Terms of Service | Climafour

Terms of Service TERMS OF SERVICE CLIMAFOUR LABS PRIVATE LIMITED I. DEFINITIONS 1. “Applicable Law(s)” means all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, policies, directions, directives and orders as such are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter or other governmental restrictions or any similar form of decision of, or determination by any government, statutory authority, tribunal, board or court having jurisdiction over the matter in question in India; 2. “Products” shall include electrolyzers and any other hardware or software produced by Climafour for Green Hydrogen. II. GENERAL 1. This document is an electronic record in terms of the Information Technology Act, 2000 ("Act") and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. 2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of the website www.climafour.com. 3. Climafour Labs Private Limited ("CLIMAFOUR" or "Climafour") is a private limited company having its registered office at **77, 21-South, Niwaru Road, Jhotwara, Jaipur 302012** (hereinafter referred to as "We", "Us", "CLIMAFOUR" or "Our" which expression shall mean and include its affiliates, successors and permitted assigns). 4. Your ("You" or "Your" or "User") use of the Platform (defined below) is subject to the notices, terms and conditions set forth in these Terms of Service. The domain name www.climafour.com ("Platform") is owned by CLIMAFOUR. Your use of the Platform is governed by the following terms and conditions ("Terms of Service") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. 5. The Platform is owned and operated by Climafour Private Limited, a company incorporated under Companies Act, 2013 which provides information and knowledge on Climafour on its Platform. 6. By mere use of the Platform, You agree to be subject to the applicable rules, guidelines, policies, terms, and conditions and the same shall be deemed to be incorporated into these Terms of Service and be considered as part and parcel hereof. 7. ACCESSING, Browse OR OTHERWISE USING THE PLATFORM INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THE PLATFORM. III. PRODUCTS The Products shall be governed by such separate terms and conditions and specific agreements as entered into between the relevant parties. CLIMAFOUR has the right to include more products under the ambit of these Terms of Service from time to time. IV. PLATFORM You can access the Platform without registering for an account. V. DISSEMINATION OF INFORMATION AND KNOWLEDGE You confirm and acknowledge that Climafour is authorized to send relevant information and knowledge to its Users through emails, phone calls, short message service or other electronic and non-electronic modes of communication, and no such communication shall be deemed to be unsolicited commercial communication or in violation of any Applicable Laws. VI. PROHIBITED USE The Platform may be used only for lawful purposes. CLIMAFOUR specifically prohibits any use of the Platform for, and You agree not to use the Platform for, any unlawful and / or fraudulent purposes. VII. SECURITY You are prohibited from violating or attempting to violate the security of the Platform, including without limitation attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. VIII. MISCELLANEOUS Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of India. Assignment. You cannot assign or otherwise transfer Your rights or obligations under these Terms of Service to any affiliate and / or third party without the prior consent of CLIMAFOUR. Severability. If any provision herein is held to be illegal, invalid, or unenforceable under any present or future Applicable Law, such clause shall be fully severable and the remaining provisions shall remain in full force and effect. Notices. All notices and other communications required or permitted hereunder shall be in writing, in English, and will be sent by e-mail or nationally recognized courier to the addresses below or such other address as furnished in writing. For CLIMAFOUR: **climafour@gmail.com** For User: Such company email address provided by the User on the Platform. Changes to Terms of Service. CLIMAFOUR reserves the right to update (change, modify, add and/or delete) these Terms of Service from time to time, at its sole discretion. When we update these Terms of Service, we will notify you on your registered email ID and/or on the Platform. Continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. Indemnity. The User agrees to indemnify and hold harmless CLIMAFOUR, its affiliates, third parties associated with CLIMAFOUR and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses arising out of: (a) the User’s breach or non-performance of these Terms of Service; (b) the User’s violation of any Applicable Laws; or (c) infringement of the rights of a third party. IX. REPRESENTATIONS AND WARRANTIES You hereby represent and warrant that: (1) You have the right, authority, and capacity to enter into these Terms of Service; (2) You are above the age of 18 years; and (3) all information provided by You is true, correct and complete. X. INTELLECTUAL PROPERTY This Platform is operated by and is the sole property of CLIMAFOUR. Any and all material on this Platform is protected by copyrights, trademarks, and other intellectual property rights that are owned by us or by other parties that have licensed such material to us. XI. SYSTEM LIMITATIONS AND FAILURES We use internally developed systems to provide You access to the Platform. These systems may encounter technical or other limitations, and We shall not be liable to You for any such failures. XII. PRIVACY AND CONFIDENTIALITY Your use of the Platform is governed by our Privacy Policy available at /privacy. XIII. LINKS TO THIRD-PARTY PLATFORMS AND TOOLS The Platform may contain links to other websites for your convenience. We are not responsible for the content or accuracy of these external sites. XIV. FOREIGN JURISDICTION Climafour makes no representation that the content contained on the Platform is appropriate or to be used or accessed outside of India. You are responsible for compliance with any local laws. XV. NO OFFERS OR RELIANCE The Platform has been prepared solely for information purposes. The information available on the Platform is for convenience of presentation only. XVI. DISPUTE RESOLUTION All disputes arising out of these Terms of Service shall be subject to the sole and exclusive jurisdiction of the courts of Jaipur, India.