Graphream | Terms and Conditions

Introduction

Welcome to Graphream Pvt. Ltd. (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at Graphream (together or individually “Service”) operated by Graphream Pvt. Ltd.

Graphream’s Privacy Policy describes and explains the purpose and method of collecting your information and the use and protection of the information collected. This procedure is explained in great detail in our Privacy Policy and is mostly collected with your interaction with our website and using services. When you visit our website or use our services, you are bound by our Privacy Policy, Payment, Refund, and Reimbursement Policy and Terms and Conditions. So you acknowledge that you have read these Agreements (Privacy Policy, Payment, Refund and Reimbursement Policy and Terms and Conditions) and understood them and are bound by them.

If you do not agree with any / all of our Agreements, you may not be able to use our services but if you have a query about these Agreements, you are free to contact us by emailing us at info@graphream.com or contacting us through our website’s “Contact Us” section so we can understand and try to solve your query. These Agreements apply to all of the users/subscribers who use, access, or be a part of our services.

Communications

By using our Services, you agree to get promotional emails, social media content, and other information we may send. But you can easily opt out of these communications by emailing us at info@graphream.com or clicking on the "unsubscribe" option. You can also let us know about this by contacting us through our website’s “Contact Us” section. You will also receive notifications in your email about the content upload by the users on our website.

Purchases

Any “Purchase” you make through our website will be with the help of third-party payment services like Stripe and Razorpay and the information you enter will be according to those services like your bank details (debit card, credit card, etc.), your details (if required), your credentials (Aadhar Card, PAN Card, etc) for verification, your billing address and shipping address information.

You have the right to use any bank services and any debit or credit card but you will have to use the payment method provided by Graphream and you need to enter the information which is authentic and verified. Since we have incorporated the third-party payment services, we have only mentioned this in our Privacy Policy because we may only collect the data which the third-party payment services allow us to collect.

We reserve the right to cancel your subscription at any time for reasons including but not limited to service availability, fulfillment of seats (in case of “Events”), incomplete and incorrect information added by you, or any other similar reason that may confuse both your part and our part. We also reserve the right to refuse or cancel your subscription if we find or suspect fraudulent or an unauthorized, illegal or inauthentic transaction.

Events, Seminars, Webinars, and Promotions

The Terms and Conditions apply to Events, Webinars, and Seminars only. The other Promotional activities like Contests, Quiz and any other will be governed by the rules mentioned in the Privacy Policy and Payment, Refund, and Reimbursement Policy.

Payments, Refunds, and Reimbursements

For understanding Payment, Refunds and Reimbursement, please refer to our Payment, Refund, and Reimbursement Policy.

Content

Our website allows you to post comments, links, videos, graphics (images), and other material which you can share on various platforms. You will be legally responsible for the Content you post on our website through our service.

When you post the Content on our website, you warrant that: (i) you own the Content and/or you have the right to use it on our website or you can grant us the rights or license to exercise them on our website. (ii) the Content you post are complying with our Privacy Policy, Terms, and Conditions and privacy rights, publicity rights, contract rights, copyrights, rights of any person or entity, etc. We reserve the right to cancel the subscription and terminate the account if the user is found to be infringing on any copyright.

We do not take any responsibility and/or assume any liability for the Content you post on our website/portal. You have all the rights (your rights or third-party granted rights) to your posted Content. By posting the Content, however, you grant us rights and license to use your Content to use, modify and display, share, distribute, reproduce and re-post through our services both on the website and other platforms. By posting your Content on our website, you also allow other users to use, repost and share the content on the website.

Graphream Pvt. Ltd. holds the right to monitor and edit and remove all the Content you post. All the Content posted on the website is the property of Graphream Pvt. Ltd. or we have the permission to use the Content. You as a user cannot distribute, modify, re-use, repost, copy, monetize or plagiarize the Content. You cannot use any Content or all kinds of available data or information (including data, names of the businesses, name of the users, and name of events) for your gain or any other commercial purpose without seeking our permission in writing. If we found any person or entity still doing so, we will take legal action against that respective person or entity.

Prohibited Uses

While using our website and its services, you need to ensure that you do not use our services, data, information, or the entire platform for any unlawful purpose. You need to ensure your compliance with the laws of the nation and international laws. You must ensure and warrant that:

You will not violate the national or international laws, rules or regulations
You will not engage in anti-social behavior like harassment, exploitation, bullying, or cyber-bullying, or any way harm or attempt to exploit the users or visitors
You will not plagiarize, copy, share or attempt to profit from the Content of the portal
You will not transfer, transmit, send, advertise, repost or repurpose the Content altering the meaning or definition
You are strictly prohibited to impersonate as an employee, salesmen, or any similar type of representative of Graphream and you are also advised not to impersonate Company.
You are warned not to exploit users both male or female especially a minor in any manner
You are warned not to disrespect any gender, caste, race, religion, ethnicity or social group or a country.

While using our Website and its services, you cannot use its Content for “Promotional” uses and you warrant that you will not:

Send, share or post any promotional messages, posts, links, or images on the portal to promote any fraudulent schemes, business offers, or unethical or unlawful behavior.
Keep sending junk emails, bulk emails, spam emails to the company even if you are denied doing so.
Engage in selling harmful or banned substances or products over the portal

While using our Website and its services, you cannot cause any “Disturbance” to the website or its activities and you will not:

Engage in activities that are harmful, hurtful, or dangerous to other users and disturbs the peace of the portal. Your activities will be identified and analyzed by us and if we found you doing such activities that may harm, wrongly represent or offend the Company or its users.
Disturb the workings of the system or activities that in any way harm the functions of the Website or the Services.

You must also agree not to:

Use the services in a way that would impair or damage the original services or change the original purpose of the services
Use of manual or software to copy and monitor the Content available the data on the website without seeking permission
Attempting to introduce or spread viruses, worms, malicious links, or any harmful code that can cause panic or crash the system
Using devices or introducing software that slows down or disrupts the Services
Attempting to hack and access the website database or damaging the services or parts of services and attempting to access data
Spread rumors and falsify evidence of the Company to damage the market reputation of the Company

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service. Graphream may outsource analysis to third-party service providers or may use third-party applications to analyze the data

No Use By Minors

Graphream services are only intended for users above 14 (fourteen) years. By using our portal and accessing our services, you warrant and represent that you are at least the required age of 14 and you abide by all the terms and conditions. If you are below 14 years then you are not allowed to use our services.

Accounts

You can create your account with us with and you must ensure and warrant that the information you provide us is authentic, complete, and latest. If you provide us fake, false, obsolete (old), incomplete and inaccurate information, it may result in termination or suspension of your account on service.

You must keep your account secure by protecting your password and your confidentiality including account login and password. You also need to keep in mind to restrict the access of your computer or mobile or any other device. You must take full responsibility for your actions, reactions, activities, comments, posts, and any other information. We request you not to share your sensitive account information with any third-party person(s) or services. In case of any leak or breach of security or any unauthorized access of your private information, you will inform or notify us.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

You must not use any aliases, username or account name, trademark, company name, privacy rights of other people, or any other copyrighted or non-copyrighted information that is belonging to / property of another person or entity. If you do that it will deem unlawful and you will meet legal procedure and punishment or penalty by whomsoever the title or name, identity or rights belongs. You must not use a name, username, or login name which is vulgar, obscene, forbidden, prohibited, hurtful, double-meaning, and offensive or slang.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We reserve the right to terminate your account, remove your uploaded Content, cancel your Events, cancel your Subscription, forfeit your amount (until the issue is resolved), block you, and suspend your account.

Intellectual Property

The Content and Services provided by Graphream Pvt. Ltd. are the exclusive property of the Company and its licenses. Graphream Pvt. Ltd. is protected by copyright, trademark, and the other laws of other foreign countries. We reserve the right of our trademark and copyright and it cannot be used for any other product or services without the written consent of Graphream Pvt. Ltd.

Copyright Policy

We respect the intellectual property rights of other Content or information owner. If you found any Content posted that infringes on the copyright or other intellectual property rights of any person or entity, you will inform us. And if we have found or suspect any copyright infringement content, we will contact and inform the respective owner. We will respond to your claims of the Content owner and respectfully remove the Content or discuss terms relevant to the subject.

If you are the copyright owner or have the authority over the Content and if you feel, observe, witness, or find that your work or your client’s work (whom you are representing) is posted on the website without written consent, then you please write us in necessary details via email to info@graphream.com with the subject: "Copyright Infringement" and share us the proof of your ownership in whichever form you deem right and also write a detailed description under “DMCA Notice and Procedure for Copyright Claims” or the copyright law applicable to your knowledge. After we analyze your request, if we found that you (the user who posted the content) are responsible for the mentioned infringements or representing any misinformation or damaging information, or different information then the original purpose will meet legal proceedings and all the legal expenses and all the additional charges will be paid by you to the person who claims or us.

DMCA Notice and Procedure for Copyright Infringement Claims

You have to submit your request to DMCA (Digital Millennium Copyright Act) and providing the necessary details to us so our Copyright Agent can file your request under 17U.S.C 512(c)(3).

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on Service where the material that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If we feel that your (Copyright owner) claims do not justify, we will ask for a clarification and if you fail to provide that as well then we will not consider your claims. You can contact our Copyright Agent via email at info@graphream.com.

Error Reporting and Feedback

You may provide us your Feedback directly at info@graphream.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

When you use our website or its Services you agree that:

You will not keep, acquire or assert any intellectual property right or similar rights, interest, or title in or to the Feedback
Company may have development ideas such as Feedback and similar
Feedback does not contain confidential information or proprietary information from you or any third party
The Company is not under any obligation of respecting or protecting your confidential information given as a Feedback
You give Company the right to use, modify, copy, create, distribute, publish and commercialize your Feedback in the manner fit to our purpose

After using our website and its services, if you find any Errors or inconsistencies or any other points seen as an “Error”, contact us by clicking on our main page under the title “Contact Us” on the header or you can find the same option on footer under the title in "Quick Links" section.

You can also send us your Feedback or report an Error via email at info@graphream.com

Links to Other Web Sites

Graphream Pvt. Ltd. is a portal that welcomes all kinds of businesses to put their information and services that are not owned by Graphream Pvt. Ltd. But the company has no control over the Content posted and assumes no responsibility, privacy policies, or practices for the Content. Everything is written on our Agreements and we ask you to refer to those. We do not accept the offerings of any of the third-party entities for putting their link. However, if users wish to put certain informative links to our website, he is allowed to put those links but he will be responsible for the links and the content of other websites.

Graphream will analyze the link and see the validity and security of the link but the user must review the third-party website first then he must share that link.

You acknowledge and agree that Graphream will not be responsible, liable, legally or morally, directly or indirectly, for any loss or damage caused or alleged for the damage for any and all content posted by users. Users will solely be responsible for redirecting the users to the third-party website.

We recommend you (the user) to read the agreements (Terms And Conditions, Privacy Policy And Payment, Refund And Reimbursement Policy) of the third-party websites, links, and platforms and then comply with them and share, paste or put the link in the Content you post.

Disclaimer Of Warranty

These services are provided by the company on an "as is" and "as available" basis. Company makes no representations or warranties of any kind; express or implied, as to the operation of their services, or the information, content, or materials included therein. You expressly agree that the “use” of these services, their content, and any services or items obtained from us is at your sole risk.

Graphream does not take the full responsibility for all the content posted on the website “at the particular time” or “before the time” the post is / was posted. The company holds partial responsibility to delete the post, suspend the account, terminate the account, or warn / notice the user about the Content posted. You as a user agree that while using our services and/or our Content, you are aware of the risk that the content might be posted by the user.

Neither Company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither Company nor anyone associated with the Company represents or warrants that the services, their Content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

We work on a shared server, so we do cannot assure about the protection from Virus, Malware, Adware, or any such Errors or damaging Content but we can take action and analyze after you report us and remove the Content or terminate the account of the user responsible. In any case, you are responsible and liable to report all such problems or inconveniences directly to us.

GRAPHREAM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation Of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however, it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortuous action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to you.

Termination

Your Graphream account will be terminated or you will be denied accessing our Services for the aforementioned reasons with or without any prior notice in case you breach the security or did harm or affect the users/website in any way. Please read carefully the Terms and Conditions for the reasons for termination.

If you (the user) wish to terminate your account, you may simply discontinue using Service. If you do not wish to continue or terminate or close your account, you will email us stating the subject "Terminate my account” or “Close my account”. After termination or closure, you cannot revive/reopen your account with the same Name, Email, and other details. All the rights, provisions, and authority you have will all be terminated and shut down. Your account-related activity including your posted Content (comments, likes, shares, etc.) will remain on the website with your account login name or username. During your termination or closure, you will not be able to see your account-related details.

Governing Law

These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes to Service

We have the right to terminate, add, modify or change our services, withdraw or withdraw some features or parts of our Services and/or Content without notice. Whether to give notice or not is entirely our decision. We may even restrict access to new users or existing users depending upon various factors.

Amendments to Terms

We may periodically amend / update or change our all Agreements for this website. It is your responsibility to see the reviews and updates.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

We expect you to accept our changes to our Services, or parts of Services and check our website and Agreements updated regularly or from time to time.

If you continue using our Services and Content, we understand that you agree to our revised terms and changes. If you do not agree to the changes and revised terms, you are no longer authorized to use our Services.

Waiver and Sever ability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Acknowledgement

By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.

Contact Us

Please send your feedback, comments, and requests for technical support on our Contact Us tab of our website by adding your Email, Mobile Number, Subject, and Message or you can contact us at our email: info@graphream.com