The use of any of Udyog Buddy services will be subject to the following terms (the “Service Terms”).
- 1. Udyog Buddy Services
1.1 By using any Udyog Buddy Services, User agrees to engage us to provide secretarial or legal services for User. These services may include the following:
(a) Company incorporation services
(b) Intellectual Property Right Services
(c) Drafting of Agreements
(d) Provide assistance on matters pertaining to Company law and compliance with the provisions of the Companies Act or any other Act.
(e) Change in business
(f) Non- Profit Organizations
(g) Conversion services
(h) Or any other Services
1.2 Udyog Buddy shall provide the secretarial, legal and consultancy services, as requested by User from time to time, in oral or written form or in any other manner which Udyog Buddy may accept. User agrees that Udyog Buddy has no liability to User for any loss or damage whatsoever, arising out of or in relation to Udyog Buddy’s performance of the secretarial or legal services in accordance with User’s instructions.
1.3 User shall indemnify Udyog Buddy and/or any of its affiliates against and hold each of them harmless from any and all actions, judgments, claims, demands, costs, taxes and expenses (including legal and/or professional fees) howsoever, incurred by Udyog Buddy arising out of or in relation to its performance of the secretarial, legal and consultancy services services in accordance with User instructions.
1.4 Udyog Buddy may require for the performance of the Services that User shall enter into any supplemental agreements or do any such things as required by Udyog Buddy or applicable laws in order for Udyog Buddy to provide such Udyog Buddy Services. Udyog Buddy shall not be obliged to provide any such if User fails to enter into the supplemental agreements or do the things as required by Udyog Bu Services ddy or applicable laws.
1.5 If Udyog Buddy in its opinion is obliged to meet any legal or other requirements or obligations with regards to User, User hereby agrees to authorise Udyog Buddy to take any steps which it may, at its discretion, deem necessary or desirable to comply with such obligations or requirements, including taking professional advice at User’s cost.
1.6 At the request of Udyog Buddy, User shall provide Udyog Buddy with all documents and information as required by Udyog Buddy for Udyog Buddy to comply with its internal policies, any applicable laws or guidelines, issued by any relevant regulatory authority or for any other reason as Udyog Buddy may consider necessary or desirable from time to time.
- 2. Other Udyog Buddy Services
2.1 As part of the Udyog Buddy Services, User is able to access the online platform and use the other functionality offered on the online platform from time to time.
2.2 As part of the Udyog Buddy Services, User may engage Udyog Buddy or its representative to act as local nominee director or local nominee shareholder, subject to User entering into supplemental agreements or do the things as required by Udyog Buddy or applicable laws.
2.3 Udyog Buddy may, at the request of User, provide ancillary services to User such as bank account opening, application for the account opening of Employer Provident Fund etc. These services may be subcontracted to trusted partners under Udyog Buddy’s responsibility.
2.4 User acknowledges that any service provided by Udyog Buddy, which requires a governmental or third party approval, is on a reasonable effect basis only. User also acknowledges that User shall not be entitled to a refund in case any such approval- based service cannot be obtained.
- Ownership: This Website and Application(s) are owned and operated by the Udyog Buddy LLP. All rights, title and interest in and to the materials provided or available on this Website and Application(s), including but not limited to information, data, documents, logos, videos, graphics, sounds and images (the “Materials”) are owned either by Udyog Buddy LLP. or by our individual third-party authors, developers or vendors (“Third Party Service Providers”). Except as otherwise specifically allowed by Udyog Buddy LLP., none of the Materials should be copied, replicated, republished, transferred, uploaded, posted, presented, transmitted or distributed in any way and nothing on this Website shall be construed to deliberate any license under any of the Udyog Buddy LLP’s (IP) intellectual property rights. Udyog Buddy LLP does not license, sell, lease or otherwise provide any of the Materials or services other than those expressly recognized as being provided by Udyog Buddy LLP. Any rights not specifically granted herein are reserved by Udyog Buddy LLP.
- Indemnification: The user agrees that Udyog Buddy is not responsible for any harm that his/her use of this service may cause. The user agrees to indemnify, defend, and hold Udyog Buddy harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the service. The user agrees that this defense and indemnity shall also apply to any breach by the user of the agreement or the foregoing representations, warranties and covenants. The user also agrees that this defense and indemnity shall apply to Udyog Buddy, its founders, officers and employees. Udyog Buddy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user and the user shall not in any event settle any matter without the written consent of Udyog Buddy.
- Acceptable conduct
You will use the Site only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these terms and conditions, you will immediately notify and provide us with assistance, as requested, to stop or remedy such violation.
- Prohibited conduct
In using the Site, you must not do any of the following:
- Post, transmit or otherwise make available through the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, Easter Egg, time bomb, spyware or other computer code, file or program (each, a “Virus”).
- Post, transmit, or otherwise make available through the Site any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Use the Site for any commercial purpose or otherwise use the Site for processing data or other information on behalf of any third party.
- Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of any of the Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Create or share content without first obtaining any necessary permission from third parties or otherwise use the Site to post or transmit any information that you do not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorised herein, without RSM’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of any of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove or alter any copyright, trademark or other proprietary rights notice on the Site or content you access via the Site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without RSM’s express prior written consent.
- Systematically download and store Site’ content.
- Use any robot, spider, the Site’s search application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Site, (b) reproduce or circumvent the navigational structure or presentation of the Site, or (c) Harvest or collect information about users of the Site without RSM’s express prior written consent.
If you do not comply with these terms and conditions (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Site or take any other steps we consider appropriate.
- Disclaimer of Warranties and Limitation of Liability
A great danger for Udyog Buddy, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our users. If one user libels another user, the injured user might blame us, even though the first user was really at fault. If a user uploads a program with a computer virus, and the other users’ computers are damaged, we might be blamed even though a user left the virus on our System. If a user transmits illegal or improper information to another user, we might be blamed even though we did nothing more than unknowingly carry the message from one user to another. Accordingly, we need all users to accept responsibility for their own acts, and to accept that an act by another user that damages them must not be blamed on us, but only on the other user.
Although it is the goal of Udyog Buddy to provide users with reliable and quality systems, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this system available to users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, Udyog Buddy must deny any warranties on this service and state that our liability for any problems connected with the use of our system is strictly limited.
These needs are accomplished by the following disclaimers:
(a) Disclaimer of Warranties
The user expressly agrees that use of the service is at the user’s sole risk. The service is provided on an “as is” and “as available” basis. Udyog Buddy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Udyog Buddy makes no warranty that the service will meet a user’s requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does Udyog Buddy make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Udyog Buddy makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.
No advice or information, whether oral or written, obtained by the User from Udyog Buddy shall create any warranty not expressly stated herein.
(b) Limitation of Liability
The user agrees that Udyog Buddy shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if Udyog Buddy has been advised of the possibility of such damages. The user further agrees that Udyog Buddy shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent, intentional or inadvertent.
Any controversy or claim arising out of or relating to this Agreement or Udyog Buddy services shall be settled by binding Arbitration in accordance with laws of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of India, and the Courts of Jabalpur, Madhya Pradesh shall have jurisdiction in all such cases.