Terms and Conditions

This website and / or application and /or Platform, and all services provided by Eightpopx Technologies Private Limited ("Awkash").Awkash offers the website, application, Platform and any services conditioned upon the User's acceptance of all terms conditions policies and notices stated here. By procuring a service from Awkash, or by use of the application, website or Platform, the User agrees to be bound by these terms and conditions ("Terms of Service" or "Terms"), as applicable, to the use of this website, application, platform and any services.

Please note that by use of this website, application, platform and any services provided by Awkash, the User also agrees to be bound by the additional terms and conditions and policies referenced herein and/or available here , other policies of Awkash. These Terms of Service apply to the uses of the Services provided by Awkash to Users.

Please read these Terms of Service carefully before accessing or using the website, platform and using any services provided by Awkash. By accessing or using any part of the website, application or platform or by the use of any services provided by Awkash, the User agrees to be bound by these Terms of Service. If the User does not agree to all the Terms of Service of this agreement, then the User may not access the website, application, or platform or the use any products, application or services provided by Awkash. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service.

Any new product or services provided by Awkash, or any new features or tools which are added to the website or platform shall, unless specifically stated otherwise, be subject to these Terms of Service. The User can review the most current version of the Terms of Service at any time on this page. Awkash reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Awkash's website or platform. It is the User's responsibility to check this page periodically for changes. Following the posting of any changes, the User's continued use of or access to the website or platform or the use of the product or services from Awkash, constitutes acceptance of such revised Terms of Service.

Definitions

Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows:

"Intellectual Property Rights" means: (a) patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, rights in knowhow and other Intellectual Property Rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world; (b) rights under licenses, consents, order or statutes or otherwise in relation to a right under paragraph (a); (c) rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist; (d) the right to sue for past infringements or any of the foregoing rights.

"Person" shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law;

"Platform" means the mobile / web application and web-based platform owned and operated by Awkash, including any updates thereof, to be used for the provision of the Services;

"Services" means the services provided by Awkash to the User in terms of these Terms of Service;

"User" means any user of the Website, Services or Platform.

Acceptance of the Terms of Service

The User agrees that the User shall be bound by these Terms of Service by using the Platform, by accessing the Platform, or by otherwise availing of the Services from Awkash. If the User does not accept these Terms of Service, the User should not and will not be permitted to avail the Services.

For the User's use of the Platform and the Services, Awkash grants the User a limited, non-exclusive, non-transferable right to install and / or use the Platform. However, the User shall not copy the Platform or any of its components, except for the purpose of making a backup copy for the User's personal use. Awkash also grants the User a non-exclusive, non-transferable license to access such content on the Platform which is owned by Awkash.

Conditions for use

By agreeing to these Terms of Service, a User represents that the User is at least the age of majority i.e. 18 years. The User represents and warrants that the User has the full power and authority to accept the Terms of Service and use the Services provided by Awkash, or otherwise use the Platform under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms. All Services by Awkash for providing any Services are governed by these Terms of Service.

Please note that the Platform will be also subject to the terms of service of the Google Play Store or Apple App Store, as applicable. If there is any conflict between Google Play Terms of Service or Apple App Store Terms of Service and these Terms of Service with respect to a User's use of the Platform, then, these Terms of Service shall prevail.

The User agrees that the User shall, as required or instructed by Awkash, update the Platform (if so required) and / or any device to operate the Platform, as may be instructed by Awkash.

Any use of the Platform shall be consistent with all applicable laws, including without limitation, the Information Technology Act, 2000, the Indian Penal Code, 1860 and all other applicable rules, regulations and guidelines.

Awkash shall use a third-party payment aggregators for processing payments. The processing of payments will be subject to the terms, conditions and privacy policies of the payment aggregator, in addition to these Terms of Service. Awkash does not control and is not liable for the security or performance of the payment aggregators. Awkash reserves the right to correct, or to instruct the payment aggregator to correct, any errors or mistakes, even if payment has already been requested or received.

Any usage of the Services by a User is for his own account and for private purposes. In no event shall the User act on behalf of anyone else or for business purposes when availing the Services.

Purchase and sale of Digital Gold & Silver

The Platform allows Users to purchase Gold & Silver reflected in electronic form (" Digital Gold & Silver ") from MMTC Limited ("MMTC"). By use of the Platform, Users can purchase Digital Gold & Silver on the Platform from MMTC. Any Digital Gold & Silver purchased by a User shall be reflected in the User's account on the Platform and shall be subject to the conditions specified by MMTC. Except as specified under these Terms of Service, the Digital Gold & Silver cannot be sold, bought, encumbered, traded or otherwise disposed of any manner whatsoever. The quantity of Digital Gold & Silver purchased, and any corresponding physical Gold & Silver, shall be held in accordance with the requirements and policies of MMTC.

Awkash provides the ability to purchase the Digital Gold & Silver from MMTC on an "as is" and "where is basis" and Awkash does not assume any liability or responsibility in relation to the Digital Gold & Silver, in case of any complaints or grievances in relation to the Digital Gold & Silver, MMTC shall be responsible for the same and Awkash does not assume any liability in relation to the same in any manner whatsoever.

In case the User proposes to sale or dispose of any Digital Gold & Silver held by the User, the Digital Gold & Silver shall be transferred to MMTC / an Affiliate of Awkash for liquidation. The User shall be entitled to receive any funds in relation to the sale of the Digital Gold & Silver after due completion of the sale and due verification of all records.

Where the User has utilized the Bailment Services in relation to the Digital Gold & Silver, the Leasing Partner shall provide the Gold & Silver to the End Users and shall credit the value of the Digital Gold & Silver return earned by the User, less taxes and commissions, as applicable, subject to the due completion of the sale and due verification of all records. Once a transaction has been instituted by a User, the transaction shall be non-cancellable, unless specifically permitted by Awkash. The Awkash reserves the right to cancel the order, at its sole discretion, if the information, provided prior to placing the order, is not found acceptable and Awkash is of the opinion that the User are not eligible to purchase the Digital Gold & Silver.

Any sale or disposal of the Digital Gold & Silver shall be subject to the verification that such Digital Gold & Silver has been duly maintained and with due records. In case of any fraudulent or suspicious transaction, Awkash may refuse to honour such transaction. The User agrees that any transactions will be effected basis commercial reasonable efforts and Awkash shall not be liable in any manner whatsoever in case the a transaction cannot be processed.

All purchase and sale of Digital Gold & Silver shall be effected though verified bank account, credit card and other payment instruments of the User, as permitted by Awkash, and in case of any discrepancy, violation of applicable laws or in case so instructed by the payment aggregator, Awkash may cancel or reverse any transaction. Any bank account will be subject to verification, as prescribed by Awkash.

The User agrees and accepts that the price for the purchase and sale of Digital Gold & Silver shall be as displayed on the Platform and any such pricing is non-negotiable. Awkash does not assume any responsibility to obtain or provide the highest possible price and shall not be liable for any loss caused to the User. Any amounts to be paid to the User in case of the sale of any Digital Gold & Silver shall be subject to recovery and realization of such amounts by Awkash. All amounts payable shall be subject to applicable taxes. Awkash does not warrant that the Gold & Silver prices displayed on the Platform will always be the same as that of the prevalent prices displayed in other commercial bullion markets.

Digital Gold & Silver which has been bailed under the Bailment Services, shall be provided to the End Users in accordance with this Terms of Service and the Leasing Terms.

In no event shall any Digital Gold & Silver held by the User can be converted or redeemed for physical Gold & Silver, except as permitted by Awkash in the Platform, such as conversion in jewellery, bars etc.

The User may agree to provide a mandate / autopay for the purchase of Digital Gold & Silver and the same shall be valid unless terminated in accordance with the conditions specified by Awkash. The User shall always maintain adequate balances in the payment instrument of the User for processing such transactions. In case any payment cannot be processed on account of inadequate balances or for any other reason, Awkash shall not be liable for the same in any manner whatsoever and the User shall indemnify Awkash and its agents, representatives and officers from any losses and claims arising therefrom.

In case the User opts for any systematic or planned purchase plan for Digital Gold & Silver, the User shall be agreeing to the same at the User's own risk and consequence. The User acknowledges that Awkash is not providing any investment advice or recommendations and Awkash is not liable in any manner whatsoever from any consequences arising therefrom.

The User may transfer the Digital Gold & Silver held by the User to other Users in the manner specified by Awkash. The User is required to check and verify the correctness of the details of the transferee and Awkash shall not be responsible for any errors or omissions of the User and in case of any erroneous transaction, is not obligated or liable to reverse or cancel the same. The User agrees and acknowledges that upon any transfer of Digital Gold & Silver, the User and any recipient shall be deemed to have availed the Bailment Service in respect of such Digital Gold & Silver.

Sale of physical Gold & Silver

Users may utilize the Platform to sell physical Gold & Silver. In case the User makes a request for the sale of physical Gold & Silver by the User, Awkash shall arrange for the pickup of the physical Gold & Silver from the User and provide the same to the Gold & Silver Testing, Melting & Purification Verification partners of Awkash ("Verifier Partners") for the verification of the Gold & Silver.

The User agrees and acknowledges that the pickup, transportation, and melting and assaying is provided by service providers, and Awkash does not assume any liability or responsibility in relation to the acts and omissions of such partners, including for any theft and pilferage. The User is required to exercise careful due diligence to ensure that the User has verified all relevant matters at the handover of the physical Gold & Silver. In no event whatsoever shall Awkash be liable for the acts of such partners.

The User shall be entitled to be provided the value of the physical Gold & Silver based on the report of the Verifier Partners and the buyer of such physical Gold & Silver, as identified by Awkash. The User agrees and accepts that the determination of value and fineness of the Gold & Silver by Verifier Partners, as provided by Awkash to the User, shall be final and binding. Where the User has provided any Gold & Silver jewellery, the User agrees and acknowledges that the Verifier Partners will be required to melt and test such Gold & Silver. The User agrees and accepts that such process is irreversible in nature and shall not hold Awkash or the Verifier Partners responsible in any manner whatsoever. Once the User has granted their consent for the sale of physical Gold & Silver, the User agrees and acknowledges that such consent shall be irrevocable for the melting, assessment, testing, and sale of such Gold & Silver. During the melting and verification process, the Verifier Partners assume no responsibility for any alloys or gemstones which may be in such jewellery.

The User agrees and accepts that the price for the purchase and sale of physical Gold & Silver shall be as displayed on the Platform and any such pricing is non-negotiable. Awkash does not assume any responsibility to obtain or provide the highest possible price and shall not be liable for any loss caused to the User. Awkash does not warrant that the Gold & Silver prices displayed on the Platform will always be the same as that of the prevalent prices displayed in other commercial bullion markets.

At the time of handover or sale of any physical Gold & Silver, the User confirms and declares that the User is competent to contract and is the lawful owner of the physical Gold & Silver. In case the User is not appropriately authorized or is otherwise not the lawful owner of the physical Gold & Silver, the User may not transact on the Platform and shall indemnify Awkash and its agents, representatives, and officers from any losses and claims arising therefrom.

The User may be required to provide adequate information and documents to Awkash to verify the User's legitimate ownership of such Gold & Silver, the User's identity, and the User's bank account details for payment of amounts. In case the User is unable to provide such documents and information to the satisfaction of Awkash, Awkash may refuse to accept such Gold & Silver.

Any amounts to be paid to the User in case of the sale of any Gold & Silver shall be subject to recovery and realization of such amounts by Awkash. All amounts payable shall be subject to applicable taxes.

To sell any physical Gold & Silver, the User will have to book an appointment through the Platform and will have to pay all relevant charges as specified on the Platform. These charges may be non-refundable as specified by Awkash. At the time of sale of any physical Gold & Silver on the Platform, the User will have to comply with the conditions specified on the Platform. In case of any sale of physical Gold & Silver, the User authorizes Awkash to conduct such sale of physical Gold & Silver through the Platform, as specified by the Platform.

At the time of sale of any physical Gold & Silver or handover of any physical Gold & Silver for sale, the physical Gold & Silver shall be shown as an electronic credit on the User's account on the Platform. Any use of such electronically credited Gold & Silver in any manner whatsoever shall be treated as Digital Gold & Silver and shall be subject to the provisions set out in these Terms.

Bailment Services

Digital Gold & Silver held by a User with Awkash may be bailed by the User in accordance with the terms set out at here (" Bailment Terms"). Any benefit from the bailment of such Digital Gold & Silver ("Bailment Services") will be reflected in the account of the User on the Platform as Digital Gold & Silver.

In connection with such Bailment Terms, the User agrees and accepts that Awkash acts as an administrator for such Bailment Terms and the bailment to the End Users. However, Awkash provides the ability to avail the Bailment Services on an "as is" and "where is" basis and Awkash does not assume any liability or responsibility in relation to the Bailment Services.

The User agrees that any transactions will be effected based on commercially reasonable efforts, and Awkash shall not be liable in any manner whatsoever in case a transaction cannot be processed.

Bailment of any Gold & Silver shall be subject to the Bailment Terms. Please refer to here for the applicable Bailment Terms.

The bailment of any physical Gold & Silver shall be subject to the terms of the Gold & Silver handover documents provided by Awkash and/or its partners.

Purchase of jewellery

The Platform displays jewellery from the E-Com partners of Awkash (" E-Com Partners") for purchase of jewellery. The Digital Gold & Silver held by a User may be utilized by a User for purchase of jewellery from the E-Com Partners. Any such Digital Gold & Silver may be only utilized towards the Gold & Silver component of the jewellery and any other amounts, including any shortfall or making charges. In case the Digital Gold & Silver is redeemed by the User for this purpose, the quantity of the Digital Gold & Silver shall be debited from the account of the User. The User may also make payment to the E-Com Partners for the purchase of any jewellery without any redemption of Digital Gold & Silver or with a partial redemption of any Digital Gold & Silver held by the User.

Awkash provides the Platform for the purchase of the jewellery on an "as is" and "where is" basis and Awkash does not assume any liability or responsibility in relation to the jewellery. In case of any complaints or grievances in relation to the jewellery, including quality or fitness, the E-Com Partners shall be responsible for the same, and Awkash does not assume any liability in relation to the same in any manner whatsoever.

The jewellery may be provided or delivered to the User through the logistics partners of Awkash, and Awkash does not assume any responsibility for their acts or omissions. The User must carefully check the jewellery (including preparing an unboxing video) at the time of receipt, and in case the User does not forthwith return the same, it shall be deemed that the User has accepted the same.

In case the User has not been provided with the jewellery by the E-Com Partners, as described by the E-Com Partner on the Platform, and the User is not responsible for any such damage, Awkash shall make a determination of the validity of the User's grievance, and Awkash's determination shall be final and binding on the User and the E-Com Partner. In case the jewellery is returned, the User shall return the same in the received condition with all intact tags and details. Awkash may refuse to accept such jewellery in case it is not provided as specified by Awkash. The User will be entitled to any refund of the Digital Gold & Silver and any amounts paid after verification of the return. Any amounts paid to the User shall be less any expenses and subject to applicable taxes.

Awkash is not responsible for examining or evaluating, and Awkash does not warrant or endorse the offerings of any E-Com Partners. Awkash does not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties.

Reserve and fixing

At the time of sale of any Gold & Silver (physical Gold & Silver or Digital Gold & Silver), the User may, in the manner prescribed by Awkash, fix the price for the purchase of any Gold & Silver on a future date utilizing the Platform. Any such future purchase shall be subject to the Terms and shall be subject to such charges and fees as specified by Awkash. In case Awkash discontinues the service for any reason, the User shall be entitled to a refund of all charges paid.

Bonus and promotional codes

Awkash may offer bonus Gold & Silver (in form of Digital Gold & Silver) or promotional codes for effecting transactions on the Platform ("Promotions"). Any such Promotions shall be subject to the terms specified by Awkash such as validity and may only be used in the manner specified by Awkash. Awkash reserves the right to discontinue any Promotions or dishonour any Promotions, without or without providing any reasons, and without any liability whatsoever. The User agrees and acknowledges that the User has no right or claim to any Promotions and Promotions are offered at the sole discretion of Awkash.

Availability of the services

The User may not use the Platform or Services for any illegal or unauthorised purpose nor may the User, in the use of the Platform, violate any laws in the User's jurisdictions (including but not limited to copyright laws).

A User will be required to setup an account with Awkash for the use of the Services. The User will be required to provide personal details, login information, a password and other information required by Awkash in connection with the setup of the account.

Restrictions on the use of the Platform

Awkash provides the Platform for use by the Users for availing the Services that are provided by Awkash. The User agrees that the User shall not use the Platform or the Services in any manner inconsistent with these Terms of Service or in breach of applicable laws.

The availability of the Platform or the Services is subject to the maintenance of an active computer / mobile phone, electricity, internet connection, and other utilities or infrastructure, as may be necessary. The User is solely responsible for all liability arising from the unavailability of the Platform, or the Services due to a deficient or defective computer / mobile handset or the internet service provider not being able to support the Platform or the lack of an electricity connection or any other utility or infrastructure which prevents the use of the Platform, or the availability of the Services.

The User shall be solely responsible for the confidentiality, safety, and security of the user account opened by the User. The User shall be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of the User's account. In case the password is lost or misplaced, the User shall promptly inform Awkash. In case the username and the password associated with the User's account is lost/stolen/misplaced/hacked/no longer in the User's control, the User shall promptly inform Awkash. Awkash will upon receipt of such information block the relevant account.

The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof available to third parties.

The User shall not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.

Without limiting the foregoing, the User agrees that the User shall not use the Platform, or the Services to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update, or share any information that:

• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• infringes any patent, trademark, copyright or other proprietary rights;
• contains viruses, corrupted files, or any other similar software or programs that are designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another Person's computer, its websites, any software or hardware, or telecommunications equipment;
• advertises or offers to sell any goods or services for any commercial purpose;
• is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
• falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or the source of software or other material;
• violates any law for the time being in force;
• belongs to another Person to which the User does not have any right to;
• interferes with or disrupts the Platform or other Awkash websites, servers, or networks;
• impersonates any other Person;
• harms minors in any way;
• forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate the User's presence on its websites;
• engages in any illegal activities;
• defames Awkash, its employees, officers, directors, agents, partners, and service providers, including without limitation, by posting any defamatory content on any social media;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.

The User shall not attempt to or engage in any activity that may:

• Reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Awkash to the User in writing or is required by the applicable law;
• Use any robot, spider, retrieval Platform, or other device to retrieve or index any portion of the Platform or content thereof;
• Collect information about other Users for any illegal or unlawful purpose;
• Create any User accounts by automated means or under false or fraudulent pretenses for using the Platform;
• Transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
• Use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other third party Person's use and enjoyment of the Platform;
• Carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or Services or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any other User of the Platform;

The User shall not use the Platform or the Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of Awkash or violate the Terms of Service.

Awkash's rights

Awkash reserves the right to suspend/discontinue its products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following:

• For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Service.
• For any suspected discrepancy in the particular(s), documentation or information provided by the User;
• To combat potential fraud, sabotage, willful destruction, threat to national security, for any other force majeure reasons etc.;
• If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
• If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
• If the User does not have control over the User's login details and password or the User's account is compromised in any other manner;
• If the User indulges in any abusive or aggressive or threatening behaviour or any act or any intimidation or harassment of any kind (be it verbal or physical or written);
• If Awkash believes, in its reasonable opinion, that cessation/suspension is necessary.

Users are requested to note that any refunds, cancellations or other modifications in connection with any payments made by Users for the Services is subject to the sole discretion of Awkash.

Accuracy of information

Awkash is not responsible if information made available on the Platform (including any information in relation to the Services) is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform (including any information in relation to the Services or any third Persons) is at the User's own risk.

Awkash undertakes no obligation to update, amend or clarify information in the Platform or on any related website, or in relation to the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Platform or on any related website, should be taken to indicate that all information in the Platform or on any related website has been modified or updated.

Warranties

No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with Awkash's products/services or any data/content, including without limitation, the Services or the Platform or in relation to the third parties while availing the Services. While Awkash may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its products/services, Awkash does not warrant that products/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. Awkash provide the products/services an "as is", "where is", "with all faults" basis.

The User acknowledges that the User has made independent assessment of Awkash's an any third-party's products/services, including without limitation, the Platform. It is the User's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Platform or on the Internet generally.

ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE PLATFORM.

Exclusions of liability

Notwithstanding anything to the contrary Awkash, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other Person for:

• Any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use Awkash's products/services and data/content or reliance on those, including without limitation, in case of the Services, the Platform, howsoever caused and regardless of the form of action (including tort or strict liability);
• Any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or
• Any loss or damage arising as a result of a disclosure/sharing or hacking of the User's login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access Awkash's products and services, including without limitation, the Services, the Platform.

Personal information

The User's submission of personal information through the Platform is governed by Awkash's Privacy Policy.

Intellectual property

All Intellectual Property Rights in the Platform or the Services belong to Awkash or the applicable third-party owner of such rights. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. Awkash retains ownership of all right, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by the Awkash.

No part or parts of the Platform may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without Awkash's prior written permission. The User may view, print or use Awkash's content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.

The User shall not claim any rights or interest in the Intellectual Property Rights of Awkash, or in connection with any other services, features or product offered by Awkash to the User, including without limitation, the Platform or the Services. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of Awkash (including without limitation any Intellectual Property Rights licensed to Awkash by any other Person) (collectively, "IP Property"), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling and reverse engineering include, without limitation:

• Converting the IP Property from a machine-readable form into a human-readable form;
• Disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof;
• Examining the machine-readable object code that controls the IP Property's operation and creating the original source code or any approximation thereof by, for example, studying the IP Property's behaviour in response to a variety of inputs;
• Performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or
• Making any alteration or change to the IP Property without the express prior written consent of Awkash.

Indemnification

Without prejudice to anything contained in the Terms of Service, the User agree to indemnify, defend and hold harmless Awkash and Awkash's subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees ("Indemnified Partie"), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User's breach of these Terms of Service or the documents they incorporate by reference, or the User's violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver

If Awkash does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by Awkash, unless specifically agreed by Awkash in writing.

Third party links and advertisements

The Platform may contain links to third party websites/applications and third-party advertisements, that are not maintained or controlled by Awkash. Third party links and advertisements are provided for the convenience of Users only and does not imply endorsement or any representation or warranty by Awkash to content, goods or services that may be offered by these third parties. When a User clicks on any of these third-party links, the User is leaving the Platform and will be subject to the terms of use and privacy and security policies of the third-party site. The User's access to such third-party website /applications entirely at the User's own risk.

The Platform or Awkash shall not be liable for any advertising representations made by the third Person and/or the quality and authenticity of the products or services advertised. The Platform or Awkash does not endorse the goods and services featured in any third party advertisements or the services provided by the partners of Awkash.

The contents of any advertisement are meant only for commercial and promotional purposes and Awkash shall not be responsible for any harm, damage or loss caused by reliance on such representations.

Force Majeure

For purposes of these Terms of Service, "Force Majeure Event" means any event or circumstance, regardless of whether it was foreseeable (including without limitation an act of war, hostility, pandemic, epidemic or sabotage, fire, flood, hacking; act of God; electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms of Service (other than an obligation to pay money) or provision of the Services.

If a Force Majeure Event occurs, the party that is prevented from performing (the "Nonperforming Party") will be excused from performing those obligations rendered un-performable by the Force Majeure Event. Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of the Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter, the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance pursuant to these Terms of Service.

Assignment

The User shall not assign or transfer the rights and obligations if the User under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without Awkash's prior written consent. Awkash may assign or transfer the rights and obligations contained in this Terms of Service to any Person.

Governing law and jurisdiction

These Terms of Service will be governed by the laws of the India without any application of conflict of laws principles.

In case of any differences, disputes or disagreements between the User and Awkash ("Dispute"), the User and Awkash shall attempt to amicable resolve such dispute within 30 days from the date on which such Dispute arose.

In case the User and Awkash are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute shall be subject to the exclusive jurisdiction of the courts of Lucknow, India.

Contact Information

Questions about these Terms of Service should be sent to Awkash at [email protected]. Awkash may give telephonic notice to the User by calls to appropriate numbers, by messaging to the telephone number, or by an email to the email address of the User available on record with Awkash. The User accepts that notices by Awkash by any of the above means shall constitute valid notice.