Terms of Service

Updated on June 21, 2016

1. GENERAL

Please read these terms and conditions carefully before using or accessing our Website (www.makesto.com). If you do not agree with these terms, please stop using our Website.

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of www.makesto.com.

The privacy policy is available here

2. COMPANY

The website at www.makesto.com (hereinafter referred to as "Website") is owned by Makesto Infotech Private Limited (hereinafter referred to as “Company”), having registered address at Old no 19, Flat 15, P. S. Sivaswami Salai, Mylapore, Chennai 600004.

If you need clarifications or suggestions on these Terms of Service and the Privacy Policy, you can contact the Company by:

3. OVERVIEW

For the purpose of these Terms of Service (“Terms of Service”/”Agreement”), the terms “Your”, “User”, “You” shall refer to you, the user of our services. The term "We", "Us", "Our", “Company” shall mean Makesto Infotech Private Limited.

The Company provides services through this Website, www.makesto.com, to provide you with information on our Mobile or Tablet Application called Makesto ("App"), and other relevant information.

By using or accessing Our Services, You accept and agree to be bound by this Agreement as well as the “Privacy Policy”. If You are using the service on behalf of another entity, You represent that You have the authority to accept these terms on such entity’s behalf and that the entity agrees to indemnify Us for any violation of this agreement. If You not agree to all these terms, please stop using Our services.

We reserve the right to modify the Terms of Service at any time. We will record the last modified date of this document. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, it is deemed as consent by You to the so amended policies.

4. SERVICES

We provide information about our services as well provide third-party liks that are relevant to our services. You agree that We are not resposible for the content of these third-party links and their content.

By using this Website/App, You also allow Us to display advertisements on the Website, as well as charge users for specific services.

We also provide relevant communication channels, such as email, our Facebook account, and others. Communicating with us through any of these channels will be through your own accord.

Any information you send us through our communication channels will be givered by our "Privacy Policy" and the respective policies and terms of services such as Facebook, Twitter etc.

5. LIMITED LICENSE TO USE

We grant You a personal, worldwide, royalty-free, non-exclusive, non-assignable, non-transferable, and revocable license to use Our software and Services strictly in accordance with these terms. If You are in violation of these terms, that would be deemed grounds for termination of Your account and license, as well as subjecting You to possible civil and criminal action.

6. CHARGES

The charges for using the App will be governed by the charges while installing the App from an App Store (such as Apple App Store). We do not currently have any charges for our other services. However, We reserve the right to amend this no-fee policy and charge for services in the future.

7. DISCLAIMER OF WARRANTIES AND LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE WEBSITE, APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/ APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MAKESTO INFOTECH PRIVATE LIMITED MAKES NO WARRANTY THAT

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MAKESTO INFOTECH PRIVATE LIMITED ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/ APP IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. MAKESTO INFOTECH PRIVATE LIMITED ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

8. INDEMNIFICATION AND LIMITATION OF LIABILITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/ APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/ APP, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL MAKESTO INFOTECH PRIVATE LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTUOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/ APP, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. HOSTING OF THIRD PARTY INFORMATION

The website hosts information provided by third parties. We are in no manner responsible to You for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but We are not responsible for the information so furnished. You agree to not hold Us liable for the falsification of any such provided information.

If You have queries or complaints regarding content that You find inappropriate or offensive, or if they infringe on copyrights, please write to Us with relevant details at info@makesto.com.

10. COMPLIANCE WITH LAWS

All users shall comply with all the applicable laws (including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of the Government of India) applicable to them respectively for using Payment Facility and the website/ App.

11. DISPUTES AND JURISDICTION

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.

11.1 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 who the final mediator is. The decision of the mediator is not binding on both parties.

11.2 Stage 2: Arbitration. In case that mediation does not yield a result suitable 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 Chennai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Chennai.

12. CONTACT US

If you have any questions about this Agreement, the practices of Makesto Infotech Private Limited, or your experience with the Service, you can e-mail us at info@makesto.com.