This Website i.e. www.beyondthoughts.co (the “Site”) is owned by Hanzas Private Limited, more commonly known as “Beyond Thoughts” (hereinafter referred to as “Company”, “Us”, “We”). Please read these terms and conditions carefully. By using this Site, anyone accessing this Site (“You”), agree to be bound by the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Site. Unless otherwise agreed in writing, these Terms and Conditions supersede any other agreement you may have with the Company. The Company may, in its sole discretion, revise these Terms and Conditions at any time. You may hence review these Terms and Conditions regularly.
This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under Indian law. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, discharged insolvents etc. are not eligible to register on this Site. As a minor, if you wish to use or transact on the Site, such use or transaction may be made only in the presence of and through your legal guardian or parents. We reserve our right to terminate the Services and / or refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.
If you are entering into this Agreement on behalf of a corporate entity or other organization, you represent and warrant that you have the legal authority to bind such corporate entity or organization to these terms and conditions contained herein, in which case the terms “You”, “Your”, “User” shall refer to such corporate entity or organisation.
In order to access some of the features of this Site, purchase products or use some of the Services, you will have to get registered. You represent and warrant to Company that all information you submit about you and your organization (if applicable) as prompted by the registration forms when you create your Account, is accurate, current and complete, and that you will keep your information up to date and complete. If the Company has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Company reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must maintain utmost confidentiality of your Account information, including without limitation your login, password, Payment Method(s) (as defined below). You must notify us immediately of any breach of security or unauthorized use of your Account. Company will not be liable for any loss you incur due to any unauthorized use of your Account.
Except for User Submissions (as defined below), all content available through the Products, Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Products or Services (collectively, “Company’s Content”), are the property of the Company or its licensors and no rights in the Company’s Content are deemed granted to you, unless expressly stated under this Agreement. No Company’s Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company’s Content. Any use of the Company’s Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Company’s Content granted herein. All rights of Company or its licensors that are not expressly granted in this Agreement are reserved to the Company and its licensors. You hereby acknowledge that the Company may use text, images, videos or other content in any of the Services provided to you, however, such content maybe procured from third party and shall be subject to the applicable third party’s terms and conditions.
User Submissions: You acknowledge and agree that User Submissions made by you on publicly viewable sections of the Site, are entirely voluntary and do not establish a confidential relationship or obligate the Company to treat such User Submissions as confidential or secret. Company has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions. Company shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
Additional data shared. You may be required to provide additional data to support Your requirement or for the Company to fulfil Your service request or place order for Products. In all such cases, such additional data may uploaded onto the Site in such format as instructed by the Company. You acknowledge and undertake not to upload any file or data that may contain any virus, trojan, worm, spyware, malware, firmware, ransomware or any other such hidden codes intended to disrupt the Site or to illegally gather data and information from the Company (collectively Malicious Codes). The Company reserves the right to refrain from accepting any such file that is marked as hazardous or potential security threat to the Company. The Company further reserves its right to initiate appropriate legal proceedings against You in case they perceive that You have intentionally attempted to upload any such Malicious Codes.
IF YOU ARE A CITIZEN OF EUROPEAN UNION OR A SUBJECT AS DEFINED UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR), YOU ARE REQUIRED TO INFORM US REGARDING THE SAME, IN CASE YOU FAIL TO NOTIFY US, YOUR USE OF THE SERVICES SHALL BE SUBJECT TO THESE TERMS.
You acknowledge and accept that despite the security measures the Company takes in connection with the Services, Company’s systems may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Company may take corrective actions as it deems appropriate in its sole discretion and you acknowledge and agree that Company shall have no liability to you for any damage or loss that you may incur due to such corrective action.
Your further acknowledge that We may, in our sole discretion, agree to provide necessary information or assistance as may be required by an applicable governmental authority or court, concerning cyber security or security of the state, investigation, detection, prosecution, or prevention of offences.
We will provide technical support via email for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems.
ADDITIONAL USER RESPONSIBILITIES
You will be solely responsible for all activities conducted on or through Your Account, including initiating any transactions or discussions with us. You shall solely be responsible for any illegal use of the Products or Services. Company shall at no time be responsible to ascertain the intent of purchase of Products or requesting for the Services.
You will use your best efforts to ensure that the content and other materials you intend to provide to us is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
You will not use the Services in any manner infringe the intellectual property rights or other proprietary rights of any third party or with the intention of violating the privacy rights or publicity rights of any third party.
You agree to pay such prices or fees as mentioned against various Products or Services selected by You from the Site. All prices or fees are non-refundable when paid except as otherwise provided in the payment terms related to the Product or Service. We may change our prices from time to time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained any Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described in the payment terms related to the Service.
Taxes: The fee is exclusive of any applicable goods and service taxes (GST) and any other tax imposed by any authority with respect to the Services.
Disputes and Refund Policy: You have seven (7) days to dispute any charge or payment processed by the Company. If you have a question concerning a charge you believe is incorrect, please contact us at email@example.com. Hosting accounts that have an open dispute may be disabled for security purposes
Failure to Pay: If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by the Company, including without limitation, any arbitration and legal fees and Company’s reasonable attorneys’ fees. Accounts or subscriptions will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost content that was provided by You, as a result of any suspension or termination of the Services.
TERMINATION OF ACCESS TO ACCOUNT
Company reserves the right to temporarily or permanently suspend access to your Account, with or without prior notice, if in their sole opinion they deem such action necessary to prevent illegal, unauthorized and fraudulent use of the Site.
Company may terminate your access to your Account and/or to the Services, in whole or in part, upon notice in the event that: (i) you fail to pay any fees due hereunder to the Company; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct results in any harm to the Company or others, cause Company or others to incur liability, or disrupt Company’s business operations (as determined by Company in its sole discretion), or affect Company’s reputation; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event. We will not refund you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by the Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. By using this Site or the Services found at this Site, you expressly release Company from any and all liability arising from your use of any third-party website. Accordingly, the Company encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we rely of our service providers for providing these Products and Services and have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. You further acknowledge that we may, under unavoidable circumstances, be forced to delay delivery of the Services within the due date by sending a forty-eight (48) hours prior notice. Such notice shall reasonably provide the revised date of delivery.
REPRESENTATIONS AND WARRANTIES
You acknowledge and agree that your purchase of the Products or use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that we exercise no control over, and accept no responsibility for, the content of the information passing through Company’s network hubs and points of presence or the Internet.
THIS SITE AND PRODUCTS AND SERVICES FOUND ON THIS SITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE BASIS” AND “WITH ALL FAULTS”. COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE PRODUCTS AND SERVICES PROVIDED HEREUNDER. THE COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR COMPANY’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. COMPANY DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING.THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
You acknowledge and accept that despite the security measures the Company takes in connection with the Services, Company’s system may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Company may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Company shall have no liability to you for any damage or loss that you may incur due to such corrective action.
COMPLIANCE WITH APPLICABLE LAWS
You agree to comply with all applicable laws, rules, and regulations applicable to You in regards to your websites, online activities, email and Your use of the Products and Services.
To the extent the Global Data Protection Regulation applies to You, You represent and warrant that in purchasing products or using our Services, You will clearly describe in writing how You plan to use any personal data collected by You and You will ensure that You are willingly transferring such personal data to us for processing and record in writing that you have the necessary permission to allow us to receive and process such personal data on your behalf.
LIMITATION OF LIABILITY
COMPANY SHALL NOT BE LIABLE FOR NON-PERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE COMPANY ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE PRODUCTS OR SERVICES, OR ANY CONTENT, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR PRODUCTS PURCHASED OR THE SERVICES PROCURED. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE USER, MORE THAN THREE (3) YEARS AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.
You agree to indemnify, defend and hold harmless the Company and its affiliates or its officers, directors, employees, agents and all third party service providers from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against the Company or its officers, directors, employees, agents and/or its third party service providers, arising out of or relating to (i) your purchase of Products or use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions (including without limitation fraud, negligence or wilful misconduct), except to the extent any of the foregoing directly results from Company’s own gross negligence or wilful misconduct. The terms of this section shall survive any termination of this Agreement.
GOVERNING LAW AND ARBITRATION
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of India and courts in Mumbai shall have exclusive jurisdiction for matters arising out of this Agreement.
OTHER GENERAL TERMS
Company and User are independent contractors and nothing contained in this Agreement shall place Company and Users in the relationship of principal and agent, partners or joint ventures.
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy.
You may not assign or transfer your obligations, rights and/or duties under this Agreement without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, pandemics, lockdown, acts of war or terrorism, interruptions of transportation or communications, supply shortages, internet outage, technology or network disruptions or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Nothing in this Agreement shall be deemed to confer any rights or benefits to any third party.
MODIFICATION OF AGREEMENT, SITE OR SERVICES
Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Products or Services. Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Company may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You.
If you have any questions about this Agreement, please contact by clicking here.