This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of www.Newfang.io, any valid subdomains, mobile apps, downloaded/hosted software or any other of Newfang’s online services (“Newfang” or “Newfang Service(s)” or “Service(s)”). Newfang is owned by Newfang Networks Private Limited (“We” or “Company”) to facilitate Your (“You” or “Your”) usage.

We request You to carefully go through these terms of use (“Terms of Use”) before You decide to use the services of Newfang. These Terms of Use apply to Your visit to and Your use of the Newfang website to purchase the products irrespective of whether such use is through a computer or a mobile phone or any other similar device, as well as to all information and recommendations provided to You on the Newfang website. By downloading or accessing the Newfang website to avail our service, You irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to You. If you have any questions regarding these Terms, please contact us at hello@newfang.io. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

Please read the terms carefully before using or accessing any material, information or services through the Newfang website. Your use of the Newfang website or the services provided by the Newfang website shall signify Your acceptance of the terms and Your agreement to be legally bound by the same.

• Registration And Access
• If You wish to use Newfang Services, You will have to register on the website. To register on the Newfang website, You will have to provide information such as Your name, Your organisation’s name, email and create a username and password.
• When You use Newfang Services, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or mobile or other similar device to prevent unauthorized access to Your account. We request You to safeguard Your password and Your account and make sure that others do not have access to it. It is Your responsibility to keep Your account information accurate.
• We reserve the right to refuse access to the Newfang Services, to terminate accounts, remove or edit content uploaded, or cancel services at our discretion.
• We will try to make the Newfang Services error-free. Your access to the Newfang Services may be occasionally suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities or services. However, we do not take responsibility for internet related issues at Your end.
• Privacy
• You confirm that you have read and fully understand the Privacy Policy of Newfang in respect of the website. You further consent that the terms and contents of such privacy policy are acceptable to You.
• Use
• Newfang grants You a limited licence to access and make use of the services offered on Newfang, but not to modify it, or any portion of it.
• This right to access cannot be extended to include any resale or commercial use of Newfang Services or its contents; any collection and use of any service offering, descriptions, or prices; any derivative use of the Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
• You may not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Newfang without express written consent of the Company. You may not use any metatags or any other ‘hidden text’ utilizing ‘Newfang’ or its affiliates names or trademarks without the express written consent of the Company. Any unauthorised use would lead to termination of the right to access granted by the Company.
• You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at Newfang as long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Newfang logo or other proprietary graphic or trademark as part of the link without the express written consent of the Company.
• You must not use the Newfang Services in any way that causes, or may be likely to cause damage or impairment to the Service or interrupt free access to it in any way. You must not use the Newfang Services to host, display, upload, download, modify, publish, transmit, update or share any information that:
  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and
  • in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or that may expose Company or others to any harm or liability of any type.
• Copyright And Database Rights
• All content included on Newfang Services, such as photographs, text, graphics, logos, button icons, images and software, is the property of the Company, its affiliates or its content suppliers.
• The compilation of all content on Newfang is the exclusive property of the Company.
• All software used on this website is the property of Company or our software suppliers. You may not systematically extract and/or re-utilize parts of the contents of the Newfang website without the Company’s express written consent. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this website, without the Company’s express written consent.
• You may not reverse engineer any aspect of the Services or do anything that might discover the source code of the Services (other than in connection with open source software we release);
• Company respects the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please contact us at hello@newfang.io
• Trademarks
• Newfang and other marks indicated on our website are trademarks or registered trademarks of the Company in the Indian jurisdictions. All other trademarks not owned by the Company that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
• Open Source
• We may make the source code for much of the software that supports our Services, available for download as open source software. You agree to be bound by, and comply with, any license agreement that applies to this open source software. You will not indicate that you are associated with Company in connection with any of your modifications or distributions of this open source software.
• The source code we release in connection with open source software is not part of the Services, and your use of that source code without interacting with our Services is not subject to these Terms. For clarity, though, when we host any software and enable you to access and use such software as a service through our websites and apps, then these Terms will apply to such access and use.
• Pricing
• Pricing on the website is subject to change. We will notify you when there is such change.
• Communications
• When You visit Newfang website or send emails to us, You are communicating with us electronically. We communicate with You by email or by posting notices on the website. For contractual purposes, You consent to receive communications from us electronically and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that those communications be in writing. This condition does not affect Your statutory rights.
• You understand that once You register as a Newfang user on the Newfang platform, You will receive email messages from Newfang on Your registered email id. These messages could relate to Your registration, or any updates and promotions that are undertaken by Newfang. Please note that Newfang will send these messages only to the registered email id or such other email id that You may designate for any particular purpose.
• Termination
• In the event You breach these Terms of Use or in the event any other Newfang user or a third party reports violation of any of its right as a result of Your use of the services, the Company reserves the right to suspend or terminate Your access to the Newfang platform with or without notice to You and to exercise any other remedy available under the law. Any suspected illegal, fraudulent or abusive activity will be a sufficient ground for terminating Your access to the Newfang platform. Upon suspension or termination, Your right to avail the service on the Newfang platform shall immediately cease and the Company reserves the right to remove or delete Your information that is available with Newfang, including but not limited to login, account information and information posted by You.
• Amendment to Conditions
• We reserve the right to make changes to our website, software, policies, and these Terms of Use at any time. You will be subject to the Terms of Use in force at the time that You use the website or at the time You order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by You). If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
• Children and Minor’s Privacy
• Company strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Newfang platform is not intended for use by minors, Newfang respects the privacy of minors who may inadvertently use the internet or the mobile application.
• Withdrawal of Services
• We shall prior to the collection of information including sensitive personal data or Personal Information, provide an option to You not to provide the data or information sought to be collected. You shall, at any time while availing the services or otherwise, also have an option to withdraw Your consent given earlier to the Company. Such withdrawal of the consent shall be sent in writing to the Company. In the case Your not providing or later on withdrawing the consent, the Company shall have the option not to provide goods or services for which the said information was sought.
• Disclaimer And Limitation of Liability
• We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use, if the delay or failure arises from any cause which is beyond our reasonable control.
• To the fullest extent permitted by law, in no event will the Company or its affiliates be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Company has been warned of the possibility of such damages. Notwithstanding anything to the contrary in this Terms of Use, Company’s liability under this Terms of Use shall in no event exceed the price of the product purchased and if no purchase is made, exceed USD 10 (United States Dollar Ten only).
• In no event will the Company or its affiliates be liable for any third party product or services. The advertisements available on e-mail or website with respect to any third party website or the products and services are for information purpose only.
• You hereby indemnify, defend, and hold the Company, the distributors, agents, representatives and other authorized users of the Company, harmless from and against any and all losses, damages, liabilities and costs arising from Your use of the service.
• Waiver
• No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
• Governing Law And Jurisdiction
• Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to Your use of the Newfang platform or the service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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.
• Severability
• If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
• Grievance Officer
• In accordance with the Information Technology Act, 2000 and applicable rules made thereunder, the Grievance Officer for the purpose of Your personal sensitive information as governed by the Newfang’s privacy policy is Mr. Mayur Relekar and can be reached at hello@newfang.io.
• Notices
• All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision:
  
  If to Newfang: hello@newfang.io
  
  If to You: at the email address provided by You to us when You registered as a Newfang User.
• Complete Understanding
• These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.