The website www.speechify.in ('Site' it includes all softwares and related programs, concepts, formats, plans, facilities etc.) is owned and operated by New Speechify. ('the Owner', 'we', 'us', 'our') an entity registered in New Delhi, India. Please read the Terms & Conditions below ('User Agreement') before you use or access the Site or person whose behalf you are accessing the site. By registering with us (by creating a user account, booking a demo lesson, taking paid lessons), you and the person on whose behalf you are accessing the site must first agree to be bound by and to abide by the Terms & Conditions /the User Agreement. In the user agreement, New Speechify and Speechify has been used. Both of these refer to same entity. We may make changes to the User Agreement at any time by posting them to this page. It is your responsibility to make sure that you are aware of the same by checking for any changes on a regular basis. Changes will become effective as soon as they are posted and shall apply to you regardless of when you had registered and made payment. If you use or access the Site after the changes to the User Agreement have been posted, it means that you have reviewed and accepted any and all such changes. Before you continue, you should read the User Agreement carefully and only then proceed further to exercise your option of, whether or not to accept the same. If you do not accept the User Agreement, please do not register with site. By registering on the site, you are accepting the Terms & Conditions/User Agreement, a binding agreement shall arise between you and us which shall be governed by the laws of India. You may not enter into the User Agreement, if: • You are not of the legal age of entering into a binding and legal contract; or • You are a person barred under the laws of India or other countries including the country in which you are resident or from which you use the Site, from using or accessing the Site. User Agreement 1. This User Agreement includes, inter-alia, all the rights, remedies and obligations between the parties, the limitations and exclusions and also the governing law and dispute resolution agreement. 2. Although a minor can use the site as a user, registration and payment process to any facility at the site should be completed by a parent/guardian or any other person who is of a legal age to enter into a contract on behalf of the user. 3. You, by accepting the User Agreement and registering yourself with the Site shall be granted a permissive, limited, non-exclusive license to access and use the Site, in accordance with this User Agreement, upon payment of applicable Charges for and in accordance with the terms and conditions for different facilities available on the Site. 4. You agree to provide true, accurate, current and complete information about yourself (such information being "Your Data"), and maintaining and promptly updating Your Data to keep it true , accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use or access of the Site (or any portion thereof) without any liability to you. 5. You understand and agree that we may disclose personally identifiable information or data/ Your Data if required to do so by law or in the good faith and belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of the Company, of our users, and /or the public. 6. You are solely responsible for maintaining the confidentiality and secrecy of your account(s), password, for restricting access to your computer or mobile device and for all activities and liabilities associated with or occurring under account (s) and password (s) including Your Data. You will not share your account or any information related therewith with other person(s). The account is neither transferable nor assignable. You will be fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with your obligations. Users of public or shared computers or unprotected mobile devices should logout at the completion of each visit to our site. 7. If you find that you are a victim of identity theft and it involves a Speechify account, you should notify our customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. Speechify reserves the right, without being obliged to do so, to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Speechify is not obligated to credit or discount a membership for holds placed on the account by either a representative of Speechify or by the automated process of Speechify. 8. On registering with the Site, you will have the permission to use or access the different facilities offered by making payment of charges (plus taxes etc. as applicable) ("Charges") for each facility as provided on the Site and on your agreeing to be bound by and to abide with the terms and conditions specifically given on the Site for such facilitates, in addition to the terms of this User Agreement, which you hereby do, unless you have opted for the free trial/ evaluation version of the facility. 9. Upon receipt of the Charges we agree to let you use and access the facility for which you have paid Charges. Payment of Charges shall not entitle you to use or access other facilities on the Site. It shall be our sole discretion whether or not to permit you to use or access the other facilities on the Site even after you have paid the Charges. 10. We encourage the use of our service through free trial. Free trial is only available to first time customers of the Speechify service and cannot be combined with any other offer. You can avail of the free trial by registering yourself, without payment of any Charges. Once the free trial comes to an end you shall be permitted to use or access the facility only upon payment of applicable Charges. The User Agreement shall be binding even during the free trial. No user can use the free trial more than once, for any facility. The free trial may not have all the benefits as are attached to a regular paid version. The free trial offered may be different for persons of different countries. It is advisable to see our refund policy before making the decision of whether or not to use the free trial. Refund Policy can be found at the end of this user agreement. 11. You will have to pay the Charges in accordance with the terms mentioned for each facility that you may chose to avail, as published on the Site. The Charges may be changed at any time without prior notice. The change in the Charges will be notified on the Site and may be communicated to you by e-mail. The changed Charges shall be applicable as soon as they are notified on the Site. All further payments shall have to be made as per the Charges applicable at the time of making the payment. Speechify reserves the right to offer promotions periodically to certain group of customers and thus not available to all customers. The refund policy is given at the end of this agreement and it is recommended that you see the same before making any payment. However, in case the Site is pulled out or discontinued, the Charges paid shall be refunded proportionately after taking into account the usage (number of lesson for which appointment was booked and not cancelled) by the user. 12. You must at your cost and expense obtain, maintain and provide all equipment necessary to use the Site, including a computer and modem, mobile telephone or other appropriate access device. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access and use of the Site. If any alteration in the whole or any part of the Site requires changes in your hardware, software or other equipment, you must effect these changes at your own cost and expense. 13. In order to provide you with easy access to your account, we will place a cookie (a small text file) on any computer from which you access the Site. This cookie is used to identify you throughout the Site. This cookie will be destroyed when you close the browser or logout of the Site. 14. The Site shall be used and accessed exclusively by user whose details are given at the time of creating user account. 15. You understand and accept that use or access of the Site is entirely at your own risk. 16. The use or access of the Site is permissive. We reserve the right to withhold our permission to the access or use of the Site in the event that you fail to pay any part of the Charges as and when the same becomes payable or if in our opinion the use or access of the Site by any user is in any way harmful or if there is any misuse or unauthorized use of the Site by the user. 17. We shall endeavour to provide 24x7 Site availability. However, the user may not at all times be able to use or access the Site or use the facilities. This may happen due to various reasons. No claim shall be made against us for failure of technology, inability to connect to the Site, inability to receive or submit content or to use the facilities or any one of them. In case of any such event taking place you can send us an e-mail or contact us at newspeechify@gmail.com and we shall take all possible measures to address the problem at hand. 18. We use a combination of proprietary technology and licensed products that require collaboration with third parties. Although due care has been taken in integrating the solution and it is our endeavor to maintain continual access, we do not guarantee 100% uptime. 19. You have authorized us to record, save and preserve for as long as we desire, without in any manner being obliged to do so, the inter-active session of the user on our Site and live lessons with teachers. 20. You agree that we are only providing the Site. All persons, except where expressly stated otherwise in writing, with whom the user shall be inter-acting with on the Site while using or accessing the same including the facilities, are third party contractors (includes without limitation Gurus, teachers, consultants, counselors, etc.) who have been engaged to, as far as possible, assist the user with their individual requirements. The third party contractors are not our agents, employees, representatives etc. We make no representation and give no warranty in respect of such third party contractors, or any of them, in any respect. We do not in any manner represent, assure or warrant that with the use or access of the Site and/or the interactive session of the user with any third party contractor the user would gain some special advantage or make him/her perform better than what he/ she was already doing and/or that the user would maintain or sustain his/her current performance. We have no control either on the user or on the content they submit. We do not endorse or certify as correct any view, information, content etc. submitted or given by the third party contractor or other users or contained in any site or page, the link of which is given by them (third party contractor) or other users. You will not hold us responsible for your reliance on such views, information, content etc., which shall be at your sole risk. You are not in any way obliged to reply upon or to follow or act upon or to omit to do something on the basis of such view, information, content etc. submitted or given by the third party contractor or other users or contained in any site or page, the link of which is given by them (third party contractor) or other user. 21. Although reasonable care, considering the Charges being paid by the user, has been taken to engage third party contractors we cannot, in any manner be responsible for them or their performance or behavior or the content submitted by them. Should the user at any point of time feel that the third party contractor is not good or the conduct of such third party contractor is not acceptable or is objectionable we should be notified without promptly without any delay and we shall take all steps to resolve the concern of the user. 22. We are not going to monitor the content. We have no control over the content that will be submitted or exchanged between the third party contractor and the user. You agree not to hold us responsible, in any manner, for the content. You alone are responsible for the content you submit on the Site. We are neither responsible for the content submitted by you nor for that submitted by any third party contractor. In case, you find any content objectionable bring it to our notice and we will after evaluating whether or not it is objectionable, take suitable preventive measures, as far as possible, to avoid the same. 23. Where the user is a minor, we strongly advise parental control. 24. You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by us. You specifically agree not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers) and that you shall ensure that you comply with the instructions set out and present on the Site. 25. You shall use the Site for permitted and lawful purposes only. You are solely responsible for the knowledge of and adherence to all applicable laws, rules, and regulations pertaining to your use of the Site. You agree that you will not in any way (i) engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site) or interferes with the ability of others to access or use the Site; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users ability to access or use the Site or the services; (iii)claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; (iv) claim any relationship with the Site, us, owners, New Speechify, New Speechify representatives, employees etc. 26. You agree that you will treat all third party contractors and other users of the Site with respect and not use obscenities on the Site, make threats, or discuss matters other than those directly related to the subject matter of the facility concerned . You agree that you will neither solicit any personal information or any other information unrelated to the facility for which the third party contractor is assisting you, from any third party contractor nor shall you disclose any such information to them or any of them. If any third party contractor ever discloses such information to you or asks you to disclose such information you agree to immediately report this to us by phone and in writing. Neither shall you ask the third party contractor for any offline meeting or conversation (includes any conversation or meeting other than on the Site) nor would you agree to any such request by any third party contractor. You shall promptly notify us in writing and by phone if any such request is made by any third party contractor. 27. You shall not reproduce, duplicate, copy, sell, trade or resell the Site or its contents for any purpose. 28. Although as an online service provider, we are not responsible for the conduct of our users or of the third party contractors, we want the Site to be a safe place on the internet. Therefore, in using the Site you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Site to: • Use or access the Site in any manner, directly or indirectly, other than what is permitted by us; • Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; • Harm minors; • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes, but is not limited to (a) Using the Site to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (b) Sending messages to distribution lists, newsgroup aliases, or group aliases; • Harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; • Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; • Use automated scripts to collect information from or otherwise interact with the Site; • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, uploading photographs of celebrities in your profile, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; • Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; • Solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes; • Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or to utilize the service on an AS IS basis as provided by us; • Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; • Intentionally or unintentionally violate any applicable local, state, national or international law; • Upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; • Intimidate, stalk or harass another; • Use or attempt to use another's account, service or system without authorization from us, or create a false identity on the Site; • Commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Site or otherwise; and • Upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or accessing enjoying the Site, or which may expose us or its users to any harm or liability of any kind. 29. You acknowledge and agree that the Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that we own all legal right, title and interest in and to the Site, including any and all intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Site may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent. Nothing in this User Agreement gives you a right to use any of New Speechify's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. New Speechify and all New Speechify logos and banners are trademarks of New Speechify and are protected under applicable laws. All other brand names and trade marks that appear on this Site are trademarks or trade names of their respective holders. No permission is given in respect of the use of any of these brands or marks and any such use may constitute an infringement/passing off of the holder's rights. Except where otherwise specified, all rights, copyright, intellectual property rights, title and interest in the Site Content is owned by us or our licensors and is protected by Indian and international intellectual property laws. 30. You agree that in using the Site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos or may amount to infringement of any such rights, you alone shall be responsible for any claims in this regard. 31. You are yourself responsible for protecting and enforcing any intellectual property rights in the content you submit on the Site. We are not responsible for protecting or enforcing the said rights, if any. We do not admit or acknowledge any such rights. 32. You shall not post, use for yourself, modify, distribute, or reproduce in any manner any copyrighted material, trademarks, or other proprietary information belonging to us or to others. It is the policy of New Speechify to respect the intellectual property rights of others. New Speechify does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. New Speechify Copyright Agent for notice of claims of copyright infringement can be reached as follows: D-331, 2nd Floor, Vivek Vihar- Phase 1 New Delhi 110095 Email: newspeechify@gmail.com Mobile : +91-7303486643 33. The Site or third parties (including other users and third party contractors) may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that we neither have control over such sites and resources nor are we responsible for the availability of such external sites or resources. We neither endorse and nor are we responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, links, goods or services available on or through any such site or resource. 34. All the content on the Speechify Web site including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of New Speechify, or its suppliers and is protected under applicable intellectual property laws and/or common law. The compilation of all content on this Site is the exclusive property of New Speechify and is protected under applicable intellectual property laws and/or common law. Content shall not be reproduced without express written permission from New Speechify, or its suppliers. 35. We grant you a personal, non-transferable and non-exclusive right and license to use the Site on a single computer; provided that you do not (and do not allow any third party to) to directly or indirectly copy, modify, create a derivative work of, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or available through the Site. You agree not to modify the Site in any manner or form, or to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. You agree not to insert any code or product or to manipulate the content of the Speechify Web Site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Speechify reserves the right to terminate your membership hereunder if Speechify, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of the content provided to you by us or the copying or unauthorized use of our proprietary content. The use of the Speechify service is solely for your personal and non-commercial use. 36. You agree not to 'frame' or 'mirror' any content or third party content contained on or accessible from this Site on any other server or Internet-based device. 37. The content on the Site includes any documents, information, databases, software, graphics, chat forums, images, designs, layouts and all other features and material found on www.speechify.in and in any newsletters and other documents issued by us, both in printed and electronic formats. 38. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: • Comply with legal process; • Enforce the terms of the User Agreement; • Respond to claims that any Content violates the rights of third parties; • Respond to your requests for customer service; or • Protect the rights, property, or personal safety of e-Age, its users and the public. 39. New Speechify, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send or receive including those sent or received from or to the third party contractors ("Content"), including, without limitation, responses to questionnaires or through postings to the Speechify Web Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site or other web sites. Furthermore, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. You agree that technical processing and transmission of Content may involve transmissions over various networks and changes to the form. 40. No Site Content may be modified, enhanced, edited, altered, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Except for your own use, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement, and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and the applicable communications regulations and statutes. Nothing in this agreement shall be construed as conferring on you or on the nominated user any license to intellectual property rights, whether by estoppels, implication or otherwise. This license to use or access the Site is revocable at any time without notice, and with or without cause. 41. We may provide you with access to some parts of the Site without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. In appropriate cases, identification may be based on data identifying your mobile telephone or communications subscription number/IP address provided by your network operator. You agree that such information may be collected and disclosed to us and used by us. However, you have no right to access or use the Site or to continue doing so without complying with the registration procedure and making the payment of Charges. 42. We distribute subject content, and other animations and we reserve the right to display and promote the content or other information on our Web Site to you in any manner we choose in our sole and absolute discretion. In addition, the Speechify Web Site allows you and other third parties to post comments, give feedback concerning the services offered, third party contractors , and subject content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by the third parties on the Speechify Web Site are those of the respective authors or producers and not of New Speechify, or its shareholders, directors, officers, or employees. Under no circumstances shall New Speechify, or its owners, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Speechify Web Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Speechify Web Site. 43. New Speechify does not accept unsolicited ideas for use or publication, and is not responsible for the similarity of its content or programming in any manner to materials or ideas transmitted to New Speechify. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against New Speechify and its affiliates regarding the use of such materials and ideas, even if the material or an idea used is substantially similar to the idea sent by you. 44. You understand that all information which you may have access to as part of, or through your use of, the Site are the sole responsibility of the person from which such content originated and we are in no way responsible for the same. 45. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content that you create, transmit or display while using the Site and for the consequences of your actions (including any loss or damage which we may suffer) by doing so. 46. We reserve the right (but we are not obliged) to read, edit, amend, add to or otherwise screen submissions to ensure compliance with the User Agreement and the intended use of the Site. 47. We reserve the right (but we are not obliged) to block or remove submissions which in our sole opinion breach the User Agreement or do not comply with the intended use of the Site. 48. We take no responsibility for any software or other materials whatsoever provided by you for inclusion on the Site that are lost or damaged in transit or during loading onto the Site. No material will be returned and it is your responsibility to forward only duplicate material for inclusion on the Site. 49. Recognizing the global nature of the Internet, you agree to comply with all applicable laws, statutes, regulations, rules and codes regarding online conduct and acceptable Content and use of relevant Channels. 50. We reserve the right to terminate or restrict your license to use or access the Site without notice, for any or no reason whatsoever. In case, we terminate your license to use or access the Site for any reason attributable to you, which reason will include but shall not be limited any breach of the terms of the User Agreement, then, you shall not be entitled to and shall not claim any refund of Charges paid by you. However, if we terminate your license to use or access the Site for any reason which is not attributable to you, we shall refund the proportionate Charges after taking into account the number of lessons booked and not cancelled by user with the third party contractors. The license / the account shall account terminate forthwith on the death of the user. The registration is not inheritable. 51. On the completion of the duration for which you, have paid Charges, your right to use or access the Site shall come to an end unless you pay the applicable Charges and renew the license to such use or access. 52. Termination of your use and access license shall not absolve you or the nominated user of the accrued liabilities/ obligations in terms of the User Agreement. 53. On termination of your license to use or access the Site you shall forthwith discontinue any use or access to or of the Site, directly or indirectly, in any manner whatsoever, regardless of any dispute about the legality or validity of the termination. Your user account and password shall be de-activated. Any use or access of the Site shall be illegal and unauthorized and you shall be liable to compensate us for the same. 54. By accepting this User Agreement, you agree to indemnify and otherwise hold harmless New Speechify, its owners, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Site; ii) unauthorized access to or alteration of your communications with or through the Site, or iii) any other matter relating to the Site. Any business transactions which may arise between users from their access or use of Site are the sole responsibility of the users involved. 55. By using the New Speechify service, you consent to receiving electronic communications from New Speechify. These communications may include information about your account and information concerning or related to the Site, such as featured content or other announcements, or offerings. These communications are part of your relationship with New Speechify and you receive them as part of New Speechify subscription. We may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices generally on the Site. Notices to you may be made via email, mobile SMS or regular mail or by simply posting them on the Site. You agree that such notices by email, mobile SMS or regular mail, and such display of notices or links to notices generally on the Site, will constitute sufficient and adequate notice to you of the matters contained therein and will satisfy any legal communication requirements, including that of such communication being in writing. 56. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice, for any reason whatsoever, whether generally or limited to you only. You agree that we shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Site, except as otherwise expressly provided in the User Agreement. We may at our sole option and discretion, without being obliged to do so, add the facilitates on the Site or withdraw any or all the facilities exiting or added by us on the Site, at any time, without any notice. 57. You hereby indemnify and agree and undertake to at all times keep us and our owners, staff, employees, agents, representatives, managers etc. indemnified, without any limitation, for any cost, expenses, damages, loss etc. we or any one of us may suffer or incur due to any and all claims, demands, disputes, etc. made or raised by any person (s) on account of your and/or the nominated user's direct or indirect use or access of the Site or submission or receipt of Content and/or breach of any term of the User Agreement. 58. You understand and agree that we are providing the Site on an "as is" and "as available" basis and that we do not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users including nominated users and third party contractors. We assume no responsibility for the accuracy or existence of any communications between users including nominated users and third party contractors. We expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We makes no warranty that (i) the Site will meet your requirements, (ii) the Site use or access will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or through the use or access of the Site shall create any warranty not expressly stated in this User Agreement. 59. We provide the Site in good faith but we make no representations or warranties that the content and submissions on the Site are true, reliable, accurate or complete, or of their usefulness for any particular purpose. We make no representation and we do not give any warrant that the Site or Content will be free from viruses or other harmful properties. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through the Site or Contact are free from such contaminations or viruses or other harmful properties. You acknowledge and agree that you bear full responsibility for the use you make of all content and submissions on the Site and that we shall not be liable for any action that you or others take or do not take based on your use of or reliance on information provided by us or other users of this Site. 60. You expressly understand and agree that we and our licensors, suppliers, vendors, owners, subsidiary and related companies, affiliates, officers, agents and employees etc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting, inter-alia, from: • The use or access of the Site or the inability to do so; • The cost of procurement of substitute services like the Site; • The failure to get a third party contractor when you log in or use or access the Site or any failure on the part of the third party contractor or any conduct unbecoming by the third party contractor; • Unauthorized access to or alteration of your content and submissions on the Site; • Statements or conduct of any third party or the third party contractors on the Site; • Any other matter relating to the use or access of the Site. The effect of what is set out here is that you agree that under no circumstances will we be held liable for any direct, indirect, incidental, foreseeable, unforeseeable or consequential or other type of loss, injury, claim, liability or damages of any kind resulting from your direct or indirect use or access to or of the Site. You acknowledge that the disclaimers and exclusions of liability set forth in the User Agreement represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law. 61. The User Agreement and the relationship between you and us shall be governed by the laws of India without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located at New Delhi, India alone. 62. Any and all disputes arising out of or in relation to or in connection with the User Agreement or in relation to the use or access of the Site by you shall be referred to the arbitration of a sole arbitrator. The sole arbitrator shall be appointed/ nominated by New Speechify alone. The award of the sole arbitrator shall be final and binding on the parties. The arbitration proceedings shall be conducted in accordance with the Arbitration & Conciliation Act, 1996 or any re-enactment or modification thereof for the time being in force. The language of proceedings shall be English. The venue of arbitration proceedings shall be New Delhi, India. 63. The failure or forbearance by us to exercise or enforce any right or provision of the User Agreement or any partial exercise or enforcement of such right shall not constitute a waiver of such right or provision or any part thereof. If any provision of the User Agreement is found by the arbitrator to be invalid, the parties nevertheless agree that the arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect. 64. We control and operate this Site from India. If you use this Site from outside India, you are entirely responsible for compliance with all applicable local laws, rules, regulations etc. 65. This User Agreement constitutes the entire agreement between you and us and governs your use and access to the Site, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. All prior agreements, undertakings, negotiations or representation, whether oral or in writing, relating to the subject matter hereof are superseded and cancelled in their entirety. 66. New Speechify employees, staff and contractors are expected to follow a code of conduct that demonstrate a high level of integrity and professionalism in dealing with customers, vendors and partners. New Speechify staff interacting with customers on a day to day is especially trained and the daily activity report is reviewed by senior members of New Speechify staff with emphasis on resolving the customer issues promptly and amicably. New Speechify management views any violation of code of conduct seriously and immediate administrative action is taken if anyone if any of its staff members Is found guilty of violating the conduct. We make every endeavor to keep track of any violations. Should, you, however face any issues, please send us an email to newspeechify@gmail.com immediately.
