TERMS OF SERVICE

Last Modified: June 24, 2023

The Terms of Use are categorized and catalogued into separate links for ease of reference. The Terms of Use are cumulative and form part of a single document and the same shall be applicable on all Users in its entirety for the use of Our Services, save for the clauses inconsistent with the federal/ state/ provincial or local laws applicable where the User is located.

The Terms of Use include:

1. General Clauses

2. About Our Services

3. User Account

4. Privacy Policy and User Data

5. Acceptable Use of Our Services

6. Third-Party Services

7. Licenses

8. Reporting Third-Party Trademark, Copyright and Other Intellectual Property Infringements

9. Disclaimers and Release

10. Limitation of Liability

11. Indemnification

12. Dispute Resolution

13. Availability and Termination of Our Services

14.Miscellaneous

CONTRACTUAL RELATIONSHIP

The Terms of Use (hereinafter referred to as the “Terms”) shall govern the access or use of the Totso application, website, Content, products and services (hereinafter referred to as the “Services”) made available by Fidum Technologies, any parent, subsidiaries, representatives, affiliates, officers, partners, licensors, licensees, or other connected parties thereof (hereinafter referred to as “Fidum”).

By using the Services, you signify your acceptance of the Terms of Use, and agree to be legally bound by the Terms of Services. 

Fidum reserves the sole and exclusive right to change the Terms of Use, Services and Right of Access to the Services, without any prior intimation to the User. 

If you do not agree to the Terms of Use, as applicable on such date, do not use the application, website, Content, products, or services and delete the Totso application from your devices. Fidum shall not be liable for use of Services by you in such case.

Please note that the use of words “includes”, “include”. Or “including” refers to “including, but not limited to”, unless otherwise specified.

DEFINITIONS

Terms of Use – The terms and conditions for use of the Services, including the applicable policies, including, Privacy Policy, Cookie Policy and other Policies implemented by Fidum from time-to-time in compliance with the laws in force;

Aspirant

Students pursuing   or having completed undergraduate courses in India who are seeking admission   for post-graduate courses in the United States of America;

Content

The Content shared through our Services includes text, links, GIFs,   emojis, photos, audio, videos, or documents. If we come up with another way   to share Content through our Services, it shall be deemed to be covered under   our Terms.

Fidum

Fidum   Technologies, any parent, subsidiaries, representatives, affiliates,   officers, partners, licensors, licensees, or other connected parties thereof,   and any reference in the first person, including “We”, “Us”, “Our”;

Mentor

Students in   post-graduate courses in the United States of America or working   professionals who have already completed post-graduation from the United   States of America;

Personal  Identifying Information

The personal   information of a person which can be used to identify them, including, name,   email id, mobile number, address, date of birth, government issued   identification numbers like Aadhar or Social Security;

Services

The services   provided by Fidum including any application, website, Content, products, newsletter,   or other services for the purpose of building a community-based platform for aspirants and mentors to interact, connect and   prepare for their goals;

Totso

The application   which shall serve as the platform on which the Users can access the Services   provided by Fidum;

User

The person using   the Services provided by Fidum, including Mentors and Aspirants, and any reference   in the second person, including “You”, “Your”;

We have created a community-driven platform which shall allow aspirants seeking admissions to postgraduate programmes based in the United States of America after completing their undergraduate programmes in India to connect with other aspirants and with mentors who have already secured admissions to postgraduate programs in the United States of America or have completed their postgraduate programmes from the United States of America, and are currently working professionals, within or outside the United States of America.

Privacy and Security Principles: Totso is built with strong privacy and security principles in mind.

Your Communication Platform: Fidum aims to improve the ways for Aspirants and Mentors to connect and communicate with each other through messaging and sending Content on Totso.

Ways to Improve Our Services: We analyse the way you interact with Totso and use it to connect with Aspirants and Mentors, in order to improve Our Services. Fidum uses the information it has and also works with partners, service providers.

Non-Commercial Use: Mentors are not allowed to use Totso for commercial use. Their use of our Services is voluntary and not-for-profit. Mentors may be given rewards or incentives based on community outreach and interactions. These are neither, a matter of right, nor in the form of compensation for their use of Totso.

Safety, Security and Integrity: Fidum aims to protect the safety, security and integrity of its Services. This includes appropriately dealing with abusive people and activities that violate our Terms. Our Terms explicitly prohibit conduct towards others that may be illegal, abusive or otherwise harmful towards others, and we constantly work to prohibit the misuse of our Services and address the situations where we may be able to support or protect our community. If prohibited activities come to our notice, we will take all necessary actions, including removal of such people or activities from Totso and approaching law enforcement.

Enabling Access to Services: To operate our Services, we need to store and distribute Content and information in data centres and systems which may be located outside your country of residence. The use of this infrastructure is necessary and essential to provide our Services. This infrastructure may be owned or operated by our service providers, including third-party service providers, including Amazon Web Services.

Improving our Services: Fidum is actively developing new features and products to improve the user experience on Totso. As part of these efforts, some features may be added or removed, new services may be added or existing services may be stopped. Fidum intends to avoid any disruptions or loss of Content, but, we cannot guarantee that there will not be an outage or change of services, and your Content may not be retrievable due to such outage or change. Fidum shall not be liable for any outage, service changes or loss of Content.

Registration: You must register for our Services using accurate information. This includes the following:

a. Aspirant- The User is required to provide their email id and the stage of preparation. This information is private, and can only be accessed by the User and Fidum. In addition, the User is required to provide their targeted postgraduate course(s) and institution(s), their undergraduate institution, work experience in India, if any,  the GRE or GMAT score, as applicable, at the time of registration. The User must also select a Username which will be used to identify the User for all in-app interactions. This information shall be visible on the profile, and helps Totso to place the User in the relevant communities to connect the User with similarly placed Aspirants and the Mentors who will be able to guide the User better.

b. Mentor-The User is required to provide their  institution email id, and in addition, if the User has obtained work experience in the United States of America, they shall also be required to provide the name of the company, experience (in years) and work email id.  This information is private and can only be accessed by the User and Fidum. In addition, the User is required to provide the details of their postgraduate course and institution, the GRE or GMAT score, as applicable, year of graduation, and work experience in the United States of America, if any. The User must also select a Username which will be used to identify the User for all in-app interactions. This information shall be visible on the profile and helps Totso to place the User in the relevant communities and connect the User with the Aspirants who will be able to get the proper guidance from the User. 

In the event that the information provided by you is found to be false, incorrect, or otherwise fraudulent, Fidum reserves the right to terminate your user account in accordance with our Terms and may also approach the law enforcement.

Eligibility: In order to be eligible for the use of the application, the User must fulfil the following requirements:

a. Aspirant: The User must be above the age of eighteen (18) currently pursuing or having completed an undergraduate programme in India with the intention to pursue postgraduate programmes in the United States of America to register for and use our Services.

In the event that a User under the age of eighteen (18) seeks to register, it is deemed that the Terms of Use and other Policies have been read, understood and accepted by the parent or legal guardian of such User on his or her behalf.

b. Mentor: The User must be above the age of eighteen (18) currently pursuing or having completed a postgraduate programme in the United States of America to register for and use our Services.

Permissions: The User must provide certain device, software and data connections to use our Services, which we otherwise do not supply. This includes access to network connection- whether over mobile data or Wi-Fi, consent to our sending you notifications via our Services from time to time. You also consent to install updates manually or automatically to our Services. Please note that some or all of our Services may become inaccessible if updates are not installed for a prolonged period, and Fidum shall not be liable for such inaccessibility to our Services.

Fees and Taxes: The User is solely responsible for all mobile data plans, internet charges/ fees and/or any other fees or taxes associated with the use of Our Services. 

Account Security: The security of the User Account is the responsibility of the User, and you agree to notify us immediately if you believe that your account has been compromised. For the sake of your account security, the password used must be strong, and we recommend that the password used for Totso is unique and not used for any other account. You are responsible for providing Totso with information regarding any change in email address or other information. In case, you do not provide the updated email address and are unable to access your user account due to unavailability of the credentials provided by you, Fidum shall not be held liable. 

The User’s privacy is of utmost importance to us. Fidum’s Privacy Policy our practices with respect to data (including chats and Content shared), data collected and received from you, the processing of data collected, and the User’s rights in relation to the processing of your data.

The User is required to use our Services in accordance with our Terms, including all policies. If the User is found in violation of our Terms or policies, Fidum reserves the right to take necessary action, including disabling, suspending, or terminating the user account, in accordance with Our Terms. In the event that your User Account has been disabled, suspended or terminated for violation of Our Terms, you shall not be allowed to create another account for access to our Services.

Legal and Acceptable Use: The use of our Services shall only be for legal, authorized and acceptable purposes by the User. The User cannot use, or assist the use of, our Services to:

a. violate, misappropriate, or infringe the rights of Fidum, other users or any third-party, including, privacy, publicity, intellectual property, personal safety, mental health, or other proprietary rights;

b. cause, instigate, promote, assist, or encourage illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, offensive towards any race, caste or ethnicity conduct, violent crimes, endangerment or exploitation of children or others, coordinate harm, or any other conduct that goes against public morality;

c. publish or promote falsehoods, misrepresentations, misleading statements, imputations on character or conduct of Fidum, other users or any third-party;

d. impersonate someone;

e. send illegal or impermissible communications including bulk messaging, obscene or illegal Content, and other such communications; or

f. involve any non-personal, commercial, for-profit use of our Services, unless expressly authorized by us.

Harm to Totso or our Users: The User must not, either themselves or by assisting others, directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: 

a. reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;

b. send, store, or transmit viruses or other harmful computer code through or onto our Services; 

c. gain or attempt to gain unauthorized access to our Services or systems; 

d. interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services;

e. create accounts for our Services through unauthorized or automated means;

f. collect information of or about our users in any impermissible or unauthorized manner; 

g. sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; 

h. distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; 

i. create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or

j.  misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

User Content: We do not claim any ownership of the information that you submit for your User Account or Content you share through our Services.

The User does not have any obligation to share any Content through our Services. If you choose to share any Content, you are responsible for ensuring that you have the necessary rights to share the Content and the right to grant licenses in the terms. Any Content shared by you must be lawful, authorized and appropriate. 

Our Services allow the User to join a community of aspirants preparing for admissions in the United States of America, which is further divided into various groups and channels that are most suited to their goals and stage of admission. These spaces are public, and the Content shared there may be accessed by other Users who are not known to you. Please choose the right spaces for your Content.

We do not take any responsibility for any of your Content, or the use of your Content by others.

Other User Content: In the use of our Services, we grant you access to Content shared by other users through our Services. You may not use this Content without the consent of the user who has shared the Content, or in violation of applicable laws. The Content of the users is theirs only, and neither is the Content reflective of Fidum’s views, nor under the control of Fidum. We work hard to make Totso a safe, user friendly, positive and inclusive platform, but cannot prevent you from encountering Content that may be objectionable or offensive for you. The User agrees that Fidum shall not be liable for any harm caused by that Content. If the User feels that the Content is violative of our Terms or policies, the same can be reported. We have the right, but not the obligation, to review such reports, and block or remove such Content at our discretion.

Community Guidelines: By using the Services, you agree that you will not:

§ use the Services for any purpose that is illegal or prohibited by Our Terms

§ use the Services for any harmful or nefarious purpose;

§ use the Services in order to damage Fidum or Totso;

§ violate our Community Guidelines, as updated from time to time;

§ spam, solicit money from or defraud any other Users;

§ impersonate any person or entity or post any images of another person without his or her permission;

§ bully, "stalk", intimidate, assault, harass, mistreat or defame any person;

§ post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;

§ post any Content that is hate speech, threatening, sexually explicit or pornographic;

§ post any Content that incites violence; or contains nudity or graphic or gratuitous violence;

§ post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

§ solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal identifying information without his or her permission;

§ use another member's account, share an account with another member, or maintain more than one account;

§ create another account if we have already terminated your account, unless you have our permission;

Fidum reserves the right to investigate and/or terminate your account  if you have violated this Agreement, misused the Services, or behaved in a way that Totso regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. 

Our Services may allow you to access, use, or interact with third-party websites, applications, Content, products or services. For example, third-party data backup services, interaction with a share button on Totso that enables you to share information with other users on a third-party’s website or application such as WhatsApp. Please note that our Terms and Policies apply to your use of Our Services only. When you use third-party services or products, their respective terms of use and policies shall govern your use of those products or services.  

License by User: Your Content may be protected by certain intellectual property rights. We do not own those. But by using our services, you grant us a license—which is a form of permission—to do the following with your Content, in accordance with applicable legal requirements, in connection with operating, developing, and improving our services:

· Use, copy, store, distribute, and communicate your Content in manners consistent with your use of the services. (For example, so we can store and display your Content.)

· Publish, publicly perform, or publicly display your Content if you have chosen to make it visible to others. (For example, so we can display your messages if you post them in public servers.)

· Monitor, modify, translate, and reformat your Content. (For example, so we can resize an image you post to fit on a mobile device.)

· Sublicense your Content, to allow our services to work as intended. (For example, so we can store your Content with our cloud service providers.)

This license is worldwide, non-exclusive (which means you can still license your Content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual.

We reserve the right to block, remove, and/or permanently delete your Content for any reason, including breach of our Terms, policies, or any applicable law or regulation.

Fidum’s License: We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. The User may not use any copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services unless expressly permitted by us.

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of granting you access to our Services for your personal use in the manner permitted in our Terms. No licenses or rights are granted to you by implication or otherwise, and limited rights and licenses, as applicable, have been expressly granted to you in our Terms.

This limited license grants you the right to download, install, and run the necessary software or applications to gain access to our Services, subject to the limitations contained in our Terms. 

We may take action with respect to your account, including disabling your account, if you clearly, seriously or repeatedly infringe the intellectual property rights of others or where we are required to do so for legal reasons in accordance with our Terms.

Fidum understands the importance of protecting intellectual property rights, and is committed to helping its users and third-parties in protecting their rights. Our Terms do not allow our users to violate the intellectual property rights of Fidum, its users or third parties, in the use of our Services, including copyrights and trademarks.

To report any intellectual property infringement and request Fidum to remove any infringing Content it is hosting on Totso, please email a competed infringement claim to corporate@fidumtechnologies.com.

Before you report a claim of intellectual property infringement, you may want to send a message to the relevant User you believe to be infringing your intellectual property rights. The Users may be able to resolve the issue without contacting Fidum.

Please include all of the following information when reporting an intellectual property infringement claim to Fidum:

a. Complete Contact Information: Full Name, Email Address and Phone Number (Please note that the details provided you in your infringement claim, including the reported Content, shall be shared with the person that has been reported. You may wish to provide a business or professional email address where you can be reached.

b. Description of Intellectual Property: A description of the intellectual property that you claim has been infringed.

c. Description of Content: A description of the Content that you claim infringes your intellectual property rights.

d. Other Reasonable Information: Information that is reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the username of the User who has shared the infringing Content on our Services.

e. Declaration: A declaration that-

i. you have a good faith belief that use of the reported Content is without the consent or authorization of the owner of the intellectual property;

ii. the information in your claim is accurate and complete;

iii. you declare under penalty of perjury, that you are the rightful owner or authorized representative of the owner of the intellectual property that is allegedly infringed.

f. Your electronic or physical signature.

We work hard to offer Services that are safe, user friendly, positive, and inclusive, but there are certain aspects that we cannot guarantee. You agree that the use of our Services is at your own risk and is subject to the following disclaimers.

WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (HEREINAFTER REFERRED TO AS THE “FIDUM PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (HEREINAFTER REFERRED TO AS THE “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO THE FIDUM PARTIES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER ANY APPLICABLE STATUTE OR LAW OF ANY JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE THE BELOW TYPES OF EXCLUSIONS ARE PROHIBITED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NONE OF THE FIDUM PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOTSO OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

BESIDES THE TYPES OF LIABILITY, WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), FIDUM LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (B) INR 5,000/- (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY) WHICHEVER IS GREATER, PROVIDED THAT THE USER IS ONLY ENTITLED TO CLAIM LOSS OR DAMAGES ONLY IF THE DAMAGE EXCEEDS INR 5,000/- (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).

FIDUM IS NOT LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE RELATIONSHIP BETWEEN FIDUM AND YOU.

Subject to the applicable laws in your country of residence, if any third-party brings a claim against the Fidum  Parties in relation to your actions, information or Content on Totso or any other use of our Services by you, you will, to the maximum extent permitted by applicable law, indemnify and hold the Fidum Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way connected with:

a. your access to or use of our Services, including information and Content shared in connection therewith;

b. your breach of our Terms or applicable laws; or

c. any misrepresentation made by you.

You agree that you will cooperate with as fully required by us in the defence or settlement of any Third-Party claim.

In case, any disputes arise with related to, arising out of or in connection with our Terms or Services, the User and Fidum agrees that any such claim or cause of action (hereinafter referred to as the “Dispute”) will be resolved in accordance with this section.

Informal Resolution: The dispute shall be intimated by the aggrieved party through a notice of dispute, and the parties shall endeavour to amicably settle the dispute through mutual discussion and agreement within thirty (30) days from the receipt of the notice of dispute.

Mediation: In the event that the dispute cannot be resolved through mutual discussion and agreement, the dispute shall be referred to mediation before the Mediation Centre, Hon’ble City Civil Court, Bombay, Mumbai for mediation.

Arbitration: In the event that the dispute is not resolved through mediation within ninety (90) days from the receipt of notice of dispute, the matter shall be referred to arbitration before a sole arbitrator who shall be appointed by the Hon’ble Bombay High Court, Mumbai.

The sole arbitrator shall decide the matter in a summary manner within a period of six (6) months from the date of appointment, without the need for oral hearings, and after providing each party with an opportunity to make its written representation and furnish all supporting documentary evidence. The award passed by the arbitrator shall be final and binding on the Parties.

The language of arbitration shall be English, and the seat of arbitration shall be Mumbai, India. 

Governing Law: The laws applicable in the State of Maharashtra, India governs our Terms, as well as any disputes between the User and Fidum, without regard to conflict of laws provisions.

Notice of Dispute: The Notice of Dispute must contain- (i) name; (ii) residence address; (iii) username; (iv) registered email address and (v) detailed description of the dispute; and (f) relief sought.

Opt-out Procedure: You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify the in writing, within thirty (30) days from: (a) the date that you first accept our Terms; and (b) the date you became subject to this arbitration provision; whichever date is later. The communication must include the following-

(i) your name and residence address;

(ii) registered mobile number and email address; and

(iii) clear statement that you want to opt out of the agreement to arbitrate under our Terms.

Class Actions, Class Arbitrations or Representative Suits:

Fidum and the User agree that any action, arbitration, or suit shall be brought on their own behalf only, and not on behalf of any other person or entity, or class of people. We and you agree not to take part in a class action, class-wide arbitration, disputes brought in a representative capacity, or consolidated disputes involving any other person or entity in connection with any Dispute. If there is a final judicial determination that any particular Dispute or particular Relief cannot be arbitrated in accordance with this Section, then only that Dispute or Relief may be brought in court. All other Disputes or Reliefs remain subject to this provision.

Availability of our Services: We are always trying to improve our Services. In other words, we may expand, add, or remove certain features, functionalities or Services, and the support of certain devices and platforms, at any time. Our Services may be interrupted, including for maintenance, repairs, upgrades, or failures of network, servers, or equipment. Events beyond our control may affect our Services, including events in nature, acts of God, force majeure events.

Termination: We may modify, suspend, or terminate your access to or use of our Services, in events including the violation of the letter and spirit of our Terms, creation of harm, risk, or possible legal exposure to us, our users, or others. In such events, we shall provide you with an opportunity to prove your innocence, however, the decision of Fidum shall be final.

The User has certain rights by law, which cannot be limited or waived by Our Terms. These include:

Entire Agreement: These Terms alongwith the policies cover the entire agreement between Fidum and the User for the use of our Services.

Additional Terms: Where additional terms apply to our products or services, the additional terms will control with respect to your use of that product or service to the extent of any conflict with these terms.

Bug Reporting: We support the responsibility reporting of security vulnerabilities. To report a security issue, please email at corporate@fidumtechnologies.com.

Limitation on use: Our Services are not intended for distribution to or use in any country where such distribution or use would violate the local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

Applicable Language: Our Terms are written in English (India). Any translated version is provided solely for the purpose of convenience. To the extent of any conflict in translated versions of our Terms, in the interpretation of any section, the English version shall be binding.

Amendments and Waivers: Any amendment or waiver in our Terms proposed by the User requires our express consent for applicability. Further, any amendment or waiver granted to a particular user may not automatically make another User eligible for such amendment or waiver, and any such request shall be considered on a case-to-case basis.

We may amend or update our Terms. Fidum will provide the User notice of material amendments to our Terms, as appropriate, and the “Last Modified” date at the top shall be changed to reflect any amendments, updates, or other modifications. The User’s continued use of our Terms confirms your acceptance of our Terms, as amended, updated or otherwise modified. While Fidum looks forward to your continued use, if you do not agree with our Terms, stop using the Services by deleting your user account and uninstall any connected softwares.

Nothing in our Terms will prevent Fidum from complying with the applicable law.

If Fidum fails to enforce any of our Terms, it will not be considered as a waiver, unless expressly communicated by us.

Assignment, Transfer, Third-Party Interest:

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third-party. While we look forward to your continued use, if you do not agree with such assignment, stop using the Services by deleting your user account and uninstall any connected softwares after having been notified of the assignment.

The User cannot transfer, assign, or create any third-party or beneficiary interests with respect to any rights or obligations under our Terms.

Survival: The termination of the relationship between Fidum and the User shall not affect the applicability of certain sections. In other words, the following sections will survive any termination of your relationship with Fidum: "Licenses", "Disclaimers and Release", "Limitation Of Liability", "Indemnification", "Dispute Resolution", "Availability And Termination Of Our Services", and "Miscellaneous".

Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect except as expressly provided in our Terms.

Reservation of Rights: Fidum reserves all rights not expressly granted by us to the User. In certain jurisdictions, the User may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.