General

This Terms of Service Agreement is entered into by and between Thirty40 Worldwide Launchers Pvt. Ltd., registered address Flat N 5, 3rd Floor, Mehrauli Heritage View Residency, Plot no 895-E, Delhi- 110030, India and you, and is made effective as of the date of your use of this website www.thirty40.in or any related media channel (“Site”), or the date of your electronic acceptance.

This Agreement sets forth the general terms and conditions of your use of the www.thirty40.in as well as the products and/or services purchased or accessed through this Site (the “Services”).
Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement including our Privacy Policy.

The terms “Thirty40”, “we”, “us” or “our” shall refer to the Company. The terms “you”, “your”, “Buyer”, “User” or “Customer” shall refer to any individual or entity who accepts this Agreement, uses our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Thirty40, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. It is your responsibility to review these Terms and Conditions periodically for updates / changes. 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.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES USER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING.

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 SERVICES.

Eligibility

Usage of, and purchases at the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, un-discharged insolvents etc. are not eligible to use the Website. If any Users is a minor, i.e., under the age of 18 years, the User shall not transact on or use the website. As a minor if the Users wish to use or transact on the website, such use or transaction may be made by User’s legal guardian or parents on the Website. Thirty40 reserves the right to refuse to provide the Users with access to the Website if it is brought to Thirty40’s notice or if it is discovered that the Users are under the age of 18 years.

If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User”, “Buyer” or “Customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.

Use of the Website

The Users agree, undertake and confirm that User’s use of Website shall be strictly governed by the following binding principles:
The Users shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which The Users does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or envisaging money laundering or gambling, or
otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way or threatens to defame or harm the goodwill of Thirty40;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity,
paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another
accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
engages in commercial activities and/or sales without Thirty40’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website.
solicits gambling or engages in any gambling activity which We, in Thirty40’s sole discretion, believes is or could be construed as being illegal;
interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
refers to any website or URL that, in Thirty40’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
violates any law for the time being in force;
deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
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 investigation of any offence or is insulting any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
shall not create liability for Thirty40 or cause Thirty40 to lose (in whole or in part) the services of Thirty40’s internet service provider ("ISPs") or other suppliers;

The Users shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Thirty40 reserves the right to bar any such activity.

The Users shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
The Users shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. The Users may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by The Users, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Website.

The Users shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Thirty40 or the brand name or domain name used by Thirty40 including but not limited to the terms “Thirty40”, “Thirty40.in”, or otherwise engage in any conduct or action that might tarnish the image or reputation of Thirty40 on platform or otherwise tarnish or dilute any Thirty40's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. The Users agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Thirty40's systems or networks, or any systems or networks connected to Thirty40.

The Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

The Users may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal The Users send to Thirty40, on or through the Website or any service offered on or through the Website. The Users shall not pretend that the Users are, or that the Users represent, someone else, or impersonate any other individual or entity.

The Users may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Thirty40 and /or others.
The Users shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations regarding User’s use of Thirty40’s service.

The Users agree to grant Thirty40 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights The Users have in User’s Information, in any media now known or not currently known, with respect to User’s Information. Thirty40 will only use User’s information in accordance with the Terms and Conditions and Privacy Policy applicable to use of the Website.

The Users shall not engage in advertising to, or solicitation of other Users of the Website to buy any products, including, but not limited to, products or services related to that being displayed on the Website or related to us. The Users may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms and Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Thirty40’s prior explicit consent.

The Users understand that Thirty40 have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Thirty40 can (and The Users hereby expressly authorize Thirty40 to) disclose any information about The Users to law enforcement or other government officials, as we, in Thirty40’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Thirty40 reserves the right, but has no obligation, to monitor the materials posted on the Website. Thirty40 shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, THE USERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THE USERS POST ON THE WEBSITE. In no event shall Thirty40 assume or have any responsibility or liability for any Content posted by another User or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. The Users hereby represent and warrant that the content the Users publish on the Website shall not infringe any proprietary or other rights of Thirty40 or any third parties or contain any libellous, tortious, or otherwise unlawful information.
It is possible that other Users (including unauthorized Users or "hackers") may post or transmit offensive or obscene materials on the Website and that The Users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about The Users due to User’s use of the Website, and that the recipient may use such information to harass or injure The Users. Thirty40 does not approve of such unauthorized uses, but by using the Website The Users acknowledge and agree that Thirty40 is not responsible for the use of any personal information that The Users publicly disclose or share with others on the Website. Please carefully select the type of information that The Users publicly disclose or share with others on the Website.

Thirty40 shall have all the rights to take necessary action and claim damages that may occur due to User’s involvement/participation in any way on User’s own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

The Users shall not have the right to resell any of the products purchased from Thirty40.in unless such right is expressly granted to the User in writing by Thirty40.

Thirty40 reserves the right to restrict the sale of goods/services.

Intellectual Property

In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Companies Content”), are owned by or licensed to Thirty40 in perpetuity, and are subject to copyright, trademark, and/or patent protection.

This site is controlled and operated by Thirty40 and products are sold by Thirty40. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for User’s personal, non-commercial use. The Users must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and The Users must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which The Users receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Companies Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.

Contents Posted on Website

In relation to the products offered on the website, the text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is Thirty40 generated content.
Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied,
reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Thirty40's express prior written consent.

Thirty40 shall be entitled to, consistent with Thirty40’s Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content the Users provide. The Users agree that any Content the Users post may be used by us, consistent with Thirty40’s Privacy Policy and Rules of Conduct on Site as mentioned herein, and The Users are not entitled to any payment or other compensation for such use.

Your Use of User Content

Some of the features of this Site may allow Users to view, post, publish, share, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site, you represent and warrant to Company that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site (including without limitation those features that prevent or restrict use or copying of any Companies Content or User Content) or enforce limitations on the use of this Site, the Companies Content or the User Content therein.

Company’s Use of User Content

The provisions in this Section apply specifically to Company’s use of User Content posted to Site. You shall be solely responsible for any and all of your User Content or User Content that is submitted by you, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions, you acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate Company to treat your 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. With Respect to User Content, by posting or publishing User Content to this Site, you authorize Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.

You hereby grant Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement.

The above licenses granted by you in your User Content are perpetual and irrevocable.

You understand and agree, however, that Company may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted.

Company generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Company may remove any item of User Content if it violates this Agreement, at any time and without prior notice.

Links to Third-Party Websites

This Site may contain links to third-party websites that are not owned or controlled by Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Company does not censor or edit the content of any third-party websites. By using this Site you expressly release Company from any and all liability arising from your use of any third-party website. Accordingly, Company encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Communications

When the Users use the Website or send emails or other data, information or communication to us, The Users agree and understand that The Users are communicating with Thirty40 through electronic records and The Users consent to receive communications via electronic records from Thirty40 periodically and as and when required. Thirty40 may communicate with the Users by email or by such other mode of communication, electronic or otherwise.

Privacy

Thirty40 views protection of User’s privacy as a very important principle. Thirty40 understands clearly that The Users and User’s Personal Information is one of Thirty40’s most important assets. Thirty40 stores and process User’s Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.
If The Users object to User’s Information being transferred or used in this way, please do not use Website.

Thirty40 may share personal information with Thirty40’s other corporate entities and affiliates. These entities and affiliates may market to the Users as a result of such sharing unless the Users explicitly opt-out.

Thirty40 may disclose personal information to third parties. This disclosure may be required for us to provide the Users access to Thirty40’s Services, to comply with Thirty40’s legal obligations, to enforce Thirty40’s User Agreement, to facilitate Thirty40’s marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Thirty40’s Services. Thirty40 does not disclose User’s personal information to third parties for their marketing and advertising purposes without User’s consent.

Thirty40 may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Thirty40 may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce Thirty40’s Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of Thirty40’s Users or the general public.

Thirty40 and Thirty40’s affiliates will share / transfer some or all of User’s personal information with another business entity should Thirty40 (or Thirty40’s assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur, the other business entity (or the new combined entity), will be required to follow this Privacy Policy with respect to User’s personal information.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to The Users through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Thirty40 does not warrant that: a) This Website will be constantly available, or available at all; or b) The information on this Website is complete, true, accurate or non-misleading.

Thirty40 will not be liable to The Users in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Thirty40 does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to The Users through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Users shall have the option to use application based communication platforms to contact Thirty40 for any queries, grievances/complaints and feedback.

Limitation of Liability

IN NO EVENT SHALL THIRTY40 BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall company, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any damages that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (vii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (ix) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not company is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

Compliance with Laws

User shall comply with all the applicable laws applicable to them respectively for using Thirty40 Website.

Indemnity

The Users shall indemnify and hold harmless Thirty40, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers ,directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of User’s breach of this Terms and Conditions, Privacy Policy and other Policies, or User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi.

Jurisdictional Issues

Unless otherwise specified, the material on the Website/Store is presented solely for the purpose of sale in India. Thirty40 make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Thirty40 is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Product Description

Thirty40 does not warrant that Product description or other content of this Website/Stores are completely accurate, complete, current, or error-free and assumes no liability in this regard.

Disputes Resolution

When there is a dispute between the Users and Thirty40, both Parties shall make all attempts to mutually and amicable resolve such dispute. Failure to do so shall give the aggrieved Party the right to institute appropriate proceedings under the scope of law.

Contact Us

Please contact us for any questions or comments regarding this at the following address:

Address:

FN-5, 3 F, HVR, Ward 8,
Mehrauli, 110030,
New Delhi, India

Emaid:

[email protected]