Terms & Condition

  • Home
  • Terms & Condition

Terms & Condition

Welcome to Brythm Private Limited (also known as Tiffexx). We are a platform dedicated to provide homely cooked meals to our customers. Moreover, it serves as a marketplace where home cooked meal providers/tiffin service providers and the customers in need of tiffin/home cooked meal will connect and will use the online bridge Tiffexx will make.

Please note that the offerings on our Online Platform are subject to periodic modifications, deletions, or updates at the discretion of Brythm Private Limited (also known as Tiffexx).

Please read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Conditions. Terms and Conditions together with the Privacy Policy is hereinafter collectively referred to as the Terms.

If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement betweenBrythm Private Limited (also known as Tiffexx)and you in connection with your use of the Online Platform, as defined below. For any concerns, you can contact us at service.helpdesk@tiffexx.com.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. 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 this Website/mobile application (“Platform”).

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the website/mobile application following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.

In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.

  1. IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:
    1. “Buyer”, refers to a user who utilizes our services available on the website/mobile application;
       
    2. "User" refers to individuals registered on our website/mobile application;
    3. "Company" refers to organization.
    4. "Content" includes text, images, videos, comments, links, ratings, or any material submitted by users on the website/mobile application.
    5. “We”, “we”, “Us”, “us” or “Brythm Private Limited (also known as Tiffexx)”, shall mean Brythm Private Limited (also known as Tiffexx)its affiliates, permitted assigns and partners, and the terms “Our” and “our” shall be construed accordingly; and
    6. “You”, “you”, “User” or “user”, shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the website/mobile application, or using the website/mobile application or the Services offered through the website/mobile application, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number and email while registering on the website/mobile application (“Registration Data”), and the terms “Your” and “your” shall be construed accordingly.
  1. APPLICABILITY OF TERMS:
    1. By accessing and/or using all or a portion of the Services, You acknowledge and agree that:
      1. You have read and understood the Terms;
      2. The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
      3. Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;
      4. Written approval is not a prerequisite to the validity or enforceability of the Terms.
    2. The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:
      1. The Indian Contract Act, 1872;
      2. The (Indian) Information Technology Act, 2000;
      3. Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009;
      4. Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules 2009;
      5. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”);
      6. The orders, rules, regulations, guidelines, notifications and clarifications issued by any legislative, regulatory or governmental authority at central, state or local level.
  2. MODIFICATION OF TERMS
    1. The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by you on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time.

You are advised to read the Terms regularly. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. Your continued use of the Online Platform following any such modification constitutes your agreement to follow and be bound by the Terms so modified.

  1. If you do not agree to any changes in the Terms as they may occur, you’re continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
  2. These Terms allows the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services.

 

  1. PRODUCT &SERVICES

It is hereby declared that detailed descriptions of the services offered by Brythm Private Limited (also known as Tiffexx) can be found via the following link.

 

Link:www.tiffexx.com/mobile application (Tiffexx) can be found in Play Store/App Store

 

  1. CONDITIONS OF USE
    1. You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.
    2. The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email address, QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense or damage incurred by you as a result of you accessing the platform and utilizing its services via access links, SMS notifications, OTPs, email address, QR codes etc. which have not been delivered to you personally by the Company.
    3. If you are using the Platform and/ or our services, on and behalf of a company/ corporation/ business entity, You represents and warrant that the Use of our Services/ Platform and the consummation of the transactions in our Platform have been duly authorized by all necessary action of the respective entity and that the person using our Platform on its behalf has the full capacity to bind that entity.
    4. You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services. Prohibited actions on our website/mobile application include use of another user's account, engagement in illegal activities, hate speech, racism, and discrimination, spreading false or misleading information, promotion of violence and terrorism, violations of intellectual property rights, unauthorized use or reuse of material not belonging to the user, breach of confidentiality and privacy, unauthorized use of company/website/mobile application names or logos without written consent.
    5. While all data and personal information are securely stored on protected servers, the company cannot provide an absolute guarantee of its security. External website/mobile applications may collect data, use cookies, and embed third-party tracking. Visitor comments may be checked through an automated spam detection service. Public content is accessible to everyone. If you leave a comment, you may opt-in to save your name, email address, and website/mobile application in cookies for one year.A temporary cookie is set on the login page to determine if your browser accepts cookies, which is discarded when you close your browser. Login cookies lasting for two days and screen options cookies for a year are set when you log in. Selecting "Remember Me" keeps your login persistent for two weeks. Logging out removes login cookies. Editing or publishing an article sets an additional cookie indicating the post ID, which expires after 1 day. Articles on this site may include embedded content (videos, images, articles, etc.) that behaves similarly to if the visitor visited the other website/mobile application. If you have an account or have left comments, you can request the erasure of your personal data, excluding data obligated to be kept for administrative, legal, or security purposes.
    6. For the purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) broadly, encompassing the server, platform, and application software hosted by or on behalf of the Company, as well as third-party software supporting or connecting the aforementioned elements. This includes algorithms, user interfaces, network and database designs, architecture, class libraries, objects, and all updates and documentation related to these components. Thank you for being part of our community.

 

  1. REGISTRATION
    1. Users are required to provide the following information during registration: User Name, email id, location, age, mobile number and GST details (if any). To fully avail the Services of the Website/mobile application, registration is required. Additionally, we may request information regarding address, contact and business information to enhance our understanding.
    2. To avail of our services, customers are required to provide the details as requested by us.
    3. Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference.  Further, at any time during Your use of this Website/mobile application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. When uploading images, avoid including embedded location data (EXIF GPS) as visitors may download and extract this information from images on the website/mobile application.
    4. By using this Website/mobile application and providing your contact information to us through the Website/mobile application, you hereby agree and consent to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls / email messages / text messages, you may send an e-mail to service.helpdesk@tiffexx.comYou agree and acknowledge that it may take up to seven (7) business days for us to give effect to such a request by you.

 

  1. ADVERTISEMENT:
    1. At,Tiffexx (website with URL as tiffexx.com or its respective mobile applications) our advertisements are meticulously crafted to showcase Company information, Services associated information.Additionally, please be informed that we may showcase third-party. These advertisements are intended to provide additional resources and information relevant to our users.
    2. Above all, our advertising practices are guided by a customer-centric approach. We prioritize the needs and interests of our users and strive to deliver advertisements that are informative, engaging, and ultimately beneficial to our audience.

 

  1. LIMITED USE
    1. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permittedprior written permission ofTiffexxis sought.For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website/mobile application is not permitted. We reserve the right to suspend, delete user accounts, or alter/edit/delete any post or content portion without prior notice or permission if a breach of terms is identified.
    2. Throughout these Terms, prior written consent means a communication issued by the official email address of tiffexx and approved by the ceo@tiffexx.com withlegal department in loop, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.

 

  1. PAYMENT AND REFUND POLICY:
    1. All payments for services rendered by Tiffexx are non-refundable once the service has been provided. Order cancellation is allowed only on or before “Last order time”mentioned in the user app for the respective order category.
    2. The payment amount will vary depending on the services selected and the agreed-upon terms.
    3. In the event of technical errors encountered during the payment process, such as system malfunctions or payment gateway issues, refunds will be processed in accordance with our refund policy. We are committed to resolving any technical errors promptly and ensuring a seamless payment experience for our users. Refunds or returns are subject to the sole discretion of Tiffexx, evaluated on a case-by-case basis.

 

  1. DISCLAIMERS
    1. The Services are provided on an "as is," "as available" basis. The Company makes no representations or warranties of any kind with respect to the Services provided by the Company. The Company assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services.
    2. The Company expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, that the Services will function without interruption or errors in functioning, that there will not be disturbances related to internet service providers, cellular service providers, and cellular network operators or saturation of the internet network and for any other reason, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or work with any third-party software, applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Company disclaims all liability for damages caused by any such interruption or errors in functioning.
    3. The Company disclaims all liability and responsibility with respect to your use of the Platform and the Services, including but not limited to your use of third-party payment gateways, exposure of content to minors, security of devices used to access the Platform.
    4. The Company takes all reasonable efforts to ensure that your use of the Platform is safe and is in line with safety and security practices for digital platforms. However, the Company in no way assumes responsibility for data safety and security practices and standards of any third-party service provider embedded in the Platform.
    5. We use cookies on our website/mobile application. By continuing to use our site, you agree to our use of cookies as outlined in our cookie policy.
    6. Users are responsible for all activities under their account. The accuracy and authenticity of content/information/advertisements on the website/mobile application are not guaranteed. The website/mobile application may contain third-party links/services/advertisements. The company is not responsible for user information disclosure due to technical issues, phishing, etc. User membership approval by the company does not guarantee the accuracy and authenticity of user information. Approval may or may not occur.
    7. The content provided on this website/mobile application is solely intended for general informational purposes. While we strive to keep the information up to date and accurate, we do not guarantee the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or graphics contained herein as many of these details are dependent on dynamic changes within the industry, controlled by external stakeholders, time lag in transmission of the data and also changes in the regulatory guidance and provisions by authorities.
    8. Any information related to operation, maintenance, regulations, or procedures is intended for general knowledge purposes only. Any sort of operational or associated functions must be performed in accordance with the approved documents, manuals, guidance, operating procedures of respective organizations.
    9. Any third-party selling or advertising of products or services on this website/mobile application without explicit approval from Brythm Private Limited (also known as Tiffexx) is strictly prohibited. Brythm Private Limited (also known as Tiffexx) (Tiffexx) reserves the right to remove any unauthorized content and take appropriate legal action against violators.
    10. Any reproduction, distribution, or unauthorized use of the images, details, or content listed on this website/mobile application without the explicit written consent of Brythm Private Limited (also known as Tiffexx) (Tiffexx) is strictly prohibited. Such unauthorized use may violate copyright, trademark, privacy, publicity, or other laws and could result in legal action as per applicable laws.
    11. While we undertake basic hygiene checks on the food and its packaging, any spillage, leakage, or other issues arising thereafter are the exclusive responsibility of the food service provider. We disclaim all liability for such occurrences
  2. PROHIBITED USAGE DECLARATION:

Users to this website/mobile application are expressly forbidden from participating in any actions that could contravene applicable legislation, regulations, or the rights of others. Specifically prohibited activities encompass, though are not confined to:

  1. Unauthorized entry or utilization of any segment of this website/mobile application, including its content, databases, or systems.
  2. Propagation of malicious software, viruses, or any other harmful programs.
  3. Falsification of one's affiliation with the website/mobile application or assuming the identity of any individual or entity.
  4. Publication or transmission of content that is unlawful, defamatory, obscene, or offensive.
  5. Engagement in harassment, intimidation, or disruption of other users' access to the website/mobile application.
  6. Acquisition of personal information from other users without their explicit consent.
  7. Infringement upon intellectual property rights, including the unauthorized reproduction of copyrighted material.
  8. Deployment of automated scripts, bots, or similar methods to access the website/mobile application in a manner exceeding typical user activity.

Any breach of this declaration regarding prohibited usage may result in immediate suspension of access to the website/mobile application and may also incur legal repercussions. We reserve the right to report any unlawful activities to the relevant authorities.

 

  1. YOUR OBLIGATIONS
    1. You agree and undertake that you are accessing the Website/mobile application at your sole risk and are that you are using your best and prudent judgment or accessing/using any information displayed thereon.
    2. You agree that they are solely responsible to us and to any third party for any breach of Your obligations under the Terms of Use and for the consequences including any loss or damage which we or our affiliates may suffer for any such breach.
    3. You agree that we may, at any time, modify or discontinue all or part of the Website/mobile application, charge, modify or waive fees required to use the Website/mobile application, or offer opportunities to some or all Website/mobile application Users.
  2. REVIEWS, FEEDBACK AND DATA RETENTION
    1. You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the habit by you. It is up to your discretion for to submit the same.
    2. You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions. You agree not to post or publish any content on the Online Platform that amounts to:
      1. An infringement of any Company or third-party intellectual property or privacy rights.
      2.  A violation of applicable laws or regulations, including but not limited to the relevant rules under Information technology Act, 2000.
      3. Defamation/abusive unwarranted language
    3. The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research, consumer behaviors and profiling, data analytics, tracking market trends on an anonymized basis.
    4. The Company is deemed to be a mere “intermediary” as defined under the applicable laws with respect to publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to publishing of your information and content. The Company is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by you on Platform.
    5. The Company may retain such information and content provide by you on the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Sensitive Personal Information Rules.
       
    6. Comments and their metadata are retained indefinitely to recognize and approve follow-up comments automatically. For registered users, personal information provided in user profiles can be seen, edited, or deleted. Usernames cannot be changed. Website/mobile application administrators can also access and modify this information.
    7. We 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 of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/MOBILE APPLICATION AND IN YOUR PRIVATE MESSAGES. Additionally, please note that while we strive to maintain a safe and positive environment, we cannot be held responsible for any harmful or spammy content posted by other users. However, we are committed to promptly reviewing and, if necessary, removing any content reported to us as harmful or spammy to uphold the integrity of our platform. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website/mobile application. You hereby represent and warrant that You have all necessary rights in and to all Content Which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
  1.  INTELLECTUAL PROPERTY RIGHTS
    1.  The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymized consumer profiling data, know-how, packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the "Company Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company.
    2.  The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer, decompile, or services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property;
    3. Your use of the Platform and the Services does not include an authority to resell or commercially use the Platform, the Services and   or its contents, description, packaging (including but not limited to size, design, color, pattern), prices, images, texts, page layout, illustrations for the benefit of another merchant, including but not limited to by way of data mining, robot applications or data gathering and extraction tools. No part of the Services and no part of Platform and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any digital platform or any other computer, server, application, website/mobile application or other medium for publication or distribution or for any commercial enterprise, without   express prior written consent.
  2.  LIMITATION OF LIABILITY

Please read this section carefully as it limits the liability of  Brythm Private Limited (also known as Tiffexx) and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the  Brythm Private Limited (also known as Tiffexx)”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

  1. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, Brythm Private Limited (also known as Tiffexx) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  2. Without prejudice to the foregoing, Brythm Private Limited (also known as Tiffexx) make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Brythm Private Limited (also known as Tiffexx) or through the Services, will create any warranty or representation not expressly made herein.
  3.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Brythm Private Limited (also known as Tiffexx) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

     
  4. The liability of the Website/mobile application for any claims against it shall be limited to the amount paid by the user. Claim, if any, should be limited to the amount paid by the user.
  5. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Brythm Private Limited (also known as Tiffexx)EXCEED AMOUNT PAID BY THE USER
     
  6. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Brythm Private Limited (also known as Tiffexx)HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  7. Nothing on the App constitutes, or is meant to constitute, advice of any kind.
  1. INDEMNIFICATION
    1. You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms, including but not limited to obligations stated therein relating to representation, warranty, intellectual property, access by minors, any applicable rule, regulation or law, your access or use of the Services and the Platform.
  2.  FORCE MAJEURE
    1. The Company will not be responsible for a breach of the Terms, damages, losses, costs or expenses, caused by any failure or delay of performance of Services and disruption to the Platform if such failure or delay is caused by an act of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act of God, pandemics, lockdowns, Labour stoppages, an electrical, internet, cellular network or telecommunication failure or power outage, government restrictions, political strikes or another event outside the reasonable control of the Company.
  3.  INVALIDITY
    1. If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
  4.  SEVERABILITY
    1.  In the event any provision of the Terms become void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.
  5.  GOVERNING LAW AND JURISDICTION
    1. The company is not responsible for mediating or resolving disputes between users or users and third-party service providers or advertisers listed on the website/mobile application.
    2. Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in jurisdiction of Hathras, Uttar Pradesh, and the language of the proceedings shall be English.
    3.  The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under these Terms.
  6.  GENERAL
    1. The Company's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
    2. The Terms contain the entire agreement between you and the Company and supersedes all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.
    3.  In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.
    4. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you.