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By clicking on the “Accept terms and conditions” button during the process of availing Services using the website tartl.net (“Website”), Customer represents that it has necessary authority to enter into this Agreement and agrees to be bound by the provisions of this Agreement.
"Affiliate" means any legal entity that a Party owns, that owns a Party, or that is under its common ownership.
“Content” is all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials of Creators.
“Creators” means anyone who creates content in any form or type across various languages.
"Customer" means the Users.
"License" means non-exclusive, non-transferable, personal rights granted by Tartl to the Customer, for use of this website.
“Seekers” means anyone who is in the lookout for content for various purposes, personal/professional.
“Services” means the usage of our predefined features which includes POD, Editor, Messages, Live Sessions, Membership tiers, Teams, and Communities.
"Term" means the duration of Services
“Users” means Creators or Seekers, as the case may be.
2.2 Limitations on use. Customer shall not reverse engineer, decompile or disassemble, modify anything posted on the Website.
2.3 Content. Creators will be responsible for the Content and its use by Seekers.
2.4 Permitted disclosures and use of data. Customer acknowledges and agrees that in order to provide access to and use of the Website / Services, Tartl may provide Customer access to Information and Account Data to and these should be used only by authorized personnel of User.
2.5 Using the feedback. Customer agrees that Tartl may use Customer feedback, suggestions, or ideas in any way, including in future modifications of the Services. Customer grants Tartl a perpetual, worldwide, transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback in any manner.
2.6 Disclaimer. Tartl is neither responsible nor liable for any transaction between Creators and Seekers and does not assure anything thereof.
2.7 No professional advice. Services offered are at the instance of the Customer and the same are not to be understood as Tartl advising the Customer and offering a solution.
3.1 For the use of the Website by Creators and Seekers, Tartl shall be paid a user fee of 5% of the amount paid by Seekers to Creators. Receipts and payments will be operated through a payment gateway and all their terms and conditions shall apply here.
3.2 At the beginning of each month or a predefined date each month Tartl will transfer the money accumulated from all subscriptions to the Creator's account (Transfer to bank account\) after deducting the user fee of 5% along with the applicable transaction fee of the payment gateway.
3.3 Taxes. Taxation will be handled by the respective parties.
4.1 Agreement term and termination. This Agreement will remain valid until it is terminated until the website is used by Users and the fees thereof paid to Tartl.
4.1.1 Termination without cause. Either party may terminate the Agreement, without cause, by providing thirty (30) days’ prior written notice.
4.1.2 Termination for cause. In the event of default in the performance of any material obligations by Users under this Agreement and if the default has not been remedied within seven (7) days after the date of notice in writing of such default, Tartl may terminate this Agreement forthwith by written notice.
4.1.3 Consequences of Termination. All rights and licenses granted to Customer shall terminate upon termination and Customer shall immediately stop using the Services / Website. Tartl reserves the right to block Customer’s access immediately.
Termination of this Agreement shall not affect Tartl’s rights to any payments due to it.
TARTL SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING INDIRECT DAMAGES, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS OR TECHNICAL INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING IN CONNECTION WITH THIS AGREEMENT.
Customer hereby agrees to indemnify and hold Tartl and its Affiliates harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of use of Services. (collectively referred to as “Claims”).
7.1 Governing law and Jurisdiction. This Agreement will be governed by the laws of India. The courts in Trivandrum shall have exclusive jurisdiction over any disputes arising out of this Agreement.
7.2 Non-Exclusive. This agreement is non-exclusive in nature.
7.3 Entire agreement. This Agreement and the Terms of Usage of Website, along with the provisions Services, the pricing and payment terms constitute the entire agreement concerning the subject matter and supersede any prior or contemporaneous communications. Any change or modification to the Agreement shall be binding only when the same is agreed to and made in writing by both Parties.
7.4 Survival. Provisions regarding fees, Services, restrictions on use, defense of infringement and misappropriation claims, limitations of liability, obligations on termination and the provisions in this Section entitled "Miscellaneous" will survive termination of this agreement.
7.5 Force Majeure. Tartl party shall not be liable for any failure in performance due to causes beyond either party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services). This Section will not, however, apply to Customer’s payment obligations under this agreement.
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