Terms of Use

1.

The User may be required to open an account with the Company by providing certain information and data as part of the registration process to avail of the Services / in order to continue to avail of the Services.

2.

The User is solely liable and responsible for any and all data and information provided by the User (including the authenticity and verifiability thereof). The User confirms that all data and information provided by the User to the Company or to any third parties through the Company’s platforms shall at all times be complete, accurate, correct, true and updated / latest. If the User provides any data or information that is incomplete, inaccurate, incorrect and / or false in any manner and / or if the Company reasonably assesses the User of being non-compliant with any applicable law in any manner, the Company reserves the right to reject or suspend the User’s registration and account and may also refuse to provide the User with access to its platforms / Services. The User agrees to unconditionally indemnify, defend and hold harmless the Company from any2and all claims arising out of or in connection with any data or information provided by the User to the Company or to any third party in connection with the use of the Company’s platforms and / or Services. The User may update any data or information provided to the Company in the account section of the User on the Company’s platforms. To the extent the User chooses to delete any of its information or data on the account, the User acknowledges that the Company may require reasonable time to process such deletion. The Company reserves the right to maintain a backup of the User’s account and information / data, as required under applicable law and / or for internal operations.

3.

We urge Users to keep all User data confidential (including specifically the login and password details for the account maintained with the Company, and any activities relating to the User’s accounts). The Company explicitly disclaims all liability arising out of or in connection with the User’s failure to protect its data / information (including the login and password details of the User’s account(s)). Please contact the Grievance Officer in case you suspect a breach or would like to block your account.

4.

The User hereby provides to the Company an irrevocable, royalty-free, non-exclusive, worldwide, perpetual, and sub-licensable right to exercise the copyright, publicity and database rights in the data and information provided by the User to the Company / data and information of the User contained in / accessible through the Company’s platforms during the use of the Services, in order for the Company to be able to use such data for the provision of the Services. To further clarify, in order for us to provide the Services, the Users shall need to provide us with information / data (including business, financial and operational information and data), passwords, usernames, personal identification numbers, etc. and the Users hereby grants the Company to license and right to utilize all such data and information for and on the Users’ behalf, for the purposes of provision of the Services.

5.

In using the Services, you grant the Company a limited, worldwide, non-transferable, non-exclusive, non-sub licensable, royalty-free license to use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and make derivative works of your data solely in order to enable you to use the Services. The Company shall have the right to aggregate and anonymize your data and to publish such aggregated and anonymized (non-personally identifiable) data (or) benchmark studies. Further, the Company may use your name in any of the customer lists and testimonials, solely for the purpose of identifying you as a customer of the Company.

6.

The User is solely responsible and liable for its data and information, and undertakes not to publish, disseminate, deal in, transmit, update, download, share, etc. any information or data that: (i) belongs to any person other than the User or infringes any intellectual property or other rights of any other person, (ii) is harmful, deceptive, menacing, derogatory, defamatory, harassing, obscene, seditious, libellous, hateful, objectionable, disparaging, unlawful, or is capable of inciting any behaviour of the nature stated above(including encouraging money laundering, gambling or any morally objectionable acts),3(iii) may cause harm in any manner to any person (including specifically minors), (iv)impersonates any other person, (v) contains malware, viruses or contains the potential to disrupt or adversely affect or impact the functioning of any computer resource or platform or business, (vi) is or may be construed to be a threat to the security, sovereignty, unity, integrity, defense, etc. of the Republic of India or any other nation-state or threatens in any manner any relationship that any nation-states may have with each other. To the extent that the Company finds or believes the data / information / content shared by the User to be objectionable, the Company shall have the right at its sole discretion to remove / edit such information. Users may report any objectionable behaviour / acts on the platforms of the Company to the Grievance Officer.

7.

The User agrees that: (i) any data belonging to the Company may be accessed by the User only for personal purposes and not for any other use (including commercial or business use), unless consented to by the Company, (ii) it shall not access or attempt or threaten to access any of the Services except through the interface and platform provided by the Company, (iii) it shall not engage in any disruptive activity that could affect or impact the Services or platforms of the Company in any manner, (iv) duplicate, replicate, deal with, sell or license onwards in any manner any Services being provided by the Company.

8.

The Company reserves the right to share any information / data provided by or generated by the User with all governmental, judicial, quasi-judicial, administrative, legislative and regulatory agencies, if the need so arises.

9.

The use of the Company’s platforms and Services are at the Users’ sole risk and the Services are provided by the Company on an ‘as is’ and ‘as available’ basis and without any warranty attached thereto.

10.

The Company does not provide any warranties as to the information / content on its platforms and Services being accurate, complete or updated, the use of the Services being uninterrupted, timely, secure or free from error, etc. The User acknowledges that the Company shall not be liable for any damage to its computer or information technology systems or infrastructure or any loss of data that results from the download of any material from the platforms of the Company / as part of the Services.

11.

The Company disclaims all warranties of any kind, whether express or implied, including, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

12.

The User acknowledges that the Company may suspend the use of any account if it comes to the Company’s notice that a fraudulent transaction has occurred on the Company’s platforms.

13.

Certain Services or parts thereof may be supported by ad revenue and may display ads or promotions, and the User consents to the placement of such ads and promotions.

14.

In case any discounts or offers are being offered, please refer to the detailed terms and conditions on the dedicated page shared along with the offer communication.

15.

Where the Company provides a link to the websites / platforms of any third party financial institutions, the Company merely facilitates easy access for the User to make payments, i.e., any and all transactions between the User and its designated financial institutions shall strictly be between the relevant parties (and the Company shall not be privy to this / responsible for this in any manner).

16.

The Company endeavours to constantly better its Services, and accordingly, these Terms of Use may need to undergo changes from time to time. The Company reserves the right to amend, modify and restate these Terms of Use from time to time. While we will endeavour to keep you updated of any changes to these Terms of Use by way of email(in case you are a registered User), we reserve the right to notify all Users by placing a notice on our website i.e., www.bluecopa.com, which shall be deemed to constitute sufficient notice.

17.

If you do not agree in any manner with the new terms, then you are free to reject them. However, this would mean that the Company may restrict your access to the Services as it deems fit. In the event that you use / access the Services in any manner after a change to these Terms of Use, then that would constitute your consent to such amended and modified terms.

18.

Users shall need to be above 18 years of age and competent to contract under applicable laws, in order to access our platforms / avail of our Services. The User, by agreeing to be bound by these Terms of Use, hereby also represents and acknowledges that it is competent to contract (and where the User is registering itself as a business or corporate entity, that due corporate authorization has been provided to enter into these Terms of Use). The User shall be responsible for all of the User’s conduct on and the usage of the Services and our platforms. If any of the above were to be untrue, the Company may revoke a User’s usage of our platforms / Services.

19.

The Company presumes that your conduct is at all times compliant with all applicable laws, and cannot and does not accept any liability for your use of the Services in an unlawful manner.

20.

The User explicitly agrees that it shall not at any time deal in any manner (while using the Company’s platforms or Services) with the following: (i) adult goods and services, including pornographic materials (through any medium), prostitution, website access or memberships to pornographic or such other sites or applications, (ii) alcohol, tobacco or any related products, (iii) body parts / organs, (iv) spam tools / bulk marketing tools, (v)devices intended to obtain cable and satellite signals for free, (vi) any child pornographic materials or materials involving minors, (vii) copyright unlocking devices, (viii)unauthorized use of intellectual property of any person, (ix) counterfeit or fake goods without authorization of production, use or distribution, (x) drugs and pharmaceuticals(including illicit drugs) / drug test circumvention, (xi) endangered species (plants, animals or otherwise), (xii) gambling, betting, games of chance, lottery tickets, sports bets, gambling sites, poker (whether online, offline or otherwise), etc., (xiii) counterfeit documentation such as government ids, etc., (xiv) hacking materials, (xv) any type of illegal goods or goods or services enabling illegal acts, (xvi) miracle cures, (xvii)libelous, defamatory, slanderous, insulting, derogatory, etc. content, including content which could be seditious, or cause disharmony or promote or incite intolerance, hatred or violence, (xviii) offensive goods including firearms, explosives, arms, armaments, etc., (xix) regulated goods including batteries, industrial chemicals, pesticides, etc., (xx)financial products, (xxi) currencies, (xxii) animal trading, (xxiii) any illegal, unlawful or immoral business, (xxiv) any business that may jeopardize the use of the Company’s platforms or Services and that could result in losses to any person, (xxv) ambiguous /vague businesses, (xxvi) cryptocurrency, NFTs, or any virtual currency or tokens or other instruments of like nature, (xxvii) money laundering activities, etc. This list is subject to being modified by the Company from time to time without any prior notice to / consent of the User.

21.

Users are also strictly prohibited from unauthorized use of the Company’s systems or platforms, and from decompiling, reverse engineering, or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Services.

22.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

23.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, etc.(“Company Content”) are protected by intellectual property laws and belong solely to the Company. Users undertake not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Company Content not owned by the User, (i)without the prior consent of the owner of that Company Content or (ii) in a way that violates someone else’s (including the Company’s) rights.

24.

Subject to these Terms of Use, the Company hereby grants each User of the Services a limited, worldwide, non-exclusive, non-sublicensable and non-transferable license to use(i.e., to download and display locally) Company Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Company Content for any purpose other than using the Services is expressly prohibited without prior written consent of the Company.

25.

The Users understand that the Company owns the Services. Users shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this clause), create derivative works based on, or otherwise exploit any of the Services. The Services may allow Users to copy or download certain Company Content, but all the restrictions in this clause shall still apply.

26.

Each User hereby represents and warrants that: (i) the User is competent to contract and fully eligible to avail of the Services / use the Company’s platforms, (ii) the User is an Indian resident with valid credentials and is legally eligible to carry on business in India,(iii) all information, data and documentation provided by the User to the Company at any and all times are true, accurate, correct and genuine (and that the Company shall not be responsible or liable for its genuineneness, authenticity or veracity), (iv) the User shall be liable for all liabilities arising in connection with the information / data provided by the User, (v) the User is solely responsible for understanding and complying with all applicable laws, (vi) the User’s information technology systems and infrastructure are compliant with all applicable data security standards, (vii) the User shall use the Company’s platforms and avail of the Services per the terms mandated by the Company and for no other purpose, (viii) the User shall not engage in any restricted actions (as setout above) when availing of the Services or using the Company’s platforms, (ix) the User understands that all data, information, inventions, intellectual properties, know-how and processes, etc. used in the Company’s platforms or Services shall be the sole property of the Company, (x) the User shall cooperate at all times with the Company to ensure compliance with these Terms of Use and all other policies of the Company, and (xi) the User shall at no time exploit (whether for monetary gain or otherwise) any feature of the Company’s platforms / Services provided by the Company that are intended to facilitate functioning of the business of the Company / services of the Company in ordinary course(including any schemes, discounts, offers, etc.).

27.

The User agrees to indemnify, defend and hold harmless the Company, its founders /promoters, directors, employees, officials, agents, affiliates and representatives, from any and all losses or liabilities (including any claims, demands, proceedings, actions, etc.)arising out of or in connection with: (i) any discrepancy in the documents / data /information submitted or provided by the User to the Company, (ii) fraud and / or negligence and / or misconduct by the User when using the Company’s platform or7Services or otherwise that could impact the Company adversely in any manner, (iii)violation of any applicable law by the User, (iv) breach of these Terms of Use (or any part hereof), (v) breach or inaccuracy of the representations and warranties of the User,(vi) fines / penalties / charges imposed by any third party on account of transactions by the User on the Company’s platforms / when availing of the Services.

28.

The Company shall at no time be liable (whether by itself or through its founders /promoters, directors, employees, officials, agents, affiliates or representatives) for any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by the User (including any loss of profit, any loss of goodwill / business reputation, loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss)

29.

The User acknowledges that a breach of these Terms of Use or any policies of the Company shall cause irreparable harm and damage to the Company, Accordingly, indemnity shall not be deemed to be an exclusive remedy but shall be in addition to all other remedies available under applicable law or in equity.

30.

The User may have access to certain confidential and proprietary information belonging to the Company and / or other persons, and the User hereby agrees to keep all such information in strict confidence and shall not disseminate or use such information in any manner other than as expressly permitted by the Company. It is clarified that the following shall form exceptions to the confidentiality provision hereunder: (i)information which is, or becomes available to the public through no fault of the User, (ii)information disclosed pursuant to applicable law, any governmental, judicial, quasi-judicial, administrative authority, provided that the Company shall be intimated prior to such disclosure having been made.

31.

The Company collates information about the Users’ use of the Services; and may use the same for statistical appraisals / analyses or other reasons of like nature, while endeavouring to ensure that there shall be no revelation of any personal data belonging to the Users.

32.

The User shall pay the Company a fee for the use of Services (“Fees”). The Company reserves the right to revise applicable Fees from time to time, and shall keep the User informed of such revisions within a reasonable period of time. The Company shall not be liable in any manner for any delays / system failures / breakdowns / issues on account of (i) scheduled or unscheduled downtimes at the end of any third party that forms part of the chain for the provision of Services, and / or (ii) any virus attack, contaminants, software / security breaches, or other events of like nature. The Users shall bear and be8liable for the payment of all relevant taxes in relation to the payments made under these Terms of Use. The Company shall be entitled to charge applicable taxes on the Fees from time to time. In cases of any disputes concerning Fees payable or the settlement procedure, please reach out to the Grievance Officer.

33.

The Company reserves the right to suspend User accounts (or to close or limit the usage in any manner) at its sole discretion, including for the following reasons: (i) User breaching these Terms of Use or the other policies of the Company in any manner, (ii)User providing incorrect data or information to the Company and / or (iii) User being in violation, or having violated any applicable laws or guidelines.

34.

Please raise a ticket with our Grievance Officer in case you face any technical difficulties or issues while availing of the Services.

35.

The Company shall not be liable in any manner if the performance of any of its services or actions are delayed as a result of a force majeure event which means and includes any event that is not in the Company’s control, including but not limited to war, acts of god, directions under law or judicial authorities or the like, hostilities, armed conflict, act of foreign enemies, riots, insurrections, labour stoppages, outages and downtimes, fires, typhoons, cyclones, pandemics, etc.

36.

The provision of Services by the Company are dependent on the actions of certain third parties, including third party service providers and the User agrees and acknowledges that there may be a delay / breakdown in the provision of the Company’s Services due to any issues / breakdowns at source level.

37.

Please refer to the Privacy Policy attached with these Terms of Use for details in this regard. The details of the Grievance Officer are also provided in the Privacy Policy.

37.

These Terms of Use and any dispute or claim arising hereunder / between the Company and User shall be governed by and construed in accordance with the laws of India.

37.

Users agree that any legal action, claim or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought exclusively in the competent9courts / tribunals having jurisdiction in Hyderabad, Telangana, India and the Users irrevocably submit themselves to the jurisdiction of such courts / tribunals.

37.

The Company and the User will make attempts to resolve all differences howsoever arising out of or in connection with these Terms of Use / the use of the Services, by discussion. If within 15 days of the commencement of the discussions the dispute is not resolved the dispute shall be referred to arbitration, provided that: (i) the arbitration shall be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996(“Act”); (ii) there shall be 1 arbitrator appointed jointly by the parties to the dispute within30 days of the reference to arbitration, failing which the arbitrator shall be appointed as per the provisions of the Act; (iii) the seat and venue of arbitration shall be Hyderabad, Telangana, India; and (iv) the arbitration proceedings shall be conducted in the English language. Notwithstanding the aforesaid provisions, in the event of any breach or apprehended breach by the User of the provisions of these Terms of Use, the Company shall be entitled, in addition to all other remedies, to an injunction, whether interlocutory or preliminary, restraining any such breach, without recourse to arbitration. Each of the rights of the Company under these Terms of Use are independent, cumulative and without prejudice to all other rights available to it.