Polarin by Lightstorm

Terms and Conditions

THIS DOCUMENT IS AN ELECTRONIC RECORD PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

Please read the following terms of use carefully before accessing or using any information or availing any services of the Company through its online platform i.e., https://polarin.lightstorm.net. (hereinafter collectively referred to as the “Website”). By accessing/using the Website or by clicking the “I Agree” button will constitute a symbol of your signature, you acknowledge and admit that you have fully read, understood the terms and you expressly and unconditionally agree to the terms and all other policies of the Company including but not limited to, Privacy Policy. If you do not agree with any part of these Terms of Use and Privacy Policy as set out herein below, please refrain from assessing/using the Website.

General Conditions

The Website by the domain name https://polarin.lightstorm.net. is owned and operated by Lightstorm Data Centers Private Limited, a company duly registered under the provisions of the Indian Companies Act, 2013 having its registered office at Office No. 118 , FF, Vardhman Plaza, Tower BLK-H-3, Netaji Subhash Place, Pitampura, New Delhi 110034 (hereinafter referred to as the “Company”). These Terms of Use together with Privacy Policy located at URL: https://polarin.lightstorm.net/privacy-policy/ and any other terms & conditions which may apply to any other specific services together with all other notices, disclaimers, guidelines (collectively referred to as “Terms of Use”) provided on the Website from time to time, constitutes a legally enforceable contract between you as an individual (assuming you are above 18 years and/or eligible to enter into an agreement), or the company or any legal entity/organization that will be using the services of the Company (hereinafter referred to as 'you' or 'your') and the Company. You shall have the right to use the Website subject to the terms and conditions mentioned in this agreement or as amended by the Company from time to time. The term "we", "us", "our" shall mean the Company and the term "you”, "your", "user", "member" shall mean User(s).

Description of Services

The Website contains the important and detailed information regarding Company’s business. The Company is into the business of providing network as a services (NaaS) online platform providing cloud connectivity services including connectivity from clouds to datacenters and vice versa and other services integrated therein.

You expressly agree that the use of the Website is at your sole risk. Any data, information, third-party software, content (including commercial content), reference sites, services, or applications made available in conjunction with or through the Website are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind either express or implied.

Company reserves the right at all times to discontinue or modify Content of the Website, terms and conditions and/or the Privacy Policy as may be deemed necessary or desirable without prior notification to you. The features/information on the Website may be permanently deleted, temporarily removed and/or added as and when new versions/updates are released. It shall be your responsibility for regularly reviewing these Terms of Use. If Company makes changes to these Terms of Use as set out in this agreement or its Privacy Policy and you continue to use the Website, you are impliedly agreeing to the agreement and Privacy Policy expressed herein. Any such deletions or modifications to the terms and conditions of the agreement and/or Privacy Policy shall be effective immediately upon Company's posting thereof on the Website. Any use of Website by you after such notice shall be deemed to constitute acceptance by you of such modifications and/or changes.

Intellectual Property Rights

All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by us. You may use the Company’s Content only through Website, and solely for your personal, non-commercial use.

You shall not use the name, logo, or any trade name or trademark, design, Content or copyright of the Company without prior written consent of the Company. The marks representing the intellectual property rights of the Company including trademarks, copyrights, designs, colour, schemes, etc., shall at all times vest in/with the Company. You shall not claim any right, title, or ownership of any nature whatsoever in/over any intellectual property of the Company at any time.

You shall not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy the Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other services, products or processes accessible through the Website; not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

Third Party Content

Links to third party website are provided by the Company as a convenience to user(s) and Company does not have any control over such websites i.e., content and resources provided by them.

Company may allow user(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's services. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites to be aware of the terms and conditions of your use of such websites. Company believes that user(s) acknowledge that Company has no control over such third party's website, does not monitor such websites, and Company shall not be responsible or liable to anyone for such third party website, or any content, products or services made available on such a website.

In the event any third party content contains links to third party websites, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. Company makes no warranty or representation regarding, and does not endorse, any website linked to Website/services or the information appearing thereon or any of the products or services described thereon.

Warranties

You warrant that you will not use the Website/Content in any unlawful manner and if you commit any breach of these Terms of Use, Company will have the right to immediately suspend or terminate your access or use of the Website to prevent harm to the Company or its business and to limit any potential liability. Company also reserves the right to seek all remedies available by law and in equity for such violations.

If practicable, Company will provide notice and opportunity to cure any breach. Once cured, in Company's sole discretion, Company will use reasonable efforts to restore your access to the Website.

Restriction on Usage

You must not use the Website/Content:
For fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
For any unlawful purpose (including, without limitation for violation of any data, privacy or other applicable laws) or in any manner that interferes with or disrupts the integrity or performance of the Website;
For solicitation or any commercial purpose;
To sell or otherwise distribute confidential information of the Company;
To send, use or reuse any material that does not belong to you; or that is libelous, defamatory or unlawful, or violates or infringes any trademark, copyright, confidentiality or similar rights of others;
To modify, adapt or hack the Website to, or otherwise attempt to, gain unauthorized access to the Website.
If the Company suspect any illegal, wrongful or fraudulent activity on the Website by any user, notwithstanding any other rights which Company may have, Company shall inform the relevant government authorities to take further action.

You are prohibited from probing, testing, or violating the Website's security or attempting to do so, including (i) accessing data not intended for you or logging into a service or account that you are not authorized to access, (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures, and (iii) attempting to interfere with the Website's security or authentication measures, host or network including, without limitation, via means of submitting a virus or malware etc. " or (iv) sending unsolicited electronic mail including, promotions and / or advertising of other products or services.

Without Company’s prior written authorization, you may not mirror any of the Website's content on another server. Any unauthorized use of the Website/Content might be a violation of copyright or trademark laws.

Disclaimer

THE WEBSITE, CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY THE COMPANY ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (I) WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR YOUR USE OF WEBSITE OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WEBSITE OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF WEBSITE OR CONTENT WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN WEBSITE OR CONTENT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH WEBSITE OR FROM USE OF THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL HAVE NO LIABILITY RELATED TO USER INFORMATION/CONTENT AND/OR THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER INFORMATION/CONTENT AND/OR THIRD-PARTY CONTENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW COMPANY WILL NOT BE LIABLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF THE WEBSITE OR ANY CONTENT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. COMPANY HAS ENDEAVOURED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO ACCESS OR USE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH WEBSITE, OR OTHERWISE ARISING OUT OF THE ACCESS OR USE OF WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF WEBSITE OR CONTENT DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND COMPANY'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR MOBILE PHONES OR COMPUTER SYSTEMS OR ELECTRONIC DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

Limited Liability

You expressly understand and agree that the Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from access or use of the Website, Content and other services/products offered by the Company from time to time.

You acknowledge that Company relies on third party internet services providers and at times, actions or omissions of such third parties can impair or disrupt your connections to the internet or have an adverse effect on the Content provided at the Website or parts thereof and may result in presenting inaccurate data on the Website. Although Company will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events with respect to your access or use of the Website, however, Company cannot guarantee that such events will not occur. Accordingly, Company excludes any and all liability resulting from, or related to, such events. The Website is available solely on an "as is" and “as available” basis, and your access or use of Website is at your own risk. Company does not warrant that Website will be uninterrupted, error-free, or completely secure. The Content may have typographical errors.

Website/Content should not be construed under any circumstances to be an opinion or advice but is only provided to assist you. If you rely on any of the information provided by the Company on its Website, you do so solely at your own risk. The information that you obtain or receive from the Website or otherwise is for informational purposes only. In no event shall Company be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

Indemnity

You agree to indemnify, defend and hold harmless Company, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) your breach of the Terms of Use/agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your access or use of Website; or (iii) your breach of Company’s intellectual property rights ; or (iv) your violation of any rights of another, including any intellectual property rights.

The Company may notify you of any claims which you shall be liable to indemnify Company against. You will then be required to consult with Company regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Company without the express prior written consent of Company which can be withheld or denied or conditioned by Company in its sole discretion.

Notwithstanding anything to contrary in the Terms of Use, Company's entire and aggregate liability to you under and in relation to these Terms of Use or otherwise shall not exceed the amount of fees paid by you to Company for the individual or that part of transaction that is the subject of the claim or Indian Rupees One Thousand Only (INR 1000/-), whichever is less.

Confidential Information

Any information or material as provided by you to the Company will not be deemed as confidential information and by providing any information or material to the Company, you grant Company an unrestricted and unlimited, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform your details/information. You hereby also agree and undertake to allow the Company to freely use any ideas, concepts, know-how, plans, or techniques that you send or share with the Company, for any purpose whatsoever. The Company shall not release your name or otherwise publicize the fact that you submitted materials or other information to the Company unless: (a) the Company obtain your permission to use your name; or (b) first notify you that the materials or other information you submit to a particular part of this Website or otherwise used with your name on it; or (c) the Company is required to do so by law.

Personally Identifiable Information that you submit to the Company for the purpose of receiving any products or services from the Company, will be handled in accordance with our Privacy Policy.

Applicable Law

Any contract or non-contractual dispute or claim arising out of or in connection with these Terms of Use and the relationship between you and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto to your access or use of the Website, these Terms of Use or the relationship between you and Company shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to these Terms of Use shall be effective against a party if given as provided herein.

Severability

If any of the terms under these Terms of Use is deemed to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

Survival

All of the terms and conditions including, Confidentiality, Intellectual Property Rights, disclaimer and warranties, limitation of liability, covenants and representations of the respective Parties hereto shall survive the termination or expiration of any relationship between the Company and you shall continue in full force and effect thereafter.

Notices

All of the terms and conditions including, Confidentiality, Intellectual Property Rights, disclaimer and warranties, limitation of liability, covenants and representations of the respective Parties hereto shall survive the termination or expiration of any relationship between the Company and you shall continue in full force and effect thereafter.

Entire Agreement

These Terms of Use constitutes the entire agreement between you and the Company and governs your access or use of Website, superseding any prior agreements or terms of service on the same subject matter, between you and the Company.

Suspension or Modifications of Terms of Use

You acknowledge and agree that the Company may, at any time and without notice, suspend or change the entire Website or any portion of it for any reason whatsoever. The Company retains the right to make further modifications to the Website or Content and services, as needed, in light of business exigencies and/or TRAI, Department of Telecom (DOT) and/or statutory changes, and the same shall be binding on you. Such changes, modifications, and additions shall be deemed effective and in force as soon as the new terms are posted on the Website. You should thus check this Website on a frequent basis for any updates or amendments to these Terms of Use, and if the updated or amended terms and conditions are unacceptable to you, then you should stop using the Website.

Force Majeure

The Company shall not be liable for its failure to perform under these Terms of Use as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, pandemic, epidemic, economic slowdown, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of Company.

Miscellaneous

(a) It is agreed and clarified that the arrangement set out by these Terms of Use and other Company policies between Company and the User(s) is on a non-exclusive basis.

(b) Use of Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e., under the age of 18 years, you may use Website only with supervision/involvement of a parent or guardian.

(c) In no circumstances, the Company shall be liable for any damages to, or viruses that may infect, your computer, any electronic equipment or other property on account of your access or use of the Website or your downloading of any materials, data, text, or images from this Website.

(d) The failure of the Company to exercise or enforce any right or provision of these Terms of Use with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

(e) Third party shall have no rights to enforce any terms contained herein.

(f) The Company for your convenience may provide translated version of these terms and conditions in different language. To the extent any translated version of these terms and conditions conflicts with this English version, this English version shall prevail.

(g) Except as otherwise, expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use or license provided hereunder. You acknowledge that these Terms of Use is a contract between you and us, even though it is electronic and is not physically signed by you and the Company, and it governs your access or use of Website.

Contact Us

Please contact us for any questions or comments regarding the Website or its content, on the below contact details:

    Grievance Officer

    For any complaints or queries, please contact our Grievance Officer, who is duly appointed in accordance with Information Technology Act, 2000 and rules made there under. The name and contact details of the Grievance Officer are provided below:

      cross-circle