This User Agreement and Terms of Service is made on the 1st day of January 2023

Between

Blue Criteria

And:

any user of the website https://bluecriteria.in

Parties

• (1)Blue Criteria, a proprietary firm registered under the Companies Act, 2013 and having its registered office at 58/C/20, near Mahakali Waw, Bapunagar, Ahmedabad-380024, Gujarat, India (hereinafter referred to as "[PARTY A]").
• (2)Any person, entity or organization who access, browse or use the website https://bluecriteria.in, its content or services (hereinafter referred to as "[PARTY B]").

Background

1. [PARTY A] owns and operates the website https://bluecriteria.in and provides certain services through the website.
2. [PARTY B] desires to access, browse and use the website, content and services provided by [PARTY A].
3. The parties have agreed for [PARTY B] to access the website and use the services as per the terms of this agreement.
4. The purpose of this agreement is to govern the terms and conditions under which [PARTY B] may access and use the website, content and services.
5. [PARTY B]'s agreement to be bound by the terms shall be sufficient consideration for [PARTY A] to provide access to the website and services.
6. This agreement shall take effect and be interpreted according to the laws of India and the courts of Ahmedabad, Gujarat shall have exclusive jurisdiction over any disputes arising out of this agreement.

1. Definitions

1. "Agreement" means this User Agreement and Terms of Service.
2. "Website" means the website located at the URL https://bluecriteria.in and any successor website.
3. "Services" means the features, content, applications, services, products, tools and/or resources provided by [PARTY A] on or through the Website.
4. "Party A" and "Party B" shall have the same meaning as defined in the Parties section of this Agreement.
5. "User", "You" and "Your" means the person/entity accessing or using the Website and/or Services.
6. "Content" means text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, information and other materials and services that are submitted, posted, uploaded, displayed, published or transmitted on the Website.
7. "Acceptable Use Policy" means the rules for use of the Website and Services as set out in the Usage of Website section of this Agreement.
8. "User Content" means any content posted, uploaded, published, submitted or transmitted by a User to be made available on the Website.

2. Acceptance of Terms

1. By accessing or using the website, the user agrees to be legally bound by the terms of this agreement.
2. The user represents that they are sufficiently aged and have necessary legal capacity to understand and agree to the terms.
3. [PARTY A] reserves the right to change or modify the terms of this agreement from time to time at its discretion and the user's continued use of the website following such changes shall constitute deemed acceptance of the modified terms.
4. The user may withdraw consent to be bound by the terms by discontinuing use of the website.
5. This agreement shall be governed by and construed in accordance with the laws of India and the courts of Ahmedabad, Gujarat shall have exclusive jurisdiction over any disputes arising in relation to the interpretation or enforcement of this agreement.

3. Eligibility

1. Age Restriction. Users must be at least 18 years of age or above to access and use the website and services. Children below 18 years of age are strictly prohibited from using the website and services.
2. Compliance with Laws. Users shall access and use the website and services only in compliance with all applicable laws, rules and regulations.
3. Prohibited Users. [Party A] may prohibit, suspend or terminate the access or activities of any user who is a sex offender or has been previously banned, suspended or prohibited from using the website.
4. Accuracy of Information. Users shall provide accurate, truthful and complete information about themselves during registration and shall update such information if any changes occur. Providing inaccurate, untruthful or incomplete information shall result in termination of the user's access and account.
5. Compliance Monitoring. [Party A] reserves the right to check and verify users' compliance with the terms of this agreement at any time. [Party A] may take appropriate actions including suspension, prohibition or termination of access against any user found to be non-compliant.

4. Account Registration

1. Registration Process. In order to use certain services on the Website, you may be required to register and open an account ("Account") by completing the online registration form and choosing a password and username. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Blue Criteria reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password.
2. Username. You are responsible for all activities that occur under your username. Your username must comply with the content standards set out in this Agreement.
3. Password Security. You are solely responsible for maintaining the confidentiality of your password and Account and for any and all activities (including purchases, as applicable) that are conducted through your Account. You agree to immediately notify Blue Criteria of any unauthorized use of your Account or any other breach of security.
4. Account Usage. You may not use another user's Account without permission. You must provide accurate and complete information. You are solely responsible for any and all content you post and any consequences thereof. You may not use your Account for any illegal or unauthorized purpose.
5. Termination of Account. Blue Criteria reserves the right to terminate your Account, or suspend or terminate your access to all or any part of the Website with or without notice for any reason, including without limitation, inactivity or violations of this Agreement.

5. User Conduct

1. User shall not post any content on the website that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable.
2. User shall not post any content that infringes upon any third party's intellectual property rights, including but not limited to copyrights, trademarks, patents, or trade secrets.
3. User shall not impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity.
4. User shall not interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website.
5. User shall not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
6. User shall not use the website for any fraudulent or illegal activities or for transmission of junk mail, spam, chain letters, or any other type of unsolicited mass email.
7. User shall ensure that their use of the website and conduct is in compliance with all applicable laws of India.
8. User shall not contact any other user for any unlawful purpose.
9. User shall respect the privacy, profile, homepage and preferences of other users.
10. User shall provide accurate information about themselves to the website.
11. Breach of any of the conditions under this Section 5 by the user may result in termination or suspension of the user's access or privileges to use the website.

6. Proprietary Rights

1. Ownership of Website and Content. [PARTY A] owns all rights, title and interest in the website, domain name, trademarks, logos, content, graphics, user interface, audio clips, computer code, software, and all other elements of the website. [PARTY A] owns all intellectual property rights in the website, content and services.
2. User Content. [PARTY B] retains ownership of User Content posted by them. However, by submitting the content, [PARTY B] grants [PARTY A] a worldwide, royalty-free, perpetual license to use, host, store, reproduce, modify, create derivative works of the User Content.
3. Trademarks. [PARTY B] shall not use any trademarks of [PARTY A] without prior written permission.
4. Source Code. [PARTY B] is only provided access to use the website/services. [PARTY B] does not acquire any rights to the source code of any software used to operate the website/services.

7. Content Standards

1. Prohibited Content. User shall not upload, post, publish, disseminate or transmit any content that:

1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
2. harm minors in any way;
3. infringes any patent, trademark, copyright or other proprietary rights;
4. violates any law for the time being in force;
5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6. impersonate another person;
7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

2. Accuracy of Information. User is solely responsible for the contents of the information uploaded/shared by him/her and [PARTY A] takes no responsibility for the accuracy or veracity of the same.
3. Compliance with Laws. User represents, warrants and agrees that it will not contribute any content that (a) infringes or violates the intellectual property rights or other rights of any other person or entity; (b) violates any law for the time being in force; (c) is defamatory, trade libelous, unlawfully threatening or harassing; (d) is pornographic, pedophilic or obscene; (e) violates any privacy rights; (f) constitutes incitement to commit a criminal offence; or (g) could give rise to any civil or criminal liability under applicable law.
4. Intellectual Property Rights. User retains ownership and control of all intellectual property rights in the User Content. However, by setting his/her profile to public, the User agrees to allow others to view, use, copy, transmit, print, display, perform, distribute, publish, sublicense, create derivative works from, transfer, or sell User Content subject to the terms of this Agreement.
5. Removal of Objectionable Content. [PARTY A] reserves the right to review, verify, refuse, move or remove any content available on the website without notice to the users, if deemed to be unsuitable or in violation of the terms and must take down such content within 36 hours of receiving actual knowledge of such content.

8. Usage of the Website

1. Permitted Use. User may access and use the Website and Services only for lawful purposes permitted under this Agreement. User will not use the Website or Services in any manner that violates applicable laws.
2. Prohibited Use. User shall not access or use the Website or Services for any purpose that is illegal, dangerous, fraudulent, abusive, harassing, tortious, defamatory, obscene, invasive of another's privacy or that infringes any third party intellectual property or other proprietary rights. In particular, User shall not:

1. transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature;
2. impersonate any person or entity or falsely state or otherwise misrepresent User's affiliation with a person or entity;
3. conduct any commercial activities (including advertising or spamming) via the Website or Services without prior written consent from [Party A]; or
4. violate any terms, policies or guidelines which are provided on the Website or otherwise made available by [Party A] to User.

3. Compliance with Policies. User agrees to comply with all terms and conditions of the Acceptable Use Policy and any other policies on the Website.
4. Termination of Access. [Party A] reserves the right to terminate or suspend User's access or use of the Website or Services at any time if [Party A] determines that User has violated this Agreement or engaged in any Prohibited Use.

9. Monitoring and Enforcement

1. Right to monitor use. Blue Criteria reserves the right to monitor any user activity, traffic and use of the website and services. This includes monitoring of any content posted by users.
2. Enforcement of terms. Blue Criteria may take appropriate action against any user for any breach of these terms. This may include:

1. Suspension or termination of user accounts.
2. Removal of any user content.
3. Issuance of warning to the user.

3. Blue Criteria is not obligated to monitor use or content or enforce all breaches. Enforcement shall be at Blue Criteria's sole discretion.
4. Cooperation with authorities. Users shall cooperate with Blue Criteria to enable investigation of any suspected or alleged breach of these terms or applicable laws.
5. Reservation of rights. Blue Criteria reserves all rights to take any necessary legal action against users for any breach of these terms or applicable laws.

10. Termination of Users

1. [PARTY A] may suspend or terminate [PARTY B]'s access to and use of the website, content and services with immediate effect, if [PARTY B] breaches any of the terms of this agreement including violations of the Acceptable Use Policy, unlawful activity, failure to pay any applicable fees etc.
2. [PARTY A] may also suspend or terminate access to comply with any laws, regulations, court orders or other legal obligations under applicable laws.
3. [PARTY A] reserves the right to discontinue the website or any part thereof or change or remove content or the services or any part thereof, at any time in its sole discretion with a 30 days prior notice to [PARTY B].
4. Upon termination of access, [PARTY B]'s right to access and use the website, content and services will immediately cease. [PARTY B] must destroy any copies of content in its possession or control.
5. Termination of access shall not affect any rights or obligations accrued prior to termination, including [PARTY B]'s obligation to pay any outstanding fees.

11. Disclaimers

1. Party A does not warrant or guarantee the accuracy, completeness, correctness or timeliness of any information on the website. Users use the information solely at their own risk.
2. Party A does not warrant that the website, servers or e-mail services will be uninterrupted, secure or error free. Party A may suspend access to review security or perform repairs, upgrades and maintenance.
3. The website may contain links to third party websites. Party A does not review or endorse such third party websites. Users access third party websites at their own risk.
4. Party A is not responsible for any viruses, worms or similar items that may infect user's device. Users are advised to use virus checking software to protect their system.
5. To the maximum extent permitted by law, Party A excludes all warranties, conditions and other terms implied by statutes or common law regarding the website, content and services.

12. Limitation of Liability

1. Party A shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the website by Party B.

1. Party A excludes all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

2. Party A shall not be liable for any loss or damage arising from Party B's use of or inability to use the website, content or services.

1. Party A's maximum liability shall not exceed the amount paid by Party B in the last 3 months for using the website.

3. Party A is not responsible for viruses or other code defects arising from use of the website.

1. Party B shall be responsible for implementing sufficient safeguards like antivirus software to protect from any viruses or other code defects.

4. Party A does not guarantee the accuracy, integrity or quality of any content on the website.

1. Party B shall not rely on any content and verify it independently before taking any action or decision.

5. The website may contain links to third party sites not controlled by Party A.

1. Party A is not responsible for the content, products, services or privacy policies on such third party sites.

13. Indemnification

1. The User shall indemnify, defend and hold harmless Party A from any claims, actions or demands brought by third parties arising from the User's use of the website, content or services ("Claims"). This includes Claims alleging that any User Content posted or shared through the website violates third party rights.
2. Party A shall promptly notify the User in writing of any Claim for which indemnity is sought under this agreement. 13.3 Upon receipt of such notice, the User shall be entitled to assume control of the defense and settlement of the Claim, provided that the User shall:

1. Consult Party A on the conduct of the defense and allow Party A a reasonable opportunity to comment on proposed strategy.
2. Not settle any Claim without the written consent of Party A, not to be unreasonably withheld.

3. Party A shall provide the User with reasonable cooperation in the defense of any Claim, including providing access to documents and witnesses where necessary.
4. Party A shall not incur any costs or agree to any settlement without the prior written consent of the User.
5. The indemnity under this clause is subject to any limitations of liability specified elsewhere in this agreement.

14. Copyright Policy

1. Ownership of Content. [PARTY A] owns all copyright and other intellectual property rights in the Website and the Content. All Content included on the Website, such as text, graphics, logos, images, digital downloads, data compilations, and software, is the property of [PARTY A] or its content suppliers and protected by Indian and international copyright laws.
2. User Use of Content. Subject to these Terms, [PARTY A] grants [PARTY B] a limited, revocable, non-exclusive and non-sublicensable license to access and use the Website and the Content for [PARTY B's] personal, non-commercial use only. Commercial use of the Content is prohibited without the express written permission of [PARTY A].
3. User Submission of Content. By submitting, posting or displaying Content on or through the Website, [PARTY B] grants [PARTY A] a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed. This license authorizes [PARTY A] to make such Content available to other companies, organizations or individuals for the provision of the Website and Services. [PARTY B] acknowledges that [PARTY A] does not guarantee any confidentiality with respect to any Content.
4. Licensing of Content. Subject to these Terms, [PARTY A] grants [PARTY B] a limited, revocable, non-exclusive and non-sublicensable license to access and use the Content for [PARTY B's] personal, non-commercial use only. This license is for the sole purpose of enabling [PARTY B] to use and enjoy the benefit of the Website in the manner permitted by these Terms. No other license or right is granted hereunder.
5. Prohibited Uses. [PARTY B] agrees not to: (i) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Content; (ii) copy, reproduce, distribute, republish, download, display, post or transmit any Content in any form or by any means; (iii) sell, rent, lease, license, distribute or otherwise transfer or exploit the Content commercially; (iv) remove any copyright, trademark or other proprietary notices from the Content; or (v) engage in any other conduct that violates [PARTY A's] or any third party's copyrights, trademarks or other proprietary rights.
6. Compliance with Laws. [PARTY B] shall comply with all applicable laws and regulations regarding [PARTY B's] use of the Website and Content, including without limitation, laws regarding online conduct and acceptable content, copyright, privacy, obscenity, or defamation.
7. Reservation of Rights. All rights not expressly granted in these Terms are reserved by [PARTY A] and its licensors. [PARTY B] shall not acquire any ownership rights by using the Website or the Content.

15. Changes to the Terms of Service

1. Blue Criteria reserves the right to amend or modify these Terms of Service at any time without notice.
2. Any changes made to these Terms of Service shall be effective immediately from the date of its posting on the Website. It is the responsibility of the User to regularly check the Website for any changes to these Terms of Service.
3. The continued use of the Website after any changes or modifications to these Terms of Service shall constitute consent of the User to be bound by the revised Terms of Service. If the User does not agree to the changes or modifications, the appropriate course of action would be to stop using the Website.
4. Blue Criteria may provide email notification of any changes or amendments to these Terms of Service to the registered email address of the User. However, Blue Criteria is under no obligation to provide individual notice to each User.
5. If any part of the revised or amended Terms of Service is held invalid or unenforceable, that part shall be construed in a manner consistent with the original intent or severed to the extent necessary, and the balance of the Terms of Service shall remain in full force and effect.

16. Governing Law and Jurisdiction

1. This agreement shall be governed by the laws of India.
2. The courts of Ahmedabad, Gujarat shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this agreement.
3. All parties agree to submit to the jurisdiction of these courts.
4. In the event of any dispute arising between the parties, the parties shall attempt to resolve it through mutual discussion and negotiation in good faith.
5. If the dispute is not resolved within 30 days of commencement of such discussions, either party may refer the dispute for arbitration.
6. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996.
7. The arbitration proceedings shall be held in Ahmedabad, Gujarat and the language of arbitration shall be English.
8. The arbitral award shall be final and binding on the parties. The parties agree to be bound thereby and to act accordingly.

17. Dispute Resolution

1. The parties shall try to settle any dispute arising out of this agreement through mutual consultation and discussion within 30 days of such dispute arising.
2. If the dispute is not resolved through consultation under clause 17.1, the parties shall refer the dispute to mediation. The mediation shall be conducted as per the ICA Mediation Rules and the mediation shall be conducted by a sole mediator appointed mutually by the parties.
3. If the dispute is not resolved through mediation under clause 17.2 within 60 days, the dispute shall be referred for arbitration. The arbitration shall be conducted as per the ICA Arbitration Rules and the arbitration shall be conducted by a sole arbitrator appointed mutually by the parties. The place of arbitration shall be Ahmedabad.
4. The courts of Ahmedabad, Gujarat shall have exclusive jurisdiction over any matters arising from the arbitration or disputes under this agreement.
5. The costs of arbitration/mediation shall be shared equally between the parties.
6. The parties shall continue to perform their obligations under this agreement during the dispute resolution process mentioned in this clause.

18. General Provisions

1. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior or contemporaneous agreements, understandings, or representations about such subject matter.
2. Amendments. Any amendments to this Agreement must be made in writing and signed by authorized representatives of both parties.
3. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
4. No Waiver. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
5. Force Majeure. Neither party will be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature or acts of God; wars, terrorism, riots, civil disorders, rebellions or revolutions; strikes, lockouts or labor disputes.
6. No Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party.
7. No Agency. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
8. Notices. All notices related to this Agreement will be in writing and will be effective upon (i) personal delivery, (ii) the fifth business day after mailing, or, (iii) the second business day after sending by confirmed facsimile. Notices to User will be addressed to the email address provided by the User. Notices to the Website Provider will be addressed to its principal email address on its Website.
9. Relationship of Parties. The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.
10. Third Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.