TERMS AND CONDITIONS OF ACCESS OR USE

Effective 24^th Oct 2020

1. Introduction

1. Indietap (Indie on Demand Services Private Limited) having its registered office at (hereinafter referred to as "Indietap ", "we", "us", or "our") provides online courses and conducts online classes, live demo, doubt clearing sessions for the students seeking to enrol for such courses (the " Services"), which Services are accessible at www.indietap.com(The Site) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Applications").

2. By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“ Terms of Services” or “Terms”), whether or not you have registered with the Site and/or Application.

3. We advise all to please read these Terms of service before accessing or using the Site, Application or Services or downloading or posting any content from or on the Site, via the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations.

4. In the event that you do not agree to these Terms, then you have no right to access or use the Site, Application, Services, or Collective Content (as defined below).

5. If you are using the Site, Application or Services then these Terms of Service are binding between you and Indietap.

2. Definition

In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

1. "Courses" means any and all educational courses listed on the Site or Application.

2. "Course Fees" means the amounts that are due and payable by a Student for enrolment of that Course.

3. "Collective Content" means Indietap Content, or content of any partner.

4. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

5. "Listing" means Courses that are listed by Indietap as available via the Site, Application, and Services.

6. "Member" means a person, who voluntarily completes an account registration process, including but not limited to Teachers and Students, as described under "Account Registration" in Clause 7 below.

7. "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or Tags or includes in their Listing, Member profile or Indietap promotional campaign to be made available through the Site, Application or Services.

8. "Payment Method" means a payment method that you have added to your Indietap Account, such as a credit card, debit card or net banking.

9. "Student" means a Member who enrols for Courses on Application or Site, and in the case of a minor student the parent or guardian who enrol their child or ward for the Courses on Application or Site.

10. "Tax" or "Taxes" mean any and all VAT, goods and services taxes (GST), service tax, and any other tax from time to time that Indietap may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

11. “Tutor” means a Member who has been selected by Indietap in order to provide services through the Site or Application

12. “Indietap Content" means all Content that we make available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.

3. Terms of Service

1. By using the Site, Applications or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above), and constitute a binding legal agreement between you and Indietap.The user further accepts to allow Indietap (Indie Servivices Private Limited) to reach them through call for providing existing services and for providing information on new products and services without being subject to DND regulations for such calls.

2. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

3. If you do not agree to these Terms, please refrain from use and desist from obtaining information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.

4. The Site, Application and Services comprise an online platform which creates Listings for Courses and tutors, and Students may learn and enrol for the course directly through the Site and Application.

5. You acknowledge and agree that, by accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site or via the Application, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services, whether or not you have registered with the Site and Application. If you do not agree to these terms, then you have no right to access or use the Site, Application, Services, or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

6. Usage of Site, Application or Services

1. The Site, Application and Services can be used to facilitate Students to connect with Tutors, or enrol for Courses. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to enrol with a tutor or for any Courses, you must first register to create an Indietap Account (defined below).

2. Indietap makes available an online platform which provides data to tutors and various online Courses for the Students. Unless explicitly specified otherwise Indietap’s responsibilities are limited to facilitating the availability of tutors and Courses through the Site, Application and Services.

7. Account Registration

1. In order to access certain features of the Site and Application, and to enrol for Courses, you must register to create an account (" INDIETAP Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. A Teacher is also registered and an Indietap account created once selected by Indietap for providing services through the Site or Application.

2. Your Indietap Account and profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active Indietap Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Indietap reserves the right to suspend or terminate your Account and your access to the Site, Application and Services if you create more than one (1) Indietap Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.

4. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Indietap Account, whether or not you have authorized such activities or actions. You will immediately notify Indietap of any unauthorized use of your Account.

8. Tutor &Course Listings

1. Indietap will create and exhibit a database of tutors with updated ratings and reviews. A Listing of various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms will be listed on the Site and the Application. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students preferences, ratings.

2. Students will be able to view a listing of Tutors & Courses via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students' search parameters and preferences. We understand and agree that once a Student requests enrolment for Course or Class / Package with a tutor, We may not request the Student to pay a higher price than that mentioned in the Site or Application.

3. Please note that Indietap assumes no responsibility for a Student's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Indietap reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Indietap, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.

4. If you are a Teacher, you understand and agree that your relationship with Indietap is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint- venturer or partner of Indietap for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Indietap. Indietap does not control your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Indietap, including by inappropriately using any intellectual property.

5. When you enrol for a Course, you will also be required to upload certain information, such as verifying phone number / email address. Any Member wishing to enrol for any of the Courses must meet these requirements.

9. No Endorsement

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Indietap with respect to such actions or omissions.

10. Payment Terms

1. The Tutor Fee for the selected package / Course Fees payable will be displayed to the Student before the Student sends an enrolment request to Indietap. Upon receipt of the Students enrolment request, we may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms. If a requested enrolment is cancelled (before any tuitions are provided), any amounts collected by Indietap will be refunded to such Student, depending on the selections the Student makes via the Site and Application, and any pre-authorization of Student's Payment Method will be released, if applicable.

2. Indietap will collect the Tutor / Package / Course Fees from Students at the time of the enrolment request.

3. Indietap agrees that no refund will be permitted in respect of tuitions already provided and in accordance with the cancellation policy reflected in the relevant Listing, (i) permit the Student to cancel the enrolment and (ii) refund to the Student that portion of the Course Fees specified in the applicable cancellation policy. In case relevant Listing does not have a specified cancellation policy, the refund amount would be pro-rata to the unconsumed portion of the tuition.

4. You agree that Indietap through its Site or Application would raise system generated invoice to the Student in relation to the Course for which the Student has enrolled or in relation to any kind of payment done, as per applicable laws. Indietap will raise invoice for the above inclusive of all applicable Taxes.

11. Cancellations and Refunds

1. If, as a Student / parent, you wish to cancel a confirmed enrolment made via the Site or the Application, either prior to or after commencement of the Course, the cancellation policy contained in the applicable Listing will apply to such cancellation provided that no refund will be made in respect of tuitions already provided. Our ability to refund the Course Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. Indietap will initiate any refunds due pursuant to the Payments Terms.

2. If We cancel a confirmed enrolment made via the Site, Services, and Application, (i) Indietap will refund the Course Fees paid by the Student for such enrolment to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.

12. Taxes

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by Indietap.

13. User Conduct

1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

1. violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;

2. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;

3. show (i) any content that is not publicly displayed by Indietap in its search results pages or listing pages before an enrolment is confirmed; (ii) in any way that is inconsistent with the Indietap’s Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Indietap’s users or any other third party;

4. use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Indietap’s endorsement, partnership or otherwise misleads others as to your affiliation with us;

6. dilute, tarnish or otherwise harm the Indietap brand in any way or copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;

7. infringe the rights of Indietap or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right

8. interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

9. use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

10. use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (" spam") or advertisements unrelated to lodging in a private residence;

12. "stalk" or harass any other user of our Site, Application, Services.

13. contact another Member for any purpose other than asking a question related to an Enrolment, Course, Listing, or the Member's use of the Site, Application and Services;

14. recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Indietap without our prior written approval;

15. recruit or otherwise solicit any Member to join third-party services, applications or websites, without Our prior written approval;

16. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

17. use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;

18. use the Site, Application, Services or Collective Content to find a Student and then complete an enrolment of Course independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to Indietap’s provision of the Services or for any other reasons;

20. engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;

21. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

22. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

25. use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Indietap’s name, or trademark, logo or other proprietary information, access, tamper with, or use non-public areas of the Site, Application or Services, Indietap’s computer systems.

26. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Indietap to protect the Site, Services, Application or Collective Content;

27. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

28. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;

29. advocate, encourage, or assist any third party in doing any of the foregoing; or

2. Indietap has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

3. Indietap may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Indietap or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of our users, or members of the public.

4. Indietap reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

14. Reporting Misconduct

If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Indietap by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

15. Privacy

In order to provide the services to you we collect some of your Personal Information. We describe our collection and use of personal information in our Privacy Policy . Please review this policy. You must agree to the processing of your personal information as laid out in Indietap’s Privacy Policy (as may be updated from time to time). You agree that we may disclose personal information provided to us, including the data entered into the Website, if required to by law or government request such as a warrant, or as specified in the Privacy Policy . You must be 18 years or older to use this service. You are responsible for preventing unauthorized access to your account.

16. Intellectual Property Ownership and Rights Notices

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Indietap’s Trademark & Branding Guidelines (as may be updated from time to time).

17. Additional Terms

Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

18. Application License

Subject to your compliance with these Terms, Indietap grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.

1. Subject to your compliance with these Terms, Indietap grants you a limited, non-exclusive, non-transferable license, to (a) access and view any Indietap Content solely for your personal and non-commercial purposes and (b) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content.

19. Hyperlinks

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Indietap is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Indietap of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

23. Copyright Policy

Indietap respects copyright laws and expects its users to do the same. It is our policy to terminate Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

24. Term and Termination, Suspension and Other Measures

1. Term

This Agreement shall be effective for till the time Members access or use the Site, Application or Services or by downloading or posting any content from or on the Site, via the Application or through the Services Until such time when you or terminate the Agreement as described below.

2. Termination for convenience

You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. Indietap may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.

3. Termination for breach, suspension and other measures

1. Indietap may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) we believe in good faith that such action is reasonably necessary to protect the safety or property of other Members, Indietap or third parties, for fraud prevention, risk assessment, security or investigation purposes.

2. In case of non-material breaches and where appropriate, you will be given notice of any measure by Indietap and an opportunity to resolve the issue to our reasonable satisfaction.

4. Consequences of Termination

1. If we take any of the measures described above we may (i) communicate to the Students that a pending or confirmed enrolment has been cancelled, (ii) refund the Students in full for any and all confirmed enrolments, irrespective of pre-existing cancellation policies, (iii) support the Students, on an exceptional basis, in finding potential alternative Courses, and (iv) you will not be entitled to any compensation for confirmed enrolments that were cancelled.

2. If You or We terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Indietap Account or any of your Member Content. Once your account has been terminated, you may not register a new Indietap Account or attempt to access and use the Site, Application and Services through other Accounts.

25. Survival

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

26. Disclaimers

1. If you choose to use the Site, Application, Services or Collective Content, you do so at your sole risk. You acknowledge and agree that Indietap does not have an obligation to conduct background or character checks on any Member, but may conduct such background or character checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.

2. The Site, Application, Services and Collective Content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Indietap explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We makes no warranty that the site, application, services, collective content, including, but not limited to, any Courses, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Indietap makes no warranty regarding the quality of any Listings, Courses, tutors, Students, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site, Application or Services.

3. No advice or information, whether oral or written, obtained from or through Indietap, Application, Services or Collective Content, will create any warranty not expressly made herein.

4. You are solely responsible for all of your communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, any Students. You understand that Indietap does not make any attempt to verify the statements of users of the Site, Application or Services or to review any Course. We makes no representations or warranties as to the conduct of users of the Site, Application or Services or their compatibility with any current or future users of the Site, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the Site, Application Or Services, including, but not limited to, Students.Indietap explicitly disclaims all liability for any act or omission of any Student or other third party.

27. Limitation of Liability

1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Application, Services and Collective Content, your enrolment of any Course via the Site, Application and Services, and any contact you have with other users of Indietap whether in person or online remains with you. Neither Indietap nor any other party involved in creating, producing, or delivering the Site, Application, Services, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Application, Services or Collective Content, from any communications, interactions or meetings with other users of the Site, Application, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Application, Services, or from your Enrolment of any Course via the Site, Application And Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Indietap has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

2. In no event will Indietaps aggregate liability arising out of or in connection with these Terms and your use of the Site, Application and Services including, but not limited to, your enrolment of any course via the Site, Application and Services, or from the use of or inability to use the Site, Application, Services, or Collective Content and in connection with any course or interactions with any other members, exceed the amounts you have paid or owe for enrolments via the Site, Application and Services as a student in the three (3) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Indietap and you.

28. Indemnification

You agree to release, defend, indemnify, and hold Indietap and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) enrolment of an Course; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a Course.

29. Entire Agreement

Except as they may be supplemented by additional Indietap policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Indietap and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any enrolments made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Indietap and you regarding enrolments, the Site, Application, Services, and Collective Content (excluding Payment Services).

30. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Indietap (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

31. Governing Law and Jurisdiction

1. These Terms and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in New Delhi for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

2. Any dispute, claim or controversy arising out of or relating to this Terms including the determination of the scope or applicability of this Terms to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by Members and Indietap. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

32. No Waiver

The failure of Indietap to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Indietap. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

33. Miscellaneous

1. Indietap shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us.

2. Indietap is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond our reasonable control.

4. You may not assign or transfer these Terms, by operation of law or otherwise, without Indietap’s prior written consent.

5. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of Indietap or any person firm or corporation having posted information for availability through the Services provided by us.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE