Terms Of Service Agreement

LAST REVISION: [12-11-2020]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, [curioboat.in] (the "www.curioboat.in"). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. CurioBoat [a unit of Spaceboat Technologies Pvt. Ltd.] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. CurioBoat [a unit of Spaceboat Technologies Pvt. Ltd.] will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. CurioBoat [a unit of Spaceboat Technologies Pvt. Ltd.] encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with CurioBoat [a unit of Spaceboat Technologies Pvt. Ltd.] for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.


I. SERVICES

Terms of Offer.

By agreeing to use our services or products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation:

Unless you notify our CurioBoat's [a unit of Spaceboat Technologies Pvt. Ltd.] sales reps, while they are contacting you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] and its designated in house call team(s).

Opt Out Procedure:

We provide 3 easy ways to opt out of from future solicitations.

  1. You may use the opt out link found in any email solicitation that you may receive.
  2. You may also choose to opt out, via sending your email address to: [info@curioboat.in].
  3. You may send a written remove request to
    SpaceBoat Technologies Pvt. Ltd.,
    Instituto Hispania, Building No. 6,
    Commercial Complex,Shahpur Jat, Panchsheel Park,
    New Delhi, Delhi 110017
    Contact Email: info@curioboat.in
    Contact Number: 098116 83092].
Proprietary Rights:

CurioBoat [a unit of Spaceboat Technologies Pvt. Ltd.] has proprietary rights and trade secrets in the offered Services. You may not copy, resell or redistribute any service provided by CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.]. CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information. You do further acknowledge that your use of the Breather Spaces does not constitute the Company or the Building Owner granting you a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license on the terms of this Agreement. In its sole discretion and without limiting any of the Company’s other rights hereunder, the Company may restrict your access to the Spaces in the event of fraud, trespassing, or violation of this Agreement.


II. WEBSITE

Use of Website

CurioBoat [a unit of Spaceboat Technologies Pvt. Ltd.] is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

License

By using this Website, you are granted a limited, non-exclusive, non transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.]. Posting. By posting, storing, or transmitting any content on the Website, you hereby grant CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.


III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR SERVICES. ("SERVICES" INCLUDE TRIAL SERVICES.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THAT DEFECTS IN SERVICES WILL BE CORRECTED. REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


IV. LIMITATION OF LIABILITY

CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, FOR SERVICES PURCHASED VIA THE WEBSITE. CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT; (3) ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.], and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services (including Trial Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.]. When CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] is threatened with suit or sued by a third party, CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] may seek written assurances from you concerning your promise to indemnify CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.]; your failure to provide such assurances may be considered by CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] to be a material breach of this Agreement. CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] will have the right to participate in any defense by you of a third party claim related to your use of any of the Website content or Services, with counsel of CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] choice at its expense. CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] against any claim, but you must receive CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.


VI. PRIVACY

CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] believes strongly in protecting user privacy and providing you with notice of CurioBoat,a unit of Spaceboat Technologies Pvt. Ltd. 's use of data. Please refer to CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] privacy policy, incorporated by reference herein, that is posted on the Website.


VII. AGREEMENT TO BE BOUND

By using this Website or Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.


VIII. GENERAL

Force Majeure. CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation . CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Services.

Entire Agreement . This Agreement comprises the entire agreement between you and CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver . The failure of CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Governing Law; Jurisdiction. This Agreement, and all transactions entered into on or through this Website shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Usage Terms or any transactions entered into on or through the Website or the relationship between User and CurioBoat, a unit of Spaceboat Technologies Pvt. Ltd. shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and User hereby accede to and accept the jurisdiction of such courts. By using this Website or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

Termination . CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Website is terminated, CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use . CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] makes no representation that the Website or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. CurioBoat[a unit of Spaceboat Technologies Pvt. Ltd.] may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.