for your own services and therefore though you know it we are saying it again:
   1. We are NOT responsible for any loss or damage caused by your use of SHIVAY SERVICES or any of our services or for any loss or damage to yourself, to others or to property due to your participation in any part of the SHIVAY SERVICES Online/Offline Services process (including unavailability of an SHIVAY SERVICES Product or cancellation of SHIVAY SERVICES).
   2. We also do NOT provide any assurance or guarantee for any Services Product or SHIVAY SERVICES service – simply because we can’t as the Services Products are not ours. Shivay Services is only the facilitator for Registration Online/Offline Services. Therefore Shivay Services Not involved in any of such activities in which he/she/it is portrayed as an (Govt. or Govt. authorized agent) responsible for doing Registration of documents. We do not sell or deal in any of the Services Products available during a SHIVAY SERVICES Online/Offline Services. The Company therefore disclaims all warranties, including without limitation any implied warranties of title, non-infringement, merchantability, price or fitness for a particular purpose, in relation to the products, the trans services conducted on SHIVAY SERVICES, and all related services (without delivery).
   3. By agreeing to these provisions you release and discharge the Company from any and all claims, liabilities, causes of action, damages, losses, demands or obligations of every kind and nature, in relation to any Services Product or SHIVAY SERVICES service provided to you.

Timeline for completion of work

1. Timelines mentioned for work completion are estimations and should not be construed as an agreed promise from RSE Shivay Services. Work completion is dependent on multiple externalities such as government department and third party vendors (e.g, CAs, CS, payment gateway). Shivay Services will have limited warranties in such cases. Shivay Services won't be at risk for any immediate, backhanded, coincidental or considerable damages or harms which may be brought about by you as a consequence of utilizing our Resources, or as an aftereffect of any progressions, information misfortune or defilement, cancellation, loss of access, or downtime to the full degree that appropriate restriction of obligation laws apply.

Intellectual Property Rights (who owns the Brains and how to treat it right)

1. The Company is the sole owner and licensee of all the rights to SHIVAY SERVICES and its content. This means that SHIVAY SERVICES owns everything (right, title or interest) that is directly or indirectly responsible for the creation of SHIVAY SERVICES.
2. More specifically, the Company owns all designs, marks, names, services, know-how or other information (as well as all improvements, derivations or modifications made to them), and owns all promotional material used by SHIVAY SERVICES, including the brand, label, design, layout, images, user-interface, domain-names and text. The Company also owns the copyrights to any algorithm, artwork and designs created or incorporated into SHIVAY SERVICES, whether or not it is expressly protected under any copyright, design, trademark or any other equivalent right, grant or law, or by any application in respect of them. All of this is collectively referred to as Intellectual Property (just like moveable or immovable property – this is called intellectual property because it is value created by the intellect)
3. Company’s ownership and title over such Intellectual Property is protected by all applicable laws including such as copyright, trademark, trade-names, internet domain names, data protection, Information Technology laws, privacy rights and other similar rights and statutes. All ownership and intellectual property rights in SHIVAY SERVICES and its contents (SHIVAY SERVICES IPR) shall remain with Company, its affiliates or licensors, as the case may be and does not pass on to you upon your usage of the SHIVAY SERVICES or its services.
4. As we have put in a lot of hard work to develop a one-of-its kind Intellectual Property you are responsible for treating our Intellectual Property with care. You may view and utilize content from SHIVAY SERVICES for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You must NOT reproduce, duplicate, copy or otherwise exploit material or content from SHIVAY SERVICES for any purpose whatsoever; or edit or otherwise modify any content or pages of SHIVAY SERVICES; or remove any copyright and other notices contained in any content displayed, downloaded, or copied from SHIVAY SERVICES; or store electronically any significant portion of any content.
5. You agree and confirm to only use SHIVAY SERVICES for the purpose of participating, experiencing and being a part of the SHIVAY SERVICES online/offline skill-based experiential services site owned and operated by SHIVAY SERVICES. You agree and confirm that any use other than as specified above is considered unauthorized use. You also agree to inform us of any unauthorized use of our Intellectual Property by any third-party and agree to cooperate with us for restricting and prohibiting such unauthorized use of our Intellectual Property.

Prohibited Activities (do not attempt any of these activities)

1. In addition to activities prohibited in clause 7.4, as a critical and material condition of your use of SHIVAY SERVICES, you agree and undertake that you will not at any time, directly or indirectly, do, or permit, allow, ask, authorise anyone else to do all or any of the following activities.
   1. Probe, scan or test the vulnerability of SHIVAY SERVICES or constituent services
   2. Restrict or inhibit or engage in any activity or use SHIVAY SERVICES in any manner that adversely affects other users from using and enjoying SHIVAY SERVICES or our constituent services in the way SHIVAY SERVICES intends
   3. Engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability
   4. Distribute in any manner or upload any harmful, obscene or otherwise illegal or objectionable material of any kind; post, send, submit, publish, or transmit proprietary material of any third party without their express consent
   5. Impersonate or misrepresent your affiliation with any person or entity
   6. Attempt or use of malpractice, manipulation or use of any technical tools, or use of API, or any automated service process, or by mirroring the SHIVAY SERVICES site or Online/Offline Services to place request or complete work.
   7. Furnish altered, deceptive or false identifying information, including “spoofing” or “phishing”
   8. Violate any law or undertake any activity on our SHIVAY SERVICES that could, upon the occurrence of a third party action or omission, violate any law; advertise any commercial endeavor or otherwise engage in any commercial activity
   9. Solicit funds, advertisers or sponsors; post, send, submit, publish or transmit programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications
   10. Violate or attempt to violate, the security of SHIVAY SERVICES
   11. Use SHIVAY SERVICES to infringe the intellectual property rights of others in any way
   12. Use SHIVAY SERVICES or make any attempt to penetrate, modify or manipulate SHIVAY SERVICES or any of our hardware or software in order to invade privacy, or obtain identity or personal information or documents concerning (including but not limited to IP addresses of) any of our SHIVAY SERVICES Account holders, visitors, or users, or modify, erase or damage any information contained on the computer of any user connected to SHIVAY SERVICES
   13. Reverse-engineer any portion of the SHIVAY SERVICES or software used or connected
   14. Co-brand SHIVAY SERVICES or hyperlink to SHIVAY SERVICES without express prior written permission of an authorized representative of our Company. (Co-branding here means to display a name, logo, trademark, or any other means of identification in a way that would give a viewer the impression that you have the right or the authority to display, publish, or distribute our site or our content). You also agree to cooperate with us to immediately stop any such unauthorized use, co-branding, framing or hyperlinking.

Use of Communications Facilities

1. When using any system on the Website You should do so in accordance with the following rules. Failure to comply with these rules may result in Your Account being suspended or closed.
   1. You must not use obscene or vulgar language;
   2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
   3. You must not submit Content that is intended to promote or incite violence;
   4. The means by which You identify yourself must not violate these Terms and Conditions or any applicable laws;
   5. You must not impersonate other people, particularly employees and representatives of the Company and/or its affiliates;
   6. You must not use the Company system for unauthorized mass-communication such as "spam" or "junk mail".
2. You acknowledge that the Company reserves the right to monitor any and all communications made to the Company or using the Company System.
3. You acknowledge that the Company may retain copies of any and all communications made to the Company or using the Company System.
4. You acknowledge that any information You send to the Company through the Company System may be modified by the Company in any way and You hereby waive Your moral right to be identified as the author of such information. Any restrictions You may wish to place upon the Company use of such information must be communicated to the Company in advance and the Company reserves the right to reject such terms and associated information.

In case we suspect any of the above, the Company reserves the rights to do any or all of the following:

1. The right to monitor use of SHIVAY SERVICES to determine compliance with these Terms and Conditions.
2. The right to issue a warning about the violation, or immediately suspend or terminate your SHIVAY SERVICES Account(s) without assigning any reasons.
3. The right to remove or refuse any information for any reason or suspend or terminate access to SHIVAY SERVICES for violation (including potential violation) of SHIVAY SERVICES policies or applicable law.
4. The right to investigate and to involve and cooperate with law enforcement authorities, and to pursue any investigation pertaining to civil lawsuit(s) or criminal prosecution for any alleged or actual prohibited activities identified above or other illegal activities involving the SHIVAY SERVICES or any of its services.
5. The right to disqualify a user, even after acceptance of the service, or issue of the ACN or delivery of the Product, if the service was not placed as per all applicable SHIVAY SERVICES and Services terms and conditions (remember – this includes any service placed other than by a participant’s own personal skill and effort). In such cases, the user loses/forfeits the right to demand that the services are accepted and may also be debarred from future SHIVAY SERVICES Online/Offline Services.
6. The right to all recourse and remedies available in law to recover all damages and costs at the sole cost of those in breach of these provisions.

Online/Offline Services (rules of engagement)

1. You have to meet all the conditions stated in clause 2.2 of this Agreement to be eligible to buy an Online/Offline Services ticket and as per the SHIVAY SERVICES Rules for each type of SHIVAY SERVICES.
2. Please note that SHIVAY SERVICES are dynamic and therefore SHIVAY SERVICES will introduce new services formats with their own unique Services or change to services formats from time to time. It is your sole responsibility and in your best interest to note the services type and ensure that you know the services rules for that specific services format before participating (that is why SHIVAY SERVICES Practice are available for free!).
3. Whilst every effort has been made to ensure that all general descriptions of Services available from the Company correspond to the actual Services that will be provided to You, the Company is not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on Your individual requirements and circumstances. This does not exclude the Company's liability for mistakes due to negligence on the Company's part and refers only to variations of the correct Services, not different Services altogether.
4. Where appropriate, You may be required to select the required package of Services.

Responsible Use and Conduct

1. By going by our site and getting to the data, assets, administrations, items, and apparatuses we accommodate you, either straightforwardly or by implication (in the future alluded to as 'Assets'), you consent to utilize these Resources just for the reasons planned as allowed by (a) the terms of this User Agreement, and (b) appropriate laws, regulations and for the most part acknowledged online practices or rules.
2. You should understand the following:
   1. To go through our resources and services, sometimes you need to provide the information which has been asked (like identification, email, phone number, contact details, etc.). This information is required for any registration process or as part of your ability to use the Resources. The client is asked to provide the right and accurate information.
   2. You are in charge of keeping up the confidentiality of any login data connected with any account you use to get to our Resources. In like manner, you are in charge of all activities that happen under your account/s.
   3. If you use any of the services which are provided by Shivay Services through any means other than the means we provide, it is strictly prohibited. You particularly agree not to get to (or attempt to get to) any of our Resources through any automated, exploitative means.
   4. Participating in any activity that disrupts or interferes with our Resources, including the servers and/or systems, to which our Resources are found or joined, is entirely prohibited.
   5. Endeavoring to duplicate, copy, imitate, offer, exchange, or trade our assets is entirely precluded.
   6. You are singularly responsible for any outcomes, losses, or damages that we might directly or indirectly incur or suffer because of any unauthorized activities led by you, as explained above, and may incur criminal or civil liability.
   7. We may provide various open technical tools on our site, such as online journal comments, blog entries, open chat, discussions, message boards, newsgroups, product ratings and reviews, and other online services. You understand that generally we do not pre-screen or monitor the content posted by users of these various technical tools, which means that if you use these tools to submit any kind of content to our site, it is your ethical responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open technical tools as stated, you agree that you will not upload, post, offer, or otherwise distribute any content that:
      1. Is illegal, threatening, defamatory, harmful, harassing, degrading, frightening, false, misleading, intrusive, racist, or contains any kind of suggestive, inappropriate, or explicit language;
      2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
      3. Contains any form of unauthorized or unsolicited advertising;
      4. Impersonates any person or entity, including any www.shivayservices.com employees or agents.
   8. We have the sole discretion to remove any content that, in our judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, frightening, incorrect, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we remove, you thereby agree to such removal and agree to waive any claim against us.
   9. We do not assume any responsibility for any content posted by you or any other third-party users of our site. However, any content posted by you using any open technical tools on our site, provided that it does not infringe or violate any third-party copyrights or trademarks, becomes the property of www.LegalDocs.co.in, and as such, grants us a perpetual, irreversible, worldwide, royalty-free, exclusive license to reproduce, alter, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers to content posted via open technical tools as described, and does not refer to information provided as part of the registration process, necessary in order to utilize our Resources. All information provided as part of our registration process is protected by our Privacy Policy.
   10. You agree to indemnify and hold harmless shivayservices.com, a digital property of Shivay Services and its parent company and affiliates, and their executives, officers, directors, employees, contributors, agents, and licensors, from and against all losses, costs, damages, and expenses, including reasonable lawyers' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to assume control over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you must provide us with such cooperation as is reasonably requested by us.

Product Claims (To Claim a Product Won)

1. All services wins must be claimed by the user within the time and the manner specified in the Services Confirmation Note.
2. Payment instruction will be generated, and payments must be paid in full on the online payment gateway provided. For all products claimed, customers pay the GST (if applicable) in addition to the final Services price they won the Services Product.
3. No part payment against payment instruction will be accepted as a valid claim of the win.
4. All payments are to be cleared within the specified time limit and no extension of time will be granted under any circumstance.

Services Disqualification and Cancellation (Why & When a Service is Not Valid)

1. Services will be accepted and announced as the ‘last accepted services’, only if the Services was placed as per all applicable SHIVAY SERVICES Rules.
2. Any Services placed other than by an individual user’s personal skill and effort will lead to automatic disqualification. The Services will be cancelled, and responsible party or parties will be debarred from any future SHIVAY SERVICES. The user in such cases loses/forfeits any right to demand acceptance of the Services.
3. SHIVAY SERVICES reserves the right to reject or cancel any such disqualified Services even after acceptance of the Services, or issue of the Services Confirmation Note or delivery of the Services Product.
4. If SHIVAY SERVICES is notified of any attempt or use of malpractice, manipulation or use of any technical tools, or use of API, or any automated Services ding process or breach of SHIVAY SERVICES Intellectual Property Rights such as reverse engineering, to place Services or using means such as mirroring Online/Offline Services to place Services, SHIVAY SERVICES reserves all rights and remedies available in law to recover damages and costs to the fullest extent available under law at the sole cost of those in breach of these provisions.
5. The Services can be cancelled by You or the Company, view cancellation & refund policy in detail.
6. If the Company terminates Your Account, any payments on Your Account due shall be paid to you as per service terms and conditions and provision of Services shall be stopped.

Limitations of Liability (What You Cannot Sue for or Recover from Us)

1. You understand and expressly agree that the Company shall not be liable for any indirect, incidental, special, punitive, consequential, or exemplary damages arising out of or in any way related to this agreement or the use of any or all of SHIVAY SERVICES, including, without limitation, damages relating to use of SHIVAY SERVICES, SHIVAY SERVICES data, or other intangible losses (even if the Company has been advised of the possibility of such damages). Without prejudice to the foregoing, the aggregate liability of the Company for any reason and upon any cause of action (including, without limitation, negligence, strict liability, and other services in contract or tort) arising out of or in any way related to SHIVAY SERVICES, its services or products on services on the SHIVAY SERVICES Platform or this agreement shall be limited to the price of the ticket actually received by the Company from you in relation to the specific transaction giving rise to such liability, which net payment shall be computed after deducting all sums paid by the Company to third parties and after excluding any taxes paid or payable on the transaction.
2. The limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use SHIVAY SERVICES or any other part of the services, or any other matter arising from or relating to SHIVAY SERVICES.

Force Majeure (Events We Cannot Control)

1. You will not hold SHIVAY SERVICES or the Company responsible or liable for any delay or non-performance of any obligations under this Agreement that may occur due to any cause(s) beyond our reasonable control including but not limited to, Act of God, Government Act, War, Fire, Flood, Explosion, Civil commotion, Pandemic etc.

Assignment & Exclusion of Third-Party Rights (It’s Just You and Us!)

1. Services provided under the Agreement are personal to you. You are expressly prohibited from assigning, transferring, or conveying any part or the whole of the Agreement between you and us to any third party or entity, without prior permission and written consent from the Company.
2. These Terms and Conditions are for the benefit of the parties involved, i.e., you and the Company, and are not intended to benefit any third party or to be enforceable by any third party. The exercise of your rights, or those of the Company in relation to these Terms and Conditions is not subject to the consent of any third party.

Indemnity & Consequences for Breach (Making It Right)

1. You agree to indemnify and hold the Company harmless, and to defend the Company, its employees, directors, officers, agents, and their successors from and against any claim, demand, cause of action, debt, loss, or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the SHIVAY SERVICES or services therein; (ii) your violation of the Terms and Conditions governing your use of the SHIVAY SERVICES or services therein; (iii) the infringement by you, or any other person using your password and Account, of any right of any person or entity; or (iv) any other activities of yours accomplished by using the SHIVAY SERVICES or its Services.
2. Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the SHIVAY SERVICES and its services, or prohibiting you from accessing SHIVAY SERVICES or its services either temporarily or permanently, or by blocking computers using your IP address from accessing SHIVAY SERVICES or its services, or by contacting your internet service provider to request that they block your access to SHIVAY SERVICES or its services and/or by bringing legal action including court proceedings against you.
3. Notwithstanding any of these Terms and Conditions, the Company reserves the right, without notice, in its sole discretion, to terminate your Account and/or block your use of the SHIVAY SERVICES or services therein.
4. You acknowledge that we are not required to provide you notice before terminating or suspending your access to the SHIVAY SERVICES or its services but may choose to do so at our sole discretion. We reserve the right to deny, in our sole discretion, any user access to SHIVAY SERVICES or its services without notice and for any reason (including, without limitation, for violation of these Terms and Conditions).

Severability (Amputate & Carry On)

1. If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement (This Is It Folks!)

1. These Terms and Conditions, together with our Services Rules, Privacy Policy, and Disclaimer, constitute the entire agreement between you and us in relation to your use of SHIVAY SERVICES and its services.

Law and Jurisdiction (Always & Only Pune!)

1. These Terms and Conditions will be governed by and construed in accordance with the laws of India, and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra.
2. Further, the Company may terminate, change, suspend, or discontinue any aspect of these Terms and Conditions. These Terms and Conditions are an electronic record in terms of the Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy, disclaimer policy, and Terms and Conditions.

Grievance and Queries (Help!)

1. For grievances and queries on SHIVAY SERVICES, its services, or policies of the Company, you can reach us by email at: support@shivayservices.com
2. All communications to be served on the Company as contemplated by these Terms and Conditions shall be deemed to have been duly served if sent to the respective address specified below:
   SHIVAY SERVICES Address - Flat No. B-102, Shree Tukaram Nagari, Dhamalwadi, Phursungi, Pune- 412308, Maharashtra