In terms of the Information Technology statutes, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures.
(a) The website slideheap.com, (hereinafter referred to as “Website”), owned by SlideHeap, a Limited Liability Partnership, incorporated under the provisions of the private limited company companies act 2013, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
(d) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
1. SERVICE OVERVIEW
The Website is a service provider.The Website enables the User to access information about the services provided by Us and to avail such services, the users shall create an account and pay according to the membership plans which could be for a day, a month or a year(s). Our services can be availed by the Users either on a onetime basis or on a monthly or an annual basis and the services includes creation of powerpoint templates, which the customers can download, according to their membership plans. Our services also include creation of high quality professional PowerPoint/ Keynote Themes, Diagrams, Infographic Charts, Icons, which are editable in PowerPoint/Keynote that can be downloaded for both personal as well as commercial usage at a very nominal price.
2. DISCLAIMER REGARDING SERVICES
As a User of the Website, and by availing the services of the Company, You agree and understand the following:
The User will be required to furnish the following details for creating an account and to log in to our Website as condition precedent for availing the Services:
1. Email ID
The User shall create an account to avail the services of the Website. Once the customer’s requirements are received by the Company, User can download the templates, which the customers can download according to their membership plans.
You understand and agree that the Website uses third party gateways to receive payments for the services rendered. The rates of the service shall be notified on the Website. Any payment towards servicing is refundable, provided that the User asks for such refund within 5 days of making the payment and also provided that, they shall not download the templates for any other purpose. The charges for the Services shall be updated or amended from time to time at the sole discretion of the Website/Company and it shall be your responsibility to remain informed about the charges for the Services.
To fully avail the Services of the Website and use it, registration is required. You may access the services by signing in as a User by providing the following information which shall include name, email id and username. The Website offers Sign Up process with our own sign up system but not from other platforms such as Facebook and Google+ currently. The Website may use Facebook and Google + in the later stages.
Registration for this Website is available only to those above the age of 13 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the application or availing any of its Services.
Further, at any time during Your use of this Website, 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 that You have done so, We hold the right to permanently suspend Your account.
The User needs to pay the Company directly for the services availed, as per the terms of this Agreement. However, We reserve the right to amend this Fee Policy and Charges Policy. In the event of such change in policy, Users shall be intimated of the same via email and such change shall be effective as soon as it has been as updated on the Terms of Service. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
6. MODE OF PAYMENT
Clients shall make all payments relating to the service of presentation template creation, through the Website as mentioned in clause 2 (b). Any action that encourages or solicits complete or partial payment outside of the Website is a violation of this Agreement. To process financial transactions on the Website, we use third-party payment processors, namely ‘Paypal’ and ‘Two Checkout’. The processing of payments or credits, as applicable, in connection with your use of the Website will be subject to the terms, conditions and privacy policies of the Payment Processor and issuer in addition to this Agreement. All payments made shall be subject to realization and the Website is not responsible for any technical or non-technical payment failure. The Website is also not responsible for any errors by the Payment Processor.
7. USER’S OBLIGATIONS
The User agrees and acknowledges that he/she is a restricted User of this Website, and that:
a. You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
b. You agree to comply with all local laws and regulations governing the use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
c. You undertake not to:
i) Cut, copy, distribute, resell, recreate, reverse engineer, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
ii) Access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
iii) Use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; or (ii) any other party’s use and enjoyment of Company’s services;
iv) Use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
v) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
vii) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
viii) download any file posted on the Website or the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
ix) Probe, scan or test the vulnerability of the Website or any connected network, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
x) disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website or any affiliated or linked Websites;
xii) violate any applicable laws or regulations for the time being in force within or outside your home country;
xiii) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiv) threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
xv) Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.
a. All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including the professional PowerPoint / Keynote themes, Diagrams, info graphic charts, icons, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website.
b. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or template or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
10. COPYRIGHT COMPLAINTS
a. Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, You represent and warrant:
(i) You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
(ii) All information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
(iii) The information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited.
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to creation of high quality professional PowerPoint / Keynote themes, Diagrams, infographic charts, icons which are editable in PowerPoint / Keynote.All rights in this paragraph are granted without the need for additional compensation of any sort to you.
11. GEOGRAPHICAL EXTENT
The Website can be used in India and abroad. You are solely responsible for compliance with necessary laws and regulations for use of the Website from any other country outside India.
a. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website.
b. We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made Us in connection with any claim arising from or related to:
a. Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
c. Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
14. DISCLAIMER OF LIABILITY
The Company will not be responsible for any damage suffered by Users from use of the services on this system. This without limitation includes any losses resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/ omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
The Website is just a provider of service with respect to creation of Presentation Templates. It is the sole discretion of the User to use the services from the Company. Any Coupons/Discounts/Promotional Schemes provided on the Services are at the sole discretion of the Company/Website. The same shall be the liability of the User. In particular, neither the Website/Company shall be liable in any way to you or to any other person, company or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any service. User reviews are provided for informational purpose only. User reviews reflect the individual reviewer’s results and experiences only and are not verified or endorsed by the Company/ Website.
15. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Kozhikode, India . The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Kozhikode, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
17. MISCELLANEOUS PROVISIONS
(b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
(c) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.