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1. Introduction
Please read these Terms of Use (the "Terms") carefully as they govern your access to the professional digital services provided by Newton Colaus (the "Company"), including our websites, software applications, and the procurement of any digital assets or technical services (collectively, the "Service").
By procuring our Services or otherwise accessing our platform, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Service.
The Service is provided by Newton Colaus, operating as a registered enterprise with global headquarters in India & regional hubs in multiple countries.
Eligibility Requirements:
In order to access the Service, you must (1) be 13 years of age or older; (2) have the legal capacity to enter a binding contract under applicable laws; and (3) reside in a jurisdiction where the Service is legally available. You warrant that all information submitted to the Company is accurate and complete.
2. Services Provided
The Company provides various Service tiers. Certain modules may be accessible free-of-charge, while Professional Services require payment before execution. We may also offer promotional trials or bundled offerings. We are not responsible for the performance of external environments where our Services may be applied.
We employ reasonable care to keep the Service operational. However, our offerings and their availability may change periodically without liability to you. The Service may experience temporary outages for maintenance, updates, or technical adjustments. The Company reserves the right to modify or discontinue specific functions, features, or Service plans to reflect changes in technology or regulatory requirements. You acknowledge that the efficacy of certain Services may depend on the stability of external digital environments over which the Company has no direct control.
3. Your Access to the Service
Access to certain Services requires the creation of a secure account. You are solely responsible for the confidentiality of your credentials and for all activity occurring under your account. You must notify the Company immediately of any unauthorized access.
Services are procured via pre-payment for a specific Service Period or per-transaction execution. Tax rates (including GST where applicable) are calculated based on the information provided and the statutory rates at the time of procurement. The Company may change Service fees for future periods. Continued use of the Service following a price adjustment constitutes acceptance of the new terms.
Unless otherwise specified for a fixed-term Service Period, you may terminate your engagement with the Company at any time. Upon cancellation, access to Professional Services will cease at the end of the current billing cycle. The Company does not provide credits for partial Service Periods except as expressly stated in our Refund Policy.
4. Intellectual Property Rights
The Service and all associated infrastructure are the exclusive property of Newton Colaus. All Company trademarks, logos, and domain names are the sole property of the Company (third-party exclusions). These Terms do not grant you any rights to use Company Brand Features (including third-party) for any commercial or non-commercial purpose.
Nature of Agency
The Company acts as an independent facilitator for services hosted and owned by third-party providers as well as produced, designed and owned entirely by Newton Colaus.
Third-Party Terms
By procuring our Services, you agree to comply with the end-user license agreements and terms of use of the respective third-party providers. The Company is not responsible for any enforcement actions taken by third-party platforms, including but not limited to account suspensions, service limitations, or policy changes.
External Modifications
Third-party providers may modify their infrastructure, regional availability, or service features at any time. You acknowledge that such changes are beyond the control of Newton Colaus and that the Company is not liable for service disruptions caused by these external entities.
Trademarks
All trademarks, service marks, logos, and brand names belonging to third-party platforms are the property of their respective owners.
If you provide suggestions or feedback regarding the Service, such information is non-confidential and may be utilized by the Company without restriction or compensation to you.
5. Problems and Disputes
The Service is provided "as is" and "as available," without express or implied warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties regarding merchantability, fitness for a particular purpose, or non-infringement.
Subject to applicable law, your sole remedy for dissatisfaction with the Service is to stop accessing the Company's platform. In no event will Newton Colaus, its officers, or affiliates be liable for: (1) indirect, special, incidental, or consequential damages; (2) loss of use, data, or profits; or (3) aggregate liability for all claims exceeding the greater of (a) the amount paid by you to the Company during the twelve months prior to the claim; or (b) $20.00.
Indemnification
You agree to indemnify and hold Newton Colaus harmless from any direct losses or legal expenses arising out of: (1) your breach of these Terms; (2) your violation of any law; or (3) your infringement of third-party rights.
6. Governing Law and Jurisdiction
Unless otherwise required by mandatory consumer protection laws in your jurisdiction, these Terms are governed by the laws of India. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in the relevant jurisdictional authority in India for GST-related matters.
7. About These Terms
We may modify these Terms from time to time. We will provide notice of material changes via email or through a prominent notice on our platform. Your continued use of the Service after such changes take effect constitutes your acceptance of the revised Terms.
Should any provision of these Terms be held invalid or unenforceable, the remaining provisions shall remain in full force and effect.