Stakeholders/users are advised to please read general and special terms and conditions carefully before clicking the box indicating your acceptance or using the serapis websitelication (app) / website and / or the services as defined below.
The website www.serapiz.com and the information, services and other materials contained therein are provided and operated by serapis knowledge solutions private limited (referred to as we, us or company or serapis). the use of the website and programmes constitutes an unconditional agreement to follow and user shall be bound by the terms
Please review our terms of use, privacy policy and other policies available on the website (collectively referred to as the terms) that govern the use of the website and programmes. each programme may have a separate set of terms dealing with payments, refunds, deferrals, etc. governing such programmes, and our corporate clients may have executed separate written agreements with us, which, in the event of a conflict, will supersede these terms to the extent of the conflicting provisions.
These terms may be changed from time to time without prior notice. user should review this page regularly. whether you have enrolled in a programme or are simply browsing the website, once you have accessed the website or programmes, you shall be considered a user for the purpose of these terms. you are responsible for all your activities in connection with the use of the website and programmes. you hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. you shall not resort to any unethical practices while using the website.
Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other phishing, pharming or whaling message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the website or any other third party whatsoever. however, if any such event does take place, serapis shall not be liable for any loss of data or if the user’s device, computer or any other property is compromised in any manner.
You acknowledge and agree that serapis has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you.
By using the services, you (a) agree to the terms either your own or on behalf of your company or other legal entity (customer) and represent that you have the authority to do that.
If this is not what you intend, or if you do not fully understand and agree with any or all of these terms and conditions and general terms and conditions, then do not click the box indicating your acceptance and do not access any serapis website or use the serapis website / portal or services.
1. DEFINITIONS
Affiliate means any entity, which controls, is controlled by, or is under common control with Customer or with SERAPIS, as applicable
Agreement means the combination of these Terms, the Privacy Policy, and any referenced addendums, amendments, exhibits, Service Orders, schedules, SOWs, and/or other contract documents.
SERAPIS Services means the method of using and accessing data through the SERAPIS WEBSITE / PROGRAMMES / PORTAL.
Data means any data transmitted to, from, and/or through any SERAPIS service including, without limitation, the SERAPIS WEBSITE / PROGRAMMES / PORTAL, electronic data exchange, communication and distribution of data supplied by the Parties from any source, including, without limitation, proprietary SERAPIS data, Customer data, Carrier data, and/or public data, including, without limitation, any data related to SERAPIS.
SERAPIS, We, or Us means Serapis Knowledge Solutions Private Limited as an entity and Website / Portal and their derivatives and components as its products.
Services means all sorts of services facilitating the users gain formal and informal knowledge and skill through training, assessment, consulting, research and digital solutions in the field of productivity, profitability, reliability, sustainability and many more as they may choose or seek.
Parties means collectively Serapis and Customer.
Party means individually Serapis and Customer.
SERAPIS WEBSITE / PROGRAMMES / PORTAL / WEBSITE means the proprietary SERAPIS WEBSITE, infrastructure, products, and services, including, without limitation, the Services delivered and accessed via a variety of means as determined by Serapis, including, but not limited to Intellectual Property made available through our services.
Privacy Policy means the Serapis’s Privacy Policy available on the SERAPIS’s WEBSITE / PORTAL, as may be amended from time to time.
Service(s) means services (including but not limited to research, assessment, consulting, training, digital solutions, etc. selected by Customer singly or combinedly), products, data and information provided by or through SERAPIS or authorised third-party service or data providers and/or the SERAPIS WEBSITE / PROGRAMMES / PORTAL which may be accessed by Customer via the SERAPIS WEBSITE / PROGRAMMES / PORTAL and the use of any SERAPIS website, whether logged in or not, including our applications.
Service Provider means any third party associated with the Serapis for providing any of the Services through SERAPIS WEBSITE / PROGRAMMES / PORTAL or any other means directly/indirectly through SERAPIS to the Users/Customers.
Service-Specific Attachment means the Service-specific terms and conditions that are incorporated by reference into a Service Order or contract.
Service Order means the order form, contract, or agreement, in a form provided by SERAPIS, between SERAPIS and Customer identifying Services ordered by or made available to Customer and signed or otherwise accepted by both Customer and SERAPIS.
Third-Party Services shall mean each and every Service provided by Service Provider to the Users/Customers via SERAPIS WEBSITE / PROGRAMMES / PORTAL or on reference or by any other mode directly, indirectly.
2. PERMITTED USES / USE OF SERAPIS WEBSITE / PROGRAMMES / PORTAL AND SERVICES
SERAPIS’s products and services are designed for bona fide use only and are not for any other use that is not expressly granted. Notwithstanding anything to the contrary in these Terms, any use for any business or commercial purpose that is competitive with SERAPIS or its Affiliates or that may devalue SERAPIS’s or its Affiliates’ business value or commercial interests is expressly prohibited.
By registering, accessing, browsing, viewing, using, downloading, generating, receiving or transmitting any data, information or messages to or from the SERAPIS WEBSITE / PROGRAMMES / PORTAL, via the Services, and/or via SERAPIS website or service, Customer hereby accepts, without limitation or qualification, this Agreement as currently constituted and as may be updated from time to time in accordance with its terms.
You may avail the Services by contacting SERAPIS Customer services or applying online through SERAPIS WEBSITE / PROGRAMMES / PORTAL. Use of any SERAPIS Service or Third Party Service may be subject to the applicable Service Specific Attachment.
In its sole discretion, SERAPIS shall control the appearance, development and operation of the SERAPIS WEBSITE / PROGRAMMES / PORTAL, the Services, and SERAPIS websites. SERAPIS may, in its sole discretion, set standards for the messaging performance between SERAPIS and Customer. Information and Data provided via the SERAPIS WEBSITE / PROGRAMMES / PORTAL or the Services may be changed and/or updated without prior notice.
You agree to regularly revisit and review the SERAPIS website for changes to the Policies and Terms & Conditions. In the event SERAPIS posts changes to these Terms or to the SERAPIS Website / Programmes and you continue use of the SERAPIS WEBSITE / PROGRAMMES / PORTAL and/or Services shall constitute Your agreement to such changes.
In the event of any conflict between contract documents you have with SERAPIS, the order of precedence shall be (i) any Service Order or contract for services; (ii) Service Specific Attachments, if any; and (iii) these Terms. Should a conflict exist between several Service Orders or several Service Specific Attachments the terms of the most recent Service Order or Service Specific Attachment, respectively, shall control.
3. USE OF THIRD-PARTY SERVICES THROUGH SERAPIS
In addition to the these Terms/Agreement, You / User hereby agree, acknowledge and accept that the terms & conditions of the Service Providers, as available on the website of the Service Provider of the particular Service(s) which You may access/avail, for availing/accessing Third Party Services shall also be read, confirmed and agreed.
4. ACCESS AND USES OF THE SERAPIS WEBSITE / PROGRAMMES / PORTAL
Customer agrees not to use the SERAPIS WEBSITE / PROGRAMMES / PORTAL, and/or the Services for any unlawful purpose or any purpose prohibited by these Terms.
You agree not to:
Users are prohibited from posting the Contents that (User Content):
SERAPIS monitors but does not guarantee control over the User Content posted through the WEBSITE, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content as they all are posted by the users themselves. Under no circumstances will SERAPIS be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content.
You are responsible for complying with all the laws applicable to the User Content.
Users are prohibited from violating or attempting to violate the security of the WEBSITE or any other associate WEBSITE of SERAPIS. Violations of system or network security may result in civil or criminal liability. SERAPIS will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this WEBSITE or any activity being conducted on the WEBSITE. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the WEBSITE other than the search engine and search agents available from SERAPIS on the WEBSITE and other than generally available third-party trusted/secured web browsers.
The WEBSITE may contain links to pages on other websites (Linked Sites), and those Linked Sites may contain Content or offer products and/or services for sale. SERAPIS does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that SERAPIS have no responsibility for the accuracy or availability of information provided by Linked Sites and SERAPIS do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites.
SERAPIS shall not be held liable for any transactions conducted by you with third parties through the linked sites or for any liability arising from the representations or information provided on such linked sites.
SERAPIS makes no representations that the WEBSITE operates or is legally permitted to operate in all geographic areas, countries, or that the WEBSITE, or information, services or products offered through the WEBSITE are appropriate or available for use in other locations.
In order to access and interact with the SERAPIS WEBSITE / PORTAL and/or the Services, Customer must be able to operate and maintain the necessary software and hardware, including, without limitation, Web browser software and appropriate communications infrastructure. Acquiring, installing, maintaining and operating any software and hardware needed to do so is solely Customer’s responsibility. SERAPIS is in no way responsible or liable for Customer’s access to the Internet, including, without limitation, any connection speed issues, bandwidth, browser compatibility, or latency-related problems that may affect Customer’s ability to access and use the SERAPIS WEBSITE / PROGRAMMES / PORTAL and/or the Services.
5. FEES AND PAYMENTS
The fees for Services may include, without limitation, an onetime registration/set-up/implementation / training fee, turnkey consultation, annual / periodic subscription or support fee, and/or a per-container or per-transaction fee. Any such fees are set forth in a Service Order.
Unless expressly set forth otherwise, Customer is liable for and will pay any and all applicable taxes relating to the Services.
SERAPIS will invoice Customer based on the terms of your Service Order for any particular Service. If no invoice terms are specified in such Service Order, SERAPIS will invoice as follows: (i) for monthly, quarterly, half-yearly annual, or other recurring or subscription charges: annually in advance; (ii) for one-time charges: immediately upon order; and (iii) for Services that are priced on the amount of Transacted Containers: monthly in arrears. However, the Service Order Terms & Conditions would supersede with respect to that particular customer.
Customer shall pay all invoices when due as set forth in the applicable Service Order; provided that If no invoice terms are specified in such Service Order, invoices shall be due within 07 days of receipt.
Customer shall raise all invoice disputes within 03 days of the date of the invoice; otherwise Customer waives any right to dispute. In order for a dispute to be valid, Customer must include a detailed description of the disputed items, the reason for the dispute, and the requested resolution of the dispute. For any disputed invoice, Customer shall pay all undisputed amounts when due and then promptly cooperate with SERAPIS to investigate and resolve the disputed amount.
For any payment not received when due or within 07 days of Customer’s receipt of SERAPIS’s invoice, whichever is later, Customer’s balance due will accrue interest at 18% per annum, calculated monthly.
In addition to SERAPIS’s right to terminate this Agreement, in whole or in part, based on non-payment by Customer, SERAPIS may, after notice to Customer limit or suspend Customer’s access to any or all Services, in whole or in part, until Customer’s account is made current.
Unless expressly set forth otherwise, all fees charged or invoiced by SERAPIS are in the local currency, such as INDIAN RUPEES in INDIA, Ringgit in Malaysia, etc. and all payments due by Customer shall be paid in a manner acceptable to SERAPIS. International transactions are made in US Dollars or any internationally free trade currency as permitted by nations of both parties in common.
SERAPIS may modify pricing for any Services upon 30 days’ notice to Customer. During such notice period, Customer may terminate its use of the Services and any applicable Service Order for such affected Service but only for the affected Service.
6. ERRORS
The WEBSITE and/or Programmes may contain typographical errors or inaccuracies or omissions and may not be complete or current. SERAPIS, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
ALL SERAPIS WEBSITE / PROGRAMMES / PORTAL DATA AND SERVICES ARE PROVIDED AS IS WITH NO GUARANTEES OF COMPLETENESS, ACCURACY, OR TIMELINESS OF RESULTS OBTAINED FROM THE USE OF SERAPIS WEBSITE / PROGRAMMES / PORTAL DATA OR THE SERVICES.
7. LINKED WEB SITES
SERAPIS makes no warranties or representations whatsoever regarding any other Web sites Customer may access through the SERAPIS WEBSITE / PROGRAMMES / PORTAL and/or the Services. When accessing a non-SERAPIS Web site / Programmes / App, Customer understands that such Web site / Programmes / App is independent from WEBSITE and that SERAPIS has no control over the content of that Web site. In addition, a link to a non-SERAPIS Web site / Programmes / App does not mean that SERAPIS endorses or accepts any responsibility for the content or the use of such Web site / Programmes / App unless specifically mentioned. It is up to the Customer to take precautions to ensure that whatever is selected for Customer’s use is in all ways suitable and free of viruses and other items of destructive nature.
8. DISCLAIMER OF WARRANTIES
Serapis disclaim all warranties and conditions, express, implied, or statutory, with regard to the serapis website / programmes / portal and/or the services including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and use or freedom from infringement or third party intellectual property rights, or arising from course of dealing, course of performance or usage of trade. the serapis website / programmes / portal and/or the services may not be continuous, uninterrupted, error-free, or free of any viruses. serapis further disclaims any warranty or representation regarding availability of a service, service levels or performance. serapis will not be liable for any loss or injury arising out of, in whole or in part, serapis’s conduct in collecting, compiling, or interpreting information
Customer assumes total responsibility and risk for the use of the serapis website / programmes / portal, services, portal data, documents and any other data or information offered by or through the serapis website / programmes / portal and/or the services.
No advice or information, whether oral or written, obtained by the user from serapis or through or from the services, shall create any warranty by serapis.
The user understands and agrees that the serapis content and all other information, data, or other material downloaded or otherwise obtained through or from the website or programmes is obtained at the user’s own discretion and risk, and that the user will be solely responsible for any damage to the user, the user’s computer system, electronic device or any loss of data that results from the download of such material or data.
In the event you find that the information provided on the website or programmes is incorrect, or if you are the owner of any information or content and wish that such information or content is not displayed on the website or programmes, kindly notify us at the address provided at the bottom of the page.
9. LIMITATION OF LIABILITY
Neither serapis (including each of its respective employees, agents, officers, directors, licensors or affiliates) nor any third-party service/data provider, whether in tort, contract, strict liability or otherwise, shall be liable for any indirect, consequential, special, incidental, exemplary, or punitive damages (including damages for lost profits, lost revenues, or business interruption) arising out of, based on, or resulting from this agreement or any documents, any serapis website / programmes / portal data, personal data and other data or information, any software or any of the services provided through your interaction with the serapis website / programmes / portal and/or services provided hereunder, as well as any information and documents, any data or messages generated, received, transmitted, downloaded or otherwise disseminated which are related to or stem from customer’s use of the services and/or registration at the serapis website / programmes / portal. the foregoing shall apply: (a) even if serapis or third-party service provider has been notified of the possibility of such damages; and (b) regardless of the negligence or other fault of either party, regardless of whether such liability sounds in contract, negligence, tort, or any other theory of liability.
in consideration of the services provided by serapis, the aggregate cumulative liability of serapis or third-party service or data providers to serapis, to you for any and all claims arising out of or in connection with this agreement, its termination, or any services, will not exceed the lower of (i) the amount actually paid by customer to serapis during the preceding 3 months or (ii) five hundred rupees.
You agree that any claim or cause of action arising out of or related to your use of the services or this agreement must be asserted within one year after such claim or cause of action arose. you expressly waive any right you may otherwise have under any statute or law for any claims not made within such one year period.
The limitations of liability set forth in this section reflect the allocation of risk between the parties. the limitations specified in this section will survive and apply even if any limited remedy specified in these terms found to have failed of its essential purpose and shall inure to the benefit of serapis, including its affiliates, and/or its respective suppliers.
10. INDEMNIFICATION
Customer will indemnify, hold harmless, and defend SERAPIS (including its Affiliates), and all of its (including of its Affiliates) current and former officers, directors, members, shareholders, agents, and employees (the Indemnified Parties), from any and all Claims.
Claim means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, fines, damages, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), which arises out of: (a) Customer’s breach of this Agreement, or (b) Customer’s violation of any law or rights of any third party; or (c) Information or Content that Customer/User post or otherwise make available on the website or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights. SERAPIS will provide Customer with reasonable notice of any Claim. Customer will not settle any claim without SERAPIS’s prior written consent, which will not be unreasonably withheld.
11. DATA PROTECTION
This Agreement incorporates the SERAPIS Privacy and Security Policy (Privacy Policy) which are available at: https://www.serapiz.com/
When using the Service, Customer will have the option to provide certain personal or business contact information, including but not limited to, name, address, email address and telephone number (collectively, the ‘Personal Data’).
Customer will likely need to submit some Personal Data in order to submit transactions via the SERAPIS WEBSITE / PROGRAMMES / PORTAL. Customer agrees to:
SERAPIS will not monitor fields for compliance with data protection laws that are not clearly intended to contain Personal Data (for example, mode of delivery or payment). SERAPIS will disclose fields not clearly intended to contain Personal Data to third parties, such as to a Carrier, without identifying them as containing Personal Data and if You insert Personal Data in such fields it may be further disclosed (including by publication or public display) to other third parties, such as in customs filings.
12. SERAPIS’S INTELLECTUAL PROPERTY RIGHTS
SERAPIS logos, trademarks and service marks that may appear on the website and in the Programme (SERAPIS Marks) are the property of SERAPIS and are protected under Indian laws. All other trademarks, service marks and logos used on the websites, Portals, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the websites are protected by applicable Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of SERAPIS.
As a condition of accessing the Websites and/or using the Programmes, you agree not to:
(a) reproduce, duplicate, copy, reengineer, reverse engineer, sell, resell or exploit for any commercial purpose or any portion of it thereof, other than as expressly allowed under these Terms; and
(b) use the SERAPIS Marks or the name, trademarks, service marks, or other materials of any Service Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.
Any wilful effort to reproduce, duplicate, copy, reengineer, reverse engineer, sell, resell or exploit SERAPIS content or that of its service partner contrary to above clause will leave you open to legal action for piracy.
13. THIRD-PARTY INTELLECTUAL PROPERTY
SERAPIS respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks. It is our policy to expeditiously respond to clear notices of alleged infringement of Intellectual Property Rights. If we receive proper notification of infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us a description of the product, work or other intellectual property that you claim has been misrepresented or infringed and a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Website/Programme along with a statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable laws.
14. End-User License Agreement
By agreeing to adhere to the clause 12 and 13 as aforesaid, the users agree to be abided by the End-Use Licenses Agreement (EULA) and agree to abide by the standard EULA terms and conditions including but not limited to those prescribed by Android, IOS, MacOS and Windows.
15. ADDITIONAL TERMS
NIL
16. Payment Terms and Refund Policy
Unless otherwise expressly agreed in writing by SERAPIS, full payment for participation in a Programme is required at the time of purchase of program/course.
It is the sole responsibility of the user enrolling into a Programme to check the accuracy of, and evaluate the suitability and relevance of, the Programme elected. The enrolment into a Programme is non-transferable.
To make payment for any Programme or to purchase any services or products offered by SERAPIS through the website, you must have internet access and a current valid accepted payment method as indicated during sign-up (Payment Method). SERAPIS does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case SERAPIS’s third-party payment provider stores any such information, SERAPIS will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and SERAPIS is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the website.
No refund will be made once the payment (in part or whole) for a Programme has been made. We do not provide refunds for the lack of usage or dissatisfaction.
If you have subscribed for a free trial, the free trial period will last for the period specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, you may be ineligible for certain features of a product or service during your free trial period.
Use of Programmes
SERAPIS reserves the right to amend, modify, release, withdraw SERAPIS and its components anytime with prior notice of 15 days. SERAPIS also reserves the right to take unannounced temporary shutdown for facilitating a security check or as a preventive measure to hacking. You also understand that SERAPIS, at its sole discretion, may limit, suspend, or terminate your use of the WEBSITE or Programmes and/or all SERAPIS provided services related to the Programmes, such as access to SERAPIS support services, evaluation services. You also understand that SERAPIS may modify or discontinue all services related to its Programmes at its sole discretion. You agree that SERAPIS shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate SERAPIS to maintain and support the Website or Programmes or any part or portion thereof or any associated services. Any money collected for cancelled services will be refunded in proportion of the consumption or validity of the subscription.
Limited License
The SERAPIS website and service on the website are licensed, not sold. In consideration for your agreement to these Terms, SERAPIS grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Website and Program, solely in accordance with the Terms. You may download the SERAPIS website and subscribe for your own personal, social and commercial use, provided you use it for legitimate and lawful purposes as per terms & conditions refenced in this document. You may not copy, reengineer, reverse engineer, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of SERAPIS or any of its component.
You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate SERAPIS. From time to time, SERAPIS may include software, code, instructions, or other such information in SERAPIS for use; any such information is provided on an as-is basis for use, analysis and are subject to the ‘Disclaimer’ and ‘Limitation of Liability’ sections below and other terms herein. SERAPIS and/or its affiliates and licensors reserve all rights not expressly granted herein to the SERAPIS website, website content, and SERAPIS Marks.
17. TERMINATION OF RIGHTS
You agree that SERAPIS, in its sole discretion, may deactivate your account or otherwise terminate your use of the APP or subscription with or without reason, including, without limitation, if SERAPIS believes that you have:
(a) breached the Terms;
(b) infringed the intellectual property rights of a third party;
(c) posted, uploaded or transmitted unauthorised Content on or through the Website / App / Portal; or
(d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct.
You agree that any deactivation or termination of your access to the Websites or Programmes may be effected without prior notice to you and that SERAPIS shall not be liable to you nor any third party for any termination of your account or enrolment into a Programme. You also acknowledge that SERAPIS may retain and store your information on SERAPIS’s systems notwithstanding any termination of your account or enrolment into the Programmes.
18. ASSIGNMENT
SERAPIS may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Programme specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any subscription specific terms without the prior written consent of SERAPIS.
From time to time, SERAPIS may engage third parties to perform the Services, or any part thereof, provided that SERAPIS will be solely responsible to Customer for the performance of the Service by any such third party.
19. SEVERABILITY
If any provision of the Terms or any Subscription-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions.
20. WAIVER
The failure of SERAPIS to exercise or enforce any right or provision of the Terms or any subscription-specific terms shared with you, shall not constitute a waiver of such right or provision. If any provision of the Terms or any subscription-specific terms shared with you is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any subscription-specific terms shared with you, shall remain in full force and effect.
21. FORCE MAJEURE
SERAPIS shall have no liability under these Terms or any subscription-specific terms shared with you, to the extent arising from any failure of SERAPIS to perform any of its obligations under these Terms or any subscription-specific terms shared with you, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, pandemic, strikes or labour disputes or any other event not within SERAPIS’s reasonable control. SERAPIS shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page/SERAPIS WEBSITE / website / PORTAL.
22. GOVERNING LAW AND JURISDICTION
These Terms or any subscription-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by SERAPIS, you or any third party to enforce these Terms or any Programme-specific terms shared with you, or in connection with any matters related to the Application or website, shall be subject only to the jurisdiction of the courts of Navi Mumbai.
In case of any dispute, the parties involved shall make all reasonable efforts to resolve the dispute through amicable discussion within 30 days. If Parties are unsuccessful to resolve the dispute amicably, then such dispute or claim arising out of or in connection with the Terms or any subscription-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (Act) before a sole arbitrator to be appointed by SERAPIS. The proceedings shall be conducted in English and the seat for arbitration shall be Mumbai.
23. NOTICES
Any notice or communication that may be required to be given to SERAPIS under these Terms may be sent by writing or emailing to the following addresses by first class mail, overnight mail, courier, or registered email:
Serapis Knowledge Solutions Private Limited, Unit 16-A, H&G House, Sector-11, CBD Belapur, Navi Mumbai – 400614, Maharashtra, INDIA, Phone: +91-22-2756 1508/09.
Version 1.0; Last updated on October 27, 2027
Amendment History:
Date: 27/Oct/2022 Version: V1.0 Release Notes: Terms & Conditions of Access & Use published