Terms and Conditions

Introduction

“Cunnekt” by Brainpulse Technologies Pvt Ltd shall hereinafter, be used for referring to Cunnekt Website and sub-pages having its addresses as cunnekt.com, and the mobile application having its name as Cunnekt while including and accommodating all its versions and variations.

Any person (hereinafter referred to as the “User” or “you” or “your” or “client”) accessing, downloading, and using Cunnekt and its services shall be bound by these Terms and Conditions (hereinafter referred to as “Terms and Conditions”), Privacy Policy and all other rules, regulations, and terms of use which shall be mentioned herein or provided by Cunnekt in relation to any Contest.

Cunnekt, at its sole discretion, reserves the right to modify or make changes to the Terms and Conditions, rules and regulations, and terms of use for the services provided by Cunnekt.

Service

To register/sign up on Cunnekt, the User(s) need to provide Cunnekt with personal data comprising of a. Full Name b. Email Address c. Personal Whatsapp Number d. Organization Name e. Website f. Password. You can register/sign up via OTP verification through your Mobile Number/Email address.
You agree that the basic information, personally identifiable information, provided by you is true, complete, and accurate, and agree not to submit any particulars which are false or any information to which you do not have any right or authority to provide. You are solely responsible for safeguarding your account and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions that were taken under your password, irrespective of whether you have authorized such activities or actions. You will immediately notify Cunnekt of any unauthorized use of your password or your account, upon becoming aware of any such discrepancy. Without limiting any other terms of these Terms and Conditions, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
User(s) acknowledge and agree that the personal data provided to Cunnekt will be used, processed, and stored for purposes relating to the proper organization of the Tournament. Any use of such information provided by the User to the Cunnekt is subject to the User’s understanding and acceptance of Cunnekt’s Privacy Policy, available at cunnekt.com/privacy-policy.html.
You agree to use all the Services, in accordance with the applicable laws, rules, and regulations, or any other specific restrictions on the use of the Service or content therein.
Cunnekt is committed to safeguarding that it is as useful and efficient as possible. For that reason, Cunnekt reserves the right to make changes to the application or website for maintenance at any time. If such situations cause an interruption of paid-for Services for a reasonable duration, Cunnekt shall not bear any liability to you and/or to any third parties. Cunnekt will make attempts on a best-efforts basis to let you beware of any scheduled maintenance to such extent as is possible. Additionally, Cunnekt shall be entitled to modify these Terms and Conditions, rules, and regulations referred to herein, at any time, by duly posting the same on Cunnekt.
Users consent to receiving communications such as announcements, administrative messages, and advertisements from Cunnekt and/or any of its affiliates, subsidiaries, associates, licensors, and partners.

License and Usage

During the Term, in consideration of payment of the Fees by the User to Cunnekt and subject to the terms and conditions herein, the Company grants to the Client, a limited, non-exclusive, personal, revocable, non-transferable, and non-licensable license to access and use the Solution on a subscription basis, in accordance with these Terms of Use. Nothing contained herein shall be construed as creating any arrangement for transfer of title, ownership, or interest including rights under any Intellectual Property in or of the Solution in favor of the Client.
The user consents to provide all information, as required, for enabling services included and/or not included in the platform subscription. Delay
‍The User acknowledges and agrees that the Solution provided under these Terms of Use, during the Term is non-exclusive in nature and Cunnekt shall be entitled, at all times, to deal with the Solution in any manner it deems fit which includes the provision of services using the Solution by itself or any variation, Updates or Upgrades through any third party, from time to time. At any time, the Solution shall include all modifications, Updates, future or new Upgrades, and additions, at the sole discretion of the Company. It is hereby clarified that the User’s continued use of the Solution pursuant to any such Updates and Upgrades will be considered deemed acceptance of such Updates and Upgrades. ‍

Fees and Payment

Subscription Fee: Usage of the Cunnekt platform is subject to monthly subscription fees which shall commence from the Subscription start date. Subscription fees are non-refundable.

Usage Fee: User(s) will also be liable to pay Usage fees in addition to the subscription fee in case the monthly usage is above the allowed limit in the subscription plan. Usage fee billing is prepaid.

In case of late payment amounting to more than a correct monthly fee or other material breaches of User, Cunnekt is entitled to suspend the Service(s) until the breach is rectified, or to terminate the Agreement. Remuneration claims of Cunnekt during the suspension period remain unaffected. Furthermore, Cunnekt shall be entitled to claim late payment interest in accordance with applicable laws.
Where the parties have agreed that third-party costs will be passed on to Partner directly, price changes of such third parties will be passed on to Partner upon their effective date.
Each Party shall be responsible for and pay its own income taxes, sales, and use taxes, value-added taxes, and any other taxes, license or registration fees, duties, and other similar assessments or charges levied or imposed by any jurisdiction as a result of the execution of this Agreement, the performance of any obligations under this Agreement or the transfer of any property, rights or any other grant under the terms of this Agreement.

With respect to any payment made on Cunnekt, not limited to making payment for Subscription fees and usage fees, Users agree to be bound by the following payment terms:

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present Terms and Conditions, the additional terms and conditions shall prevail.

Refund and Cancellation Policy

At Cunnekt, we have full confidence in our varied range of services, products, and e-business solutions. We leave no stone unturned in providing our esteemed clients fast, reliable, and exceptional service guarantee every time in time we do business with them.

You can cancel your subscription at any time by logging into your account or contacting your assigned relationship manager. Your cancellation will take effect at the end of the current paid term. The subscription fee is non-refundable.

Intellectual Property

Users acknowledge that all copyright, trademarks, and other intellectual property rights in and related to the Services are owned by or licensed to Cunnekt. Users must not copy, distribute, make available to the public or create any derivative work from any content belonging to Cunnekt. Cunnekt respects the intellectual property rights of others and expects Users to do the same.
Users agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Cunnekt. By uploading, transmitting, importing, or otherwise providing for the purpose of the Service, any information, files, etc., you represent that you authorize the Cunnekt to use, modify or re-use unconditionally for commercial or non-commercial purposes.
If Users or any third party believe that their content has been copied in a way that constitutes copyright infringement, they shall provide Cunnekt with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material; (iv) contact information, including address, telephone number, and an email address; (v) a statement that such User or third party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that such User or third party is authorized to act on behalf of the copyright owner.
According to the provisions set on these Terms of Use, all rights, titles, and interests in and to the Services are and will remain the exclusive property of Cunnekt and its licensors. Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the Cunnekt name or any of the Cunnekt trademarks, logos, domain names, properties, and other distinctive brand features, without the prior written consent of Cunnekt.
Cunnekt reserves the right to remove content alleged to be infringing without prior notice, at its sole discretion, and without any liability.

Limitation of Liability

By using the service(s), each User agrees and acknowledges that neither Cunnekt nor their respective affiliates, subsidiaries, representatives, advertisers, and publicity agencies are in any way responsible or liable for any damages, loss, or injury. To the maximum extent permitted by applicable law, Cunnekt will not be liable in any way for any loss or damage suffered by you through the use of or access to Cunnekt, or Cunnekt’s failure to provide the platform. Cunnekt’s liability for negligence, breach of contract, or contravention of any applicable law as a result of its failure to provide this platform or any part of it, or for any problems with this platform, which cannot be lawfully excluded.
To the extent permitted under applicable law, Cunnekt shall not be responsible for any harm resulting from downloading or accessing any information or material, products, or sites. Cunnekt does not provide any warranty as to the content on Cunnekt. Cunnekt content is distributed on an “as is, as available” basis.
User would be solely responsible for lost, incomplete, incorrect, damaged, delayed, or misdirected applications. Any material accessed, downloaded, or otherwise obtained through Cunnekt is done at the User’s discretion, competence, acceptance, and risk, and the User will be solely responsible for any potential damage to the User’s computer system or loss of data that results from a User’s download of any such material.
Cunnekt will make best endeavors to ensure that Cunnekt is error-free and secure, however, neither Cunnekt nor any of its partners, licensors, or associates makes any warranty that the: a. Cunnekt will meet Users’ requirements; b. Cunnekt will be uninterrupted, timely, secure, or error-free; c. results that may be obtained from the use of Cunnekt will be accurate or reliable; and d. quality of any products, services, information, or other material that Users purchase or obtain through the website will meet Users’ expectations.
To the extent permitted under applicable law, neither Cunnekt nor its partners, licensors, or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use Cunnekt’s sites, even if Cunnekt has been advised of the possibility of such damages. Any services being hosted or provided, or intended to be hosted on Cunnekt and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed canceled or terminated if such permission or authority is either not obtained or denied either before or after the availability of the relevant services are hosted or provided.
To the extent permitted under the applicable law, in the event of suspension or closure of any services, User(s) shall not be entitled to make any demands, or claims, of any nature whatsoever. However, Users agree to indemnify Cunnekt for any erroneous credit to their Cunnekt Account which is more than what they are rightfully entitled to.
User(s) are strictly prohibited from engaging in a derogatory manner on Cunnekt with other User(s) or Cunnekt’s licensor, employee, staff, or any other entity.
The Users agree to indemnify and hold harmless Cunnekt, its directors, employees, affiliates and assigns against all costs, damages, loss, and harm including towards litigation costs and counsel fees (if any), in respect of any third party or statutory claims that may be initiated due to any form of illegal activity or modification or abuse or exploitation of Cunnekt or its Services by the User.

Trademark License

During the Term, Client hereby grants to Cunnekt a worldwide, non-exclusive, non-transferable and non-sub-licensable (other than to affiliates) royalty-free licence to use Client’s trademarks and logos made available to Cunnekt by Client as part of this Agreement, solely in connection with the marketing, advertising, and promotion of the Cunnekt Solution, including listing the Client and the Client Application on the Cunnekt Website; and only in accordance with Client’s reasonable trademark usage guidelines, as updated by Client from time to time. Client may require Cunnekt to cease using Client’s trademarks and logos if, in the reasonable opinion of Client, the continued display of Client’s trademarks and logos would cause a materially adverse effect on Client’s image and the goodwill associated therewith.

Third-Party Website & Content

You understand and agree that Cunnekt, or communication by Cunnekt via email and/or your account, may contain links to other Internet sites owned and operated by third parties. Users’ use of each of those sites is subject to the conditions, if any, posted by the sites. Cunnekt does not exercise control over any internet sites apart from its own, and has not reviewed, and does not review, all the material, including goods or services, made available through third-party sites, and thus cannot be held responsible for any content residing in any third-party internet site. Cunnekt, therefore, urges you to kindly make an informed choice in interacting with such third-party sites and ensure that you are familiar with the policies of such sites before you proceed with engaging with such third-party sites.
The availability of these links on Cunnekt does not represent, warrant, or imply that Cunnekt endorses any third-party sites or any materials, opinions, goods, or services available on them. Third-party materials accessed through or used by means of third-party sites may also be protected by copyright and other intellectual property laws.
User’s correspondence, transactions/offers, or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. User’s correspondence, transactions, and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Cunnekt will not be held responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

Governing Law, Arbitration, and Jurisdiction

These Terms and Conditions shall be governed by the applicable laws of the Republic of India, without regard to any conflict of law provisions, and for resolution of any dispute arising out of your use of the Services.

All disputes in connection with these Terms and Conditions, including disputes as to its conclusion, binding effect, amendment, and termination, are to be settled between the parties by negotiation. If no solution can be reached, such disputes shall be exclusively resolved by the courts limited to New Delhi jurisdiction.