TERMS OF SERVICE

ACCEPTANCE OF TERMS & CONDITIONS

Welcome to www.provenience.in (“Website”) an online portal owned and operated by Provenience Global Private Limited hereinafter referred to as “Company” or “We” or “Us” or “Provenience” .“User,” “You” or (wherever the context so requires) shall mean any natural or juridical person, who uses this website, including but not limited to any person who has provided data and shall include an individual who registers himself on the website as an account holder and also any individual who visits the Website.

“Account” refers to an account created by the user on the website for the purpose of availing Company’s Services.
This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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 Use for access or usage of the Platform. This Website is for information purposes only and is not intended to or designed to substitute professional advice. The Company will not be responsible for any liability arising out of any of your actions based on the contents of this Website.

If in case you do not accept the Terms stated herein (including our Privacy, Refund and Referral policy) hereinafter referred to as “Terms”, do not use the Website and its services. By using or visiting the Website, you agree/are deemed to have accepted, the terms and conditions and all other Policies present on the Website and are bound by the terms and conditions of use of this Website, which includes the Terms.

The Company reserves the right to change, alter, edit, update and completely modify the terms from time to time without notice and you acknowledge and agree to review the Terms periodically in order to familiarize yourself with any modifications. Your continued use of this website after any such modifications will constitute acknowledgment and absolute agreement to the modified terms. If you have any queries about the Terms, please email us at webcompliance@startupseven.in

In case of breach of these terms We may at our sole discretion, terminate or restrict your ability to access the Website and our Services and may remove all content shared by you on the Website through any medium or form, without prejudice to any of our rights to take any other action against you.

SERVICES
We are service providers and through our Platform, We enable the User(s) to receive services under agreement with us on a real time basis. These Services are made available to You for Your use.

TERMS OF USE AND CONDUCT

1. Only the persons eligible to enter into a legally binding contract under the Indian Contract Act, 1872 are eligible to use this Website. Any individual creating their Account on our Website or accessing our Website is automatically considered to be an “eligible person” under the applicable statute and entering and use of the Website by any individual not so eligible shall be considered in violation of the Terms of the Company as it does not accept Users not eligible to enter into a binding legal agreement.
2. We reserve the right to refuse the access to the Website or delivery of any Service, at our sole discretion without assigning any reason whatsoever at any point of time before, during and after initiation or completion of Service, in case you are ineligible. In case you’re registering as an individual, you represent to us that you have shared with us all true, authorised and valid information and have not misrepresented yourself or the information in any manner whatsoever In case you are registering as a business entity, you represent to us that you have the proper authority to bind the concerned entity to these Terms and providing all information on an “As-is” basis and all details so provided are true, valid and authentic. By visiting the Website, You represent and warrant that You are eligible to use the Website and that you have the proper authority, right, and capacity to use the Website and agree to, and abide by these Terms.
3. Accessing or attempting to access our Website by any means other than through the means we provide, is strictly prohibited. Engaging in any activity that disrupts or interferes with the Website, including the servers or networks, is strictly prohibited. Also attempting to copy, duplicate, reproduce, sell, trade or resell any of our Website resources (including the text, videos, images of the website pages, blogs, etc.,) is strictly prohibited. Any loss or damages arising out of any unauthorized activities occurring on the Website will be the sole responsibility of the user and may incur criminal or civil liability.
4. You agree that any information provided by you will be accurate, correct and up to date. You are responsible for maintaining the confidentiality of any login information associated with your Account. Accordingly, you are responsible for all activities that occur under and through your account. Provenience will not be held responsible if any person, other than the person who registers for an Account uses the credentials of the registered person/business entity for any statutory filings without proper knowledge/consent of the person concerned. Provenience will not be responsible for any violations, breach of security, hacking attempts, unethical activities that are conducted or undertaken by any individual or any representative of the Company through their Account on the Website.
5. Provenience holds the right to change the Prices, terms and conditions for the services as quoted or mentioned on the Website without notice and can modify or discontinue the service at any time (or any part or content thereof) without notice at any point of time for which we shall not be liable to the user or to any third-party.
6. Although Provenience employees make their best efforts to ensure and keep the content of the website accurate and updated, r it is not a substitute for professional advice and is provided only as general information which can be used at your own risk. Provenience cannot be held responsible for any decision taken on that basis. Provenience is not responsible for accuracy, completeness, or updating the contents of the Website. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

INTELLECTUAL PROPERTY RIGHTS

All content and materials available on www.provenience.in or any other domains held by the company, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Provenience and is protected by copyright and trademark regulations. Any inappropriate use, including but not limited to the reproduction, distribution, transmission or display of any content of this website is strictly prohibited unless specifically authorized by Provenience. You should not imply or state that you are affiliated with, associated to or endorsed by Provenience, without our express consent (e.g., representing yourself as an accredited Provenience agent) or Rent, lease, loan, trade, sell/resell or otherwise monetize the Services or related data or access to the same, without Provenience consent. The Company owns all data, content and information on its Website and no part of the same shall be used by any other entity. The Company has no affiliates, branches or associations whatsoever.

PAYMENT GATEWAY USAGE

In case a user decides to avail the services of Proveniencen through any of its subscriptions service offered through any payment gateway, for remitting payments to us, and where the user has consented to set up a standing instruction to charge their chosen payment method (such as debit card, credit card or bank account) as per the billing cycle, then by subscribing to our subscription services you provide your consent that the relevant amount shall be charged through such payment method on a periodical basis. You agree that Provenience shall continue to charge the relevant amount through your chosen payment method as per such billing cycle until you place a request to terminate the recurring payment Instruction through the process established. Please refer our refund policy for further details https://provenience.in/refund-policy/

The company currently uses razorpay for its payments processing but plans to add more payment gateway options for its customers. It is highly recommended to go through the terms and privacy policy of the concerned payment gateway before using any payment gateway for payment processing, The company would not be responsible and will not be liable for any losses relating to the usage of the payment gateway whatsoever. The Company is using these platforms or gateways for the purpose of receiving payments only and retains all requisite details for such transactions only.

THIRD-PARTY LINKS

The material, content, and services as available on the website may include materials from third-parties or links which may direct you to third-party websites that are not affiliated with us. Provenience cannot be held responsible or liable for the accuracy or correctness of the content. Any harm or damages suffered due to the use of services, resources, content, or any other transactions made in connection with any third-party websites will be done at your own risk. Any Complaints, claims, or questions regarding third-party products should be redirected to the third-party only. We will only be questionable for our services.

The Platform may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.

USER FEEDBACK

While rating/ submitting/ posting comments/ suggestions/ opinions/ feedback etc. (“User Feedback”), the User agrees and acknowledges that

• The User Feedback does not contain any confidential information or is not in violation of any third
  party right including intellectual property rights;
• The User Feedback or any User based content shall not be unlawful, obscene, defamatory, libelous,
  threatening, pornographic, harassing, hateful, racially or ethnically offensive, or otherwise
  inappropriate;
• We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
• We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem
  fit;By posting/ submitting User Feedback, the same shall become our intellectual property right
  without any obligations including but not limited to any compensation or consideration, express or
  implied to You.

EXCLUSION OF WARRANTIES

1. 1. Provenience assumes no responsibility, and shall not be liable for, any damages through viruses that may infect your equipment/device as a result of access to, use of, or browsing the website or the downloading of any material, data, text, images, video content, or audio content from the website, the User is advised to use an antivirus system to prevent such instances. Provenience assumes no liability whatsoever for any monetary or other damage suffered by the user on account of delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the website; or any interruption or errors in the operation of the website.
   2. We hereby expressly disclaim to the fullest extent possible under law, all warranties and representations or conditions whether express or implied (including without limitation, warranties or conditions in relation to accuracy, reliability, completeness of any content, information, software, text, graphics, links or communications provided on or through the website) or that the operation of the website will be error-free and/or uninterrupted or as per your expectations. That every User Uses the website at their own risk. We shall not be held liable to any person, authority for any loss or damage, which may arise from the use of any of the information, text, videos contained in the website.
   3. You hereby release us (and our agents and employees) from claims, demands and damages (actual, consequential, direct or indirect) of any nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
   4. We reserve the right to modify or remove any content from the website, which is reasonable in our discretion, does not comply with the above Terms, or if any content is posted that we believe is not in our best interest. The services are provided “as is” and “as available” and you agree that your use of the services is at your sole risk.
   5. Provenience and its licensors do not represent or warrant to you that:
      • The service stated on the website will meet your requirements;
      • The services will be uninterrupted, timely, secure, or error-free,
      • The information received by you will be accurate or reliable, and that defects in the operation or
        functionality of any software/software tool provided to you as part of the services will be
        corrected.
   6. Any downloading of material or material otherwise obtained through the use of the services is done at your own risk, and that we shall not be responsible for any damage to computer systems or other device or loss of data that results from the download of any such material.
   7. No advice or information obtained from Provenience, whether oral or written or through or from the services, shall create any guarantee or warranty which is not expressly stated in the terms.
   8. Provenience further expressly disclaims all warranties and conditions, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

LIMITATION OF LIABILITY

Subject to the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid for the specific service (in case of a subscription service, the amount paid in that particular month for that specific service), and no further, for the use of products or services subject to our Refund Policy. Provenience will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our website, or as a result of any changes, cancellation, data loss or corruption, loss of access, or downtime to the full extent that applicable limitation of liability laws apply as a result of:

1. 1. 1. Any changes which Provenience may make to its services, or for any permanent or temporary cessation
         of the services (or any features within the services);
      2. The deletion or corruption of any data shared, or failure to store any content, and other
         communications data maintained or transmitted by or through your use of the services;
      3. Any relationship or transaction between you and any advertiser or sponsor whose advertising appears
         on the services;
      4. Your failure to provide Provenience with accurate account information;
      5. Your failure to keep your password or account details secure and confidential.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Provenience from any claim or demand, made by any third party, or arising out of your breach of these Terms or your violation of any law or the rights of any third-party.

You agree to indemnify and hold harmless the company and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of the terms or failure to fulfill any obligations relating to your account incurred by you or any other person using your account or any third party. We reserve the right to take over an exclusive defense of any claim for which we are entitled to indemnification as per the terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.

SEVERABILITY

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

TERMINATION OF SERVICES.

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website or resources, at any point of time, with or without notice and for any reason whatsoever, including, without limitation, breach of these terms. Any suspected fraudulent, abusive, or illegal activity may form a ground for terminating your account with us. Upon suspension or termination of the services, your right to use the website will cease immediately. Additionally, we reserve the right to remove or delete any information that you may have on record with us, including any account or login information either with or without notice, without prejudice to our other applicable legal remedies.

GOVERNING LAW

This website is controlled by Provenience Global Private Limited from our offices located in the city of Noida, Uttar Pradesh, India. Furthermore, any action to enforce the terms shall be brought in the courts located in the city of Noida, Uttar Pradesh, India. You hereby agree to the personal jurisdiction of such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

FORCE MAJEURE

Provenience cannot be considered in default of its service obligations due to causes beyond its control and may lead to delay in providing services or response. The force Majeure includes war, riots, fire, flood, hurricane, typhoon, earthquake, explosion, lightning, strikes, slowdowns, lockouts, prolonged shortage of energy supplies, or acts of central or state governmental action prohibiting or impeding any party from performing its respective obligations under the contract.

CONTACT INFORMATION

If you have any questions or comments about these Terms as outlined above, you can contact us at webcompliance@startupseven .in