Only a Subscriber is entitled to enter and any unauthorized entry or attempt to
enter this website and
availing of services is a punishable offence under applicable law.
1.1. By subscribing to any of the specified category of services of StudioMart, the Subscriber agrees to be bound by the Terms and Conditions specified in this Agreement. The agreement of the Subscriber signified electronically in this respect is valid and binding and it is as effectual and enforceable as a contract physically signed by the Parties.
1.2. Vaanam Technologies Private Limited [hereinafter referred to as “Vaanam”] and the respective Subscriber are the Parties to this Agreement. Wherever the context may require, reference to StudioMart shall be construed as referring to Vaanam.
1.3. The Subscriber hereby declares that the terms and conditions are agreeable and undertake to be bound by the same and adhere to the same.
1.4. Vaanam is running multiple businesses directly or under various Brands / units. Business industry includes like Studio, Photography, Videography related services, SEO services , Social networking websites, IT related security & management services , Trading of computers, laptops & IT related equipments, Air ticket & hotel bookings, Travel related services. StudioMart is Application as a service provided by Vaanam for Photography and Videography Studio industry.
1.5. Any person who does not want to accept the terms and conditions contained in this Agreement and who does not want to be bound by the terms and conditions and who is not agreeable to and who does not pay the subscription fee and charges thereof shall not click “I Agree” and thereby express consent to subscribe to the services of StudioMart. Any inadvertent clicking of “I Agree” does not constitute any binding contract between the Parties unless the prescribed subscription fee for the chosen category of service and charges thereof are paid.
1.6. The terms and conditions set out in this Agreement constitute the entire Agreement between Vaanam and Subscriber relating to the use of the StudioMart. Vaanam reserves the right to change these Terms and Conditions, and all other information available on this Agreement, in its sole discretion and without notice.
2.1. StudioMart website is owned and operated by Vaanamunless otherwise indicated, the content or any component of any content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belong to Vaanam, its licensors and its content providers, and is protected by copyright, trademark and other laws relating to intellectual property rights as applicable under Indian and international jurisdictions. Unauthorized use of the materials available on this website is strictly forbidden.
2.2. StudioMart and the StudioMart logo are the trademarks of Vaanam. Other parties' trademarks used, depicted or identified on this website are the property of their respective owners and may be similarly protected. Use on this website of the trademark of any other party is not intended to imply the affiliation of StudioMart with or its endorsement of that party, or that party's sponsorship or endorsement of Vaanam, its products or services.
2.3. Vaanam, to the fullest extent permitted by law, disclaims all warranties, including the warranty of merchantability, fitness for a particular purpose and non-infringement of third parties rights.
2.4. StudioMart makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, graphics, and/or links. Neither StudioMart nor its employees, licensors, content providers, affiliates or other representatives will be liable for any damages whatsoever, including without limitation any direct, indirect, incidental, consequential, special and exemplary damages, arising from the use or performance of this website or from any information, services or products represented or provided through this website, even if StudioMart has been advised of the possibility of such damages.
2.5. StudioMart reserves the right to change these terms and conditions at any time. If any change in the terms and conditions of this Agreement is deemed expedient by Vaanam, such changes will be posted on the website.
2.6. Vaanam expects its subscribers to review these terms and conditions from o time by paying a visit to StudioMart’s website to understand changes if any and impact of any such changes.
3.1. StudioMart is committed to protecting any personal information furnished to us through the website www.studiomart.in. Any such information which is already in public domain whether through any other public or social means or media or in any other manner whatsoever does not come within the purview of this Privacy Policy.
3.2. StudioMart would not share any such personal information with any other organizations / individuals / competitors of subscribers for commercial purposes.
3.3. StudioMart reserves the right to change the terms of its privacy policy at any time.
3.4. Changes made to the privacy policy will be posted on this website. Subscribers are expected to review this privacy policy from time to time or each time a subscriber pays a visit to the website to make sure the current policy is understood.
4.1. Subscriber’s day to day transactional data.
4.2. Photos, Images, Videos uploaded or saved by subscribers.
4.2.1. Media Gallery/photo Sharing with Customers -> The flip album view is not supported for more than 300 photos. However normal view is available.
4.3. Subscriber is the absolute owner of the data it stores, retrieves and operates. StudioMart does not have any access right to enter into the data segment of Subscriber, nor does it need to know nature and value of data stored and handled by Subscriber.
4.4. Subscriber need not share with StudioMart any of the security keys, passwords and access rights that Subscriber intends to introduce and implement in order to protect its data, data integrity and confidentiality.
4.5. StudioMart limits it rights to need based things such as authentication and authorization for allowing Subscriber to access their data and to measure the volume of inflow and out flow of data for the purpose of levying charges.
4.6. StudioMart requires sufficient advance notification through internal system driven process if Subscriber requires any changes or modifications to its security passwords and access control procedures.
5.1. StudioMart collects the following information and particulars from every Subscriber.
5.1.1. The e-mail addresses of those who communicate with us via e-mail.
5.1.2. Aggregate information on what pages consumers’ access or visit.
5.1.3. IP address, countries from which the viewers access StudioMart’s website.
5.1.4. Information such as viewers name, address, telephone number, fax number when the details are entered or collected in the customized enquiry or registration forms or pages in the website.
5.2. StudioMart would apply the information so collected, inter alia, for the following purposes:
5.2.1. Used to improve the content of StudioMart’s Website.
5.2.2. Used to notify visitors about new offers provided by StudioMart.
5.2.3. Used for such purposes as processing transactions, customer service, marketing, product and service development.
6.1. StudioMart uses cookies for the recording Subscriber specific information on pages viewed or accessed by subscribers and also to record past activity at a site in order to provide better service when visitors return to StudioMart’s website. StudioMart intends to sift the data collected using its cookies for its internal use only and these details would not be released to third parties.
7.1. StudioMart site contains links to external websites. Vaanam is not responsible for the privacy practices or the content of such websites and Vaanam expects its subscribers to exercise proper care and caution.
7.2. There are links on this site that will let subscribers leave the StudioMart site and go to other websites over which Vaanam has no control.
7.3. StudioMart is not responsible for the contents of any linked site or any changes or updates to such sites.
7.4. StudioMart is providing those links only as a convenience, and the inclusion of any link does not imply endorsement by StudioMart.
8.1. The main servers acquired on hire by Vaanam are sufficiently secured, large and are protected against all risks including floods, fire, earthquakes, torrential rains, long power cuts and torpedoes and bombardments. They are however not protected against attacks using atom bombs and chemical weapon systems.
8.2. They are surely protected against all known cyber attacks and hacking using a high degree of physical and electronic security and safety systems.
8.3. Vaanam’s arrangement with main servers is for fairly long period and for handling huge volume data with high speed applications and access facility. Therefore besides safety and security and ease of access and speed and efficiency of access is also assured.
9.1. Main Servers acquired by Vaanam have mirror imaging facility operated once in a day or almost concurrently for the purpose of data retrieval in times of emergency or crashes and back up location is geographically thousands of miles away from the location of main server thereby reducing the chances of loss of data even during the worst times crisis and natural calamities.
9.2. Facility to restore connectivity is available and turnaround time will be a maximum of 48 hours to get back to operating the systems as if nothing had actually happened to the servers at all and facility to retrieve data as of a particular date and time is also available subject to payment of further applicable charges.
10.1. Vaanam takes the backup of transactional data on a regular basis to avoid the data loss. However, Vaanam advises to the subscribers to have a copy of their own data to avoid data losses due to natural calamities or/and for any unexpected reasons.
10.2. All your backup data will be available on Vaanam server for the period of 30 days from the date of subscription ends.
11.1. Any sub-networks of Vaanam and dedicated servers must adhere to the above policies and default or failure thereof may lead to account deactivation.
12.1. It is hereby specifically notified that use of the StudioMart service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited and a Subscriber understands that any such use of StudioMart services will be result in deactivation of the service.
12.2. A Subscriber shall not use StudioMart Server to publish material, which StudioMart determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos) executable programs, video recordings, and audio recordings.
12.3. Any attempts to undermine or cause harm to an Vaanam Server or customer of Vaanam is strictly prohibited, Means excessive consumption of resources, including but not restricted to server CPU time, memory, disk space and session time.
12.4. A Subscriber is not supposed to use resource-intensive programs which negatively impact other subscribers or the performances of Vaanam servers. Vaanam reserves the right to Terminate or limit such activities and also be penalized.
12.5. Subscribers are responsible for preventing any misuse or abuse of their account. Subscribers must take necessary steps to ensure that unauthorized persons do not gain access to their account. A Subscriber shall not attempt to breach the security of another account or attempt to gain unauthorized access to another website. Subscribers are responsible for protecting their passwords and access codes. Subscribers will not use or permit anyone to use StudioMart service to guess passwords or access other systems or networks without written authorization.
12.6. Subscribers are prohibited from engaging in any activities that StudioMart determines in its sole discretion to constitute network abuse, including the following, but not limited to:
12.6.1. Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
12.6.2. Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
12.6.3. Executing any form of network activity that will intercept data not intended for the Subscriber.
12.6.4. Evading or circumventing authentication or validation protocol or process or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
12.6.5. Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
12.6.6. Using any program, or sending messages of any kind, designed to interfere with or disable a Subscriber's session.
12.6.7. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the StudioMart.
13.1. Vaanam is required by law to notify law enforcement agencies when it becomes aware of the presence of pornography on or being transmitted through StudioMart application or network. Subscribers are not supposed to publish or transmit through StudioMart or cause the publication or transmission of any content that Vaanam reasonably believes:
13.1.1. Constitutes pornography;
13.1.2. Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
13.1.3. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
13.1.4. Is defamatory or violates a person's privacy;
13.1.5. Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
13.1.6. Improperly exposes trade secrets or other confidential or proprietary information of another person;
13.1.7. Is intended to assist others in defeating technical copyright protections;
13.1.8. Clearly infringes on another person's trade or service mark, patent or other property right;
13.1.9. Is otherwise illegal or solicits conduct that is illegal under laws applicable to Subscriber or to Vaanam; or
13.1.10. Is otherwise malicious, fraudulent, or may result in retaliation against StudioMart by offended viewers.
14.1. Spamming, the sending of unsolicited mass email from, through, or towards Vaanam server is strictly prohibited. Spamming includes, without limitation:
14.1.1. Any form of advertising such as commercial advertising;
14.1.2. Informational announcements to people who do not request them;
14.1.3. Harassing e-mails, whether through language, frequency, amount, or size;
14.1.4. Chain letters;
14.1.5. Malicious e-mail such as "mail bombing";
14.1.6. E-mail containing forged or false information, including the mail-sender and routing information, and subject header;
14.1.7. Any Safe-list mass mailer;
14.2. Any report generated by an independent firm advising Vaanam as to a possible spamming account will result in the suspension of the account until such time as the account is vindicated or it has been concluded that the aforementioned account has proven to be spamming. Any violation of this provision will result in immediate termination of the subscription.
15.1. StudioMart provides technical support to its subscribers during Monday to Friday between 9AM and 6PM, Indian Standard Time. StudioMart limits the scope of their technical support to areas in which it has technical expertise.
15.2. StudioMart makes it clear that this technical support would be confined to only those services that are offered under this category of subscription. StudioMart does not offer or undertake to offer any technical or other support for application specific issues such as Subscriber’s hardware, software, printer, configuration, architecture, speed, performance and any other such issue not attributable to any agreed to be done by Vaanam with respect to StudioMart service under this Agreement.
15.3. StudioMart does not provide technical support for Subscriber's customers.
15.4. For technical assistance, subscribers may contact StudioMart by email to support@vaanamtech.com
15.5. StudioMart makes it clear that any assurance on this support is not liable to be rendered to any Subscriber who is in default of any payment on whatever account due to Vaanam or upon termination or expiry of validity of this Agreement.
16.1. VAANAM operates several paid services (See "SUBSCRIBE StudioMart” section or click here for details). By subscribing to StudioMart range of services, the Subscriber not only agrees to the terms and conditions hereinabove mentioned but also agrees to be bound by and adhere to the following terms:
16.2. A Subscriber agrees to pay subscription charges at the rates in force depending upon the category of subscription. The fee and charges are payable prior to commencement of subscription. In other words, mere signing of this Agreement does not entail any person to avail services of StudioMart.
16.3. Only upon the payment of fee and applicable charges, a person who signs this Agreement will be regarded as a Subscriber. A Subscriber must provide Vaanam with complete and accurate payment information.
16.4. Payment can be made by cheque or cash or credit or any other approved modes of payment and any remittance from any Subscriber having its principal office outside the country or a person who is not a resident in India is subject to the applicable law debit card or through your bank's internet payment gateway.
16.5. By submitting cheque or credit or debit card payment details to VAANAM subscribers warrant that they are legally entitled to enter into contracts for availing a service of this nature and subscribers express their intention to subscribing to StudioMart range of services which are subject to payment of applicable fees and charges, details whereof are given in the website itself.
16.6. In the case of unauthorized payments VAANAM reserves the right to suspend or terminate access to the online services.
16.7. VAANAM will try to process subscription requests promptly but does not guarantee that the paid services will be available to a subscriber within any specified time. The subscribed service will commence only from the time the Subscriber confirms electronically through StudioMart the receipt of an e-mail generated by VAANAM and sent to the registered e mail ID of the Subscriber confirming your subscription details.
16.8. VAANAM charges its StudioMart Subscribers in Indian rupees (INR), and any payment in any other currency will be calculated at the relevant rates of exchange. Subscriber is liable to applicable taxes levied in India, whether by the Union Government or by any State Government concerned.
16.9. Vaanam will collect the penalty charges of INR 800 for any cheque bounce due to unavailability of funds or any reason.
17.1. Vaanam would suspend service or terminate its service under this Agreement in case a Subscriber fails to pay charges when due. Such termination or suspending of service or connection under this Agreement will be system triggered and it may happen automatically without any notice or reminders.
17.2. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus penalties for delayed payment at the rate of 1% of the fee due for every day of default besides being liable for reimbursement of all legal and other charges actually incurred by Vaanam for collection of fee due.
18.1. A Subscriber is entitled to availing SMS service offered by StudioMart. For this purpose, Vaanam engages reliable agencies for providing these services provided any Subscriber desirous of availing these services agree to the terms and conditions thereof as specified in this Agreement.
18.2. A Subscriber understands that by agreeing to these terms and conditions of this subscription, a Subscriber, ipso facto, indicates its Agreement to availing the SMS service also.
18.3. It is a condition of use of StudioMart SMS services that Subscriber do not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to any criminal or civil liability or otherwise violate any local, state, national or international law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
18.4. Subscriber cannot use any other accounts to send SMS other than the name in which the account has been designated. Using account of any other Subscriber is an unauthorized use which will result in termination of the account of the Subscriber.
18.5. Through monitoring of use of an account of a Subscriber, system will identify from time to time any attempt or potential or actual unauthorized uses / users and any such attempt / use is liable to be treated as an offence and the person responsible for the same will be punished in accordance with applicable law, whether or not such use has resulted in any harm in any manner to StudioMart or to any of its subscribers or its server.
18.6. Sending unsolicited SMS messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
18.7. Vaanam has no control on the SMS contents. Vaanam shall not be held responsible/liable directly of indirectly neither for the content of the SMS sent nor for any delay in delivery or non-delivery or for any errors routed by StudioMart through its Short Message Service Centre [SMSC].
19.1. Subscriber shall use the facilities provided by StudioMart for delivery of MT SMS that terminates within India only. Subscriber also acknowledges that it will not use the capability of sending international SMS through Studiomart’s SMSC.
19.2. Subscriber shall not send unsolicited SMS (also referred to as ‘spamming’) to their customers or other persons using SMSC of StudioMart. All SMS sent by a Subscriber using StudioMart SMSC must conform to Information Technology Act, 2000 and other applicable laws of India. Penal and other consequences of any contravention of any law for the time being in force whether such contravention was willful or due to negligence or otherwise will accrue to the Subscriber only. StudioMart bears no liability whatsoever for such contravention. However if any such contravention comes to the knowledge of StudioMart, the same triggers immediate suspension or termination of the subscription without any prior notice.
19.3. Subscriber will have independent and complete control of the SMS sent through StudioMart SMSC and shall not misuse this facility in any manner whatsoever. In case if it is found that a Subscriber is misusing or abusing this facility or causing any nuisance or committing any crime.
19.4. In case any Subscriber is engaging in any such activity, the subscription will be terminated forthwith and Vaanam will in no way responsible for any such message and the subsequent fallout.
19.5. If any SMS is intended to be served on any person, StudioMart would strive to do the same immediately on receipt of it from the Subscriber. However StudioMart shall not be responsible for any delay, non receipt of SMS or any other interruption in providing SMSC facility, which may occur due to technical reasons or snags in the system, break down of SMSC or any other equipment, server breakdown, maintenance shut down, breakdown of communication services and such interruption are beyond the control of StudioMart.
19.6. StudioMart SMS terms and conditions are comes under the TRAI Regulations (www.trai.gov.in) and the conditions revised by TRAI at any time would supersede this.
20.1. In consideration of StudioMart forwarding the SMS through its SMSC, Subscriber is liable to pay applicable service taxes at the rate prescribed under law for the time being in force.
20.2. Vaanam shall be entitled to charge for all the SMS routed by its SMSC, irrespective of any delay, incomplete message and or non-receipt of the message by the irrespective mobile phone to whom such SMS has been forwarded, however, Vaanam bills the SMS only on delivery as per SMSC reports & CDR’s. Vaanam will notify the Subscriber of any change in the applicable tariff.
20.3. Vaanam shall raise bills at the time of buying the credits by Subscriber. The number of MT SMS submitted by Subscriber shall be counted for settlement. Subscriber agrees to pay the bill amount immediately when sent by Vaanam. Such payments shall be in Indian Rupees (INR)
20.4. The bill generated by Vaanam shall be the conclusive proof of the SMS sent by SMSC of Vaanam and the same shall be honored by the Subscriber. However in case any anomaly is found by the Subscriber, the Subscriber will present its statistics and both parties shall resolve the issue.
20.5. Bulk SMS will be sent by the Subscriber to national customer only. The Bulk SMS rates are subject to change.
20.6. Nature of content and primary applications to be specified by the Subscriber.
20.7. Timing decided for sending these SMSs is 8 am to 8 pm.
20.8. In case of change/revision of IUC for inter operator termination charges; these bulk SMS charge will revised. Subscriber will have to pay the differential amount in order to send non-consumed SMS.
20.9. In case TRAI levies any additional Charges above 1 Paisa per SMS e.g. interconnectivity charges, the Subscriber will have to bear all such charges for the Balance SMS Credits in their account.
20.10. Vaanam reserves the right to suspend or terminate the service without giving any notice if the Subscriber fails to make payment of the fee and charges for the category of service chosen by the Subscriber.
20.11. If any differential charges are payable, Subscriber shall ensure that such charges are promptly paid. In case of default, the subscription may be suspended after giving a prior notice by E-Mail or SMS to the Subscriber to the e mail id or mobile number registered with StudioMart.
20.12. In case default continues, Vaanam reserves the right to suspend or terminate the service without giving any further notice.
21.1. Vaanam shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems etc.
21.2. Vaanam shall not be responsible in any manner whatsoever to the Subscriber or any other third party for delayed, incomplete and non-delivery of SMS due to technical reasons.
22.1. A Subscriber is entitled to apply to Vaanam in writing requesting to cancel the services rendered under this Agreement. All requests for canceling subscription must be made in writing/mail with at least 30 (thirty) days notice but not more than 60 (sixty) days prior written notice and sent to Vaanam.
22.2. Vaanam does not offer any refund of money at any stage or on any ground once the payment for the category of subscription has been effected.
22.3. Online subscription cancellation can apply to Vaanam in writing requesting to cancel the services rendered under the agreement. Vaanam does not offer any refund of money at any stage or on any ground for online subscription.
22.4. Provided if it happens to be a case where the Subscriber has not availed the services at all except creating a log in ID and entering the website, StudioMart may, in its absolute discretion, agree to make a partial refund of not more than 75% of the fee paid, depending upon when the Subscriber issues a notification to Vaanam expressing intention to cancel the subscription.
22.5. In any other case, refund of any subscription fee paid is subject to absolute discretion of Vaanam and if Vaanam agrees to refund any money, it will take 60 (sixty) to 90 (ninety) days from the date of receipt of request by Vaanam through e-mail (registered with the StudioMart).
22.6. Any refund is also subject to deduction of charges such as monthly fee (pro-rata basis), SMS charges, 15% processing charges will be deducted from the refundable amount.
22.7. No request will be entertained for any partial modification of or tenure reduction of services. A Subscriber who has cancelled the subscription services may enter into fresh contract of its own choice subject to terms and conditions and such Subscriber is not entitled to claim any adjustment of subscription fee or other charges already paid to Vaanam in pursuance of an earlier agreement which the Subscriber had cancelled.
22.8. Nothing fetters the right of Vaanam to cancel the subscription service in case a subscriber is found to be in violation of or violating the terms of this Agreement at anytime without being obliged to give prior notice. However written communication of such cancellation will be notified to the Subscriber together with reasons thereof to the registered email ID provided by the Subscriber. However a Subscriber may be able to access Data by submitting data request to Vaanam by e mail for the sole purpose of downloading or taking a copy of the Data on a physical hard drive at his / its cost.
22.9. This facility will be provided at the sole discretion of Vaanam and subject to any orders of Court or any other order which restrains Vaanam from sharing any Data. Such back up down load or copying facility of will be provided only once; for special charges to be paid and the Data so made available will be only for a period 5 (five) years.
23.1. Subscriber agrees that it shall defend, indemnify, save and hold Vaanam harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Vaanam, its agents, officers and employees, that may arise or result from any service provided or performed or agreed to be provided or performed or any product sold or agreed to be sold by its agents, employees or assigns.
23.2. Subscriber agrees to defend, indemnify and hold harmless Vaanam and its agents, officers and employees against all such claims and liabilities whether arising from (1) any actual or potential loss or injury to any person or property caused by any products sold or otherwise distributed through or utilizing the StudioMart service; (2) any material supplied by Subscriber infringing or allegedly infringing on the property rights of any third party; (3) any infringement of intellectual property rights of any party; (4) any defect or deficiency in products or services sold to any person by any Subscriber provided or rendered through StudioMart, whether any such transaction had taken place officially or unauthorisedly.
24.1. Subscriber is not entitled to transfer or assign rights acquired under this Agreement without the prior written consent of the Vaanam. Vaanam may assign its obligations under this Agreement at anytime without notice to Subscriber but without imposing additional cost to Subscriber.
25.1. Vaanam is not responsible for the unavailability or slowness of the StudioMart application and consequent business inconvenience, if any.
26.1. StudioMart is under no duty to look at the activities of each and every Subscriber to determine if any violation of any of the terms of this Agreement or any provision of any law for the time being in force.
27.1. Being an online web based service all communications, documents and reports shared on the website are transacted and handled online only. Delivery of services will be notified to subscribers through their email account, the one with which Subscriber had registered on StudioMart website.
27.2. No physical shipping of anything is envisaged from Vaanam under this Agreement.
27.3. In case of any need, subscribers, may however, contact Vaanam through e mail ID support@vaanamtech.com or contact Vaanam over a telephone at +91 422 256 7626.
28.1. The Subscriber or any person claiming through a Subscriber acknowledges and agrees that, in entering into this Agreement and statements and declarations referred to in this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently other than any statement or declaration which has been expressly set out in this Agreement as a warranty or representation.
29.1. Nothing in this Agreement shall operate to limit or exclude any liability of any Party who is aggrieved of any fraud by other Party, whether the fraud is played by the other Party directly or indirectly.
30.1. Indirect or attempted violations of the terms of this Agreement and actual or attempted violations by a third party on behalf of a StudioMart Subscriber or a Subscriber's end user shall be considered violation of the policy by such customer or end user.
30.2. Any Subscriber violating these terms and conditions is liable for the costs and consequences of any legal action initiated in a manner known to law.
31.1. Vaanam has rights to enquire, inspect and audit all such papers and records, whether they are physical records or electronic records to verify volume of data, authorisation of persons or for the verifying any other fact or particular as may be necessary for the purpose of exercising its rights under this Agreement.
31.2. Any refusal by the Subscriber to furnish any information to Vaanam as per written request shall constitute a breach of terms of this Agreement and may lead to termination of Agreement.
32.1. Irrespective of the claim of a Subscriber as regards the value of Data stored, retrieved and used by a Subscriber through StuidoMart, no claim whatsoever can be made against Vaanam for any loss of data or temporary or partial or any temporary or permanent difficulty faced by a Subsciber to access Data which situation might have been brought about due to any Acts of God or any circumstances beyond the control of Vaanam.
32.2. Any loss of data, partial or full, from mirror image facility or any inability to grant access to retrieving data from such standby or fall back source shall not entitle any Subscriber to claim any compensation whatsoever from Vaanam.
32.3. Vaanam does not offer any warranty or indemnity of whatsoever nature, whether any claim arises on account of loss of Data or delays, defects, deficiencies, non-deliveries, wrong delivery, and any and all service interruptions caused by anything attributable to Vaanam or its agents, officers and employees.
32.4. In any event, by signing this Agreement, the Subscriber agrees that the liability of Vaanam would not exceed, whatsoever be the reasons that might have formed the basis of any claim by the Subscriber , a maximum sum of Rs._______ or 10 (ten) times the fees paid by the Subscriber concerned to Vaanam for availing services under this Agreement relating to the financial year in which a cause of action has accrued to the Subscriber, whichever is lower.
33.1. Vaanam agrees and undertakes to keep confidential all the information and particulars shared by the Subscriber with Vaanam through StudioMart.
33.2. Confidential Information for this purpose shall include the access control passwords and other systems that are unique, created and provided to the satisfaction of Subscriber subject to the limitations posed main server location and architecture and undertakes not to disclose the same or any part of the same to any person other than to any person who has been duly authorised by Subscriber in a reliable manner and whose identity has been properly shared through StudioMart.
33.3. Confidential Information does not include any data stored by Subscriber and that part of keys, passwords, fire wall systems and access controls introduced, installed and operated by Subscriber which should not be / has not been shared with StudioMart. Vaanam has no access to the data and those particulars nor is Subscriber obliged to provide access to data and give details thereof under this Agreement unless otherwise so directed by an order of a competent Court of law or any tribunal or any authority constituted under any law for the time in force.
33.4. Confidential Information includes data containing details of / calendar of date, time and duration of access to server and volume of data transferred by Subscriber, persons who have operated the systems to access the main server.
33.5. The provisions of this clause shall not apply to such Confidential Information which Vaanam can prove to have been in its possession at the date of receipt; or which is already in the public domain or in public knowledge without being attributable exclusively to any action by or omission to act on the part of Vaanam.
33.6. Nothing in this clause shall prevent Vaanam from disclosing Confidential Information where it is required to do so by judicial, administrative, governmental or regulatory process in connection with any action, suit, proceedings or claim or otherwise by applicable law.
33.7. The provisions of this clause shall remain in force notwithstanding expiry or earlier termination of this Agreement.
34.1. This Agreement shall be in force until it is mutually decided by the parties in writing to terminate the same. However Vaanam has its absolute right to terminate without notice access rights granted to Subscriber under this Agreement without giving any notice to Subscriber if it is reliably learnt that the Subscriber is engaged in any activity that is illegal, unlawful, contrary to any law for the time being in force in India or any other applicable law.
34.2. Without prejudice to the above, Vaanam may terminate the Agreement if the Subscriber commits any breach of terms and conditions of this Agreement and even after being duly notified in writing with a notice of 10 (ten) days calling upon the Subscriber to remedy the breach and inspite of the same the data part remaining in breach.
34.3. Renewal of this Agreement is subject to terms and conditions and is further subject to the sole discretion of Vaanam.
35.1. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
36.1. In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable by the judgment, decree by consent or otherwise of a court of competent jurisdiction, all other clauses or parts of clauses contained in this Agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.
37.1. No relaxation, forbearance, delay or indulgence by either party in enforcing any of the terms and conditions of this Agreement or the granting of time by either party to the other shall prejudice, affect or restrict the rights and powers of that party, nor shall any waiver by either party of any breach of this Agreement operate as a waiver of or in relation to any subsequent or any continuing breach of it.
38.1. No variation to any of the terms of this Agreement shall be valid, effectual and enforceable unless it is in writing duly signed by an officer authorised for that purpose by each Party.
39.1. The parties shall execute all further documents as may be necessary or desirable to give full effect to the terms of this Agreement and to protect the rights of the Parties.
40.1. This Agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement.
41.1. Unless any information or notification is supposed to be very specifically addressed to the Subscriber, general notices and notifications common to all subscribers in general will be posted in the website on the Notice Board.
41.2. For specific communication purposes, every Subscriber must provide an active e mail ID and also mobile number and other contact particulars including a physical office address of the Subscriber. Subscriber agrees that any notice or invoice or communication sent by e mail or sms or other modes of communication is valid and effectual and Subscriber agrees not to challenge validity thereof in any manner whatsoever in any court of law or tribunal or judicial or quasi-judicial forums or any other authority constituted under any law for the time being in force. Subscriber undertakes to promptly acknowledge the receipt of any such notice or invoice or communication.
41.3. Any notice or other document to be given under this Agreement shall be given by sending the same in a pre-paid first-class letter or by fax to the address of the relevant party as set out in this Agreement, or to such other address as such party may have notified to the other for such purposes.
41.4. Any notice sent by post shall be deemed (in the absence of evidence of earlier receipt) to have been delivered fourteen (14) days after despatch and, in proving the fact of despatch, it shall be sufficient to show that the envelope containing such notice was properly addressed, stamped and posted.
41.5. Any notice sent by fax shall be deemed to have been delivered on the day following its despatch.
41.6. Notices to any Party may also be validly issued by one Party to another by e mail in a secured manner subject to due confirmation from recipient. The authorised e mail Ids for this purpose are as given below.
41.7. Parties agree to notify each other of any changes in the e mail ID. Parties undertake to keep the e mail IDs in use and usable condition at all times.
42.1. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the substantive laws of India in force from time to time.
43.1. Parties irrevocably agree that the Courts in Coimbatore in the State of Tamilnadu, India alone shall have exclusive jurisdiction to the exclusion of all other Courts with respect to any question or matter arising under this Agreement.
44.1. Parties agree to have disputes if any arising under or in relation to this Agreement resolved by mutual discussion and negotiation.
44.2. A party who raises a dispute shall communicate the same precisely and in brief to the other Party by issuing a dispute resolution notice inviting the other party to take remedial steps or otherwise resolve the same.
44.3. If within a period of (30) thirty days the dispute is not resolved, Parties agree to have such disputes or disputes remaining to be resolved through arbitration through a Sole Arbitrator venue whereof shall be Chennai and the Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996.
44.4. The Arbitrator shall not be less than the rank of Retired Judge of High Court of India appointed by Vaanam and the proceedings shall be conducted in English language.
