Terms of Use

Last Updated July 25, 2022

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Terms of Service Agreement (“Agreement”) is entered into by and between Isometirca Experiences Pvt. Ltd. (“Rectangled.io”) (“Company”) and you, and is made effective as of the date of your use of this website https://rectangled.io (“Site”) or the date of electronic acceptance.

This Agreement sets forth the general terms and conditions of your use of the https://rectangled.io as well as the products and/or services purchased or accessed through this Site (the “Services”).Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement our Privacy policy.

Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.

In these terms and conditions:

i. “Rectangled.io”, “we”, “us” or “our” ” means Isometrica Experiences Pvt. Ltd. a company registered in India.

ii. The “Services” means the services that you have ordered to us from time to time.
iii. The “Software” means the software that you have ordered to us from time to time.
iv. “You”, “your”, “User” and “Customer” means the person or entity, entering into this contract with us for the provision of services and/or software.

ELIGIBILITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the India or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.

SOFTWARE LICENCE TERMS

The following terms shall apply to all licences of software service by us to you.

  1. We grant you a non-exclusive, non-transferable licence to use the cloud based Software subject to these terms and conditions, and limited to the time agreed between us.
  2. We license you to use the Software for your internal business purposes only.
  3. We have the right to grant you this licence. We are not transferring any rights of ownership, copyright or other intellectual property of the Software to you.
  4. You agree to pay our software licence fee in full, free of deduction, set off or counterclaim. All amounts are exclusive of taxes unless otherwise indicated.
  5. You agree not to transfer the licence provided to you of our software, to another company or entity, unless by written agreement with us.
  6. Should you ask us to modify our software to meet a specific need of yours, we may choose at our discretion, to incorporate those changes into the core product. It may thus be available to other subscribers. We may do this, even if you pay for all or some of cost of the modification.

CONDITION OF LICENCE

  1. Because the Software is supplied to you initially ‘as is’, during the trial period we do not give any warranties about it, whether express or implied including but not limited to, implied warranties of quality and fitness for a particular purpose.
  2. We will not be liable to you or to any third party for any lost revenues or profits, loss of date or any direct, indirect or consequential damages relating to the Software in any way, or for inability to use the Software for any reason.
  3. If you learn of any claim against you that the Software infringes the right of any third party and you inform us of the claim and let us settle or litigate it and do not yourself settle or litigate it, and the claim does not arise from your breach of this licence, we will indemnify you against any damages or costs arising from the claim and we will pay your expenses, provided that you cooperate with us. This clause states your entire remedy in respect of any intellectual property right infringement by the Software.

USAGE OF THE SOFTWARE

You agree that:

  1. You and your staff will keep the Software confidential,
  2. You will not copy the Software or allow anyone else to copy it,
  3. You will not make the Software available to anyone else out of your company,
  4. You will not modify the Software or (except the extent permitted by law) disassemble, decompile or reverse engineer it.
  5. You also agree that if we suffer any loss, damage, fine or expenses as a result of unauthorized access to or any use or misuse of the Software because of your breach of any provision of this Agreement, you will indemnify us.

SERVICES

  1. Whilst we are happy to work with your third party suppliers (if requested by you), we do not take responsibility for managing them on your behalf and this shall not form part of the Services.
  2. Any dates quoted for the provision or start of the Services are approximate only and we shall not be liable for any delay in relation to the same howsoever caused.
  3. Any new feature request will be subject to management approval and limitation of Software capacity. If requested feature is doable we may can take 24-72 hours to make it available to you. Any new feature will be a paid service and time estimation will be provided before executing the work.

PAYMENT

  1. You must pay the charges for the Services which we have agreed. When we make a change to those charges or rates we will notify you before we start any work for you.
  2. Our terms of payment for all charges are as notified to you by us.
  3. Unless agreed otherwise, all charges for the Services are exclusive of any applicable value added or other tax, which will be added to our invoices sent to you.
  4. Any new feature requested will be considered as changes in provided software and will be paid service.

PURCHASE, CANCELLATION & REFUND

Once you purchase and subscribe for the full version of Rectangled.io (whether monthly or yearly), your license to use it will be activated after your payment has cleared. Once the license is activated, you may cancel your subscription which will remain active for the remaining period of the time of the subscription.

For example, if you have purchased a yearly subscription on 1st January 2022 and cancel the same on 4th February 2022, you subscription will continue till 31st December 2022 and there will be no automatic renewal of the same.

For example, if you have purchased a monthly subscription on 1st January 2022 and cancel the same on 25th January 2022, you subscription will continue till 31st January 2022 and there will be no automatic renewal of the same.

Please note that we do not provide any refunds. We have this policy in place, since it would be impossible for you to return your registered version of rectangled.io.

For more details read Refund Policy

TENT CARD POLICY

We provide stock tent-cards to all our customers with every subscription they purchased from us.
In case you require more stock tent-cards you will have to procure them individually after consulting with the customer success team. The unit price of single stock tent-cards is displayed in the price page here.

On demand we also provide custom tent-cards, specifically designed to the taste of the brand. The prices of which are different than stock tent cards.

TENT CARD DISPATCH POLICY

We ship 10 cards to every single customer for their every location of major markets from our warehouse based in New Delhi, IN, which may take up to 7-10 days, based on location of delivery. For reference please check the table below.

- Australia- 5 days
- The USA - 6 days
- India- 3 days
- UAE- 4 days
- Canada- 6 days

On demand we make the custom tent-cards, which will be dispatched after the design approval of the customer, and hence will take extra duration since they are make-to-order*.

ACCOUNT ACTIVATION & TENT CARD POLICY

All accounts will be active immediately after the Credentials(ID & Password) are provided to the customer from our autogenerated email system. We immediately dispatch stock tent-card (or custom tent-card) as soon as your payments are received. However, your account is still active, disregard of tent-card is delivered of not.

*unforeseeable delays: Delays due to geo political and natural causes should be informed and customers are expected to understand the same.

YOUR DUTIES

You agree that you will:

  1. Ensure that your employees co-operate fully with us in relation to the provision of the Services, and
  2. Promptly give us such information and documents as we may reasonably request for the proper and efficient provision of the Services.

CONFIDENTIALITY

We agree to keep confidential your data and any information that you tell us about your business and future plans and any other matter which either you say is confidential or which is clearly confidential. All your data will be saved in Encrypted format which no one has rights to access. You agree to keep confidential, anything and everything that we say (including our methods of working).

AMENDMENTS

We recognise that commercial considerations may require the amendment of your plans. You may require us to change, reject, cancel or stop any or all plans, schedules or work in progress and we shall take all reasonable steps to comply, provided that we can do so within our contractual obligations to third parties (including media and suppliers). In the event of any cancellation or amendment it will be necessary for you to reimburse us for any expenses to which we are committed and also pay our charges for work already done. Where we have committed contractors or our employees to work on your business, unless we have agreed otherwise, we reserve the right to charge you the equivalent of our minimum commitment to them upon your cancellation or amendment.

TESTIMONIAL

We will not issue any press release about our work for you without our prior approval. Unless otherwise agreed, we may, however, mention publicly (including on our website and social media) that we are, or have been, involved in work for you.

DATA PROTECTION

We undertake that we shall and shall procure that our employees shall:

  1. Observe the provisions of the Information Technology Act, 2000 in the provision of the Services,
  2. Comply with any reasonable request or direction given by you in connection with the requirements of that Act.
  3. You undertake that you shall and shall procure that your employees shall observe the provisions of the Information Technology Act, 2000 in your use of the data that has been processed by us.
  4. All your data will be saved in Encrypted format on Cloud Server and is not accessible by our company.

INTELLECTUAL PROPERTY RIGHTS

You retain the rights in any database that you provide to us and we will not use it for any purpose other than for your benefit.

We retain the intellectual property rights in any deliverable that we provide to you where they do not belong to a third party (e.g. a photographer). Provided that all our charges for such deliverable are paid by you, we grant you a perpetual, non-transferable licence to use all such intellectual property rights for the purposes of your business.

Where we obtain licences of intellectual property rights for you from third parties these shall only be for work under this Agreement and shall not be used by you for any other purpose.

You agree to indemnify us against any claim that may be made against us by a third party in connection with work prepared for you by us which either was based on information or material provided by you to us, or approved by you.

GENERAL TERMS

The following terms shall apply to all contracts between us and you whether they relate to our licensing you with our Software or our supplying you with our Services.

  1. Termination

    Either we or you shall be entitled to terminate this Agreement immediately by written notice to the other if the other commits any material breach of this Agreement and, in the case of a breach capable of remedy, fails to remedy it within 7 days after receipt of a written notice giving full details of the breach and requiring it to be remedied.

    Either of us can also terminate this Agreement if the other is the subject of a bankruptcy order (or the equivalent in any other jurisdiction) or the other becomes insolvent or make any arrangement or composition with, or an assignment for the benefit of, its creditors or if any of its assets are the subject of any form of seizure. If either of us is a company, the other can terminate this contract forthwith if the first party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed.

    In addition to our termination rights set out earlier, we may, at any time and at our sole option, either suspend your access to the Services under this Agreement until you give suitable undertakings or terminate this Agreement immediately if:

    • You breach any term of this Agreement, or
    • Any fee or charge remains unpaid by you for more than 15 days after it is invoiced.
    • Any waiver by us of any breach by you of this Agreement will not prevent us from taking action against you if you are in breach of contract again at a later date.
  2. Liability

    We warrant to you that we will seek to supply the Services with reasonable skill and care. We accept liability for our own negligence, but only to the extent stated in this clause.

    Nothing in this Agreement shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud or, to the extent that such rights may not be contracted out of, as affecting the statutory rights of any person dealing as a consumer.

    Our liability to you under this Agreement shall not exceed USD 50 or twice the amount paid by you for the Services over the previous 12 months, whichever is the lowest.

    For the avoidance of doubt, in no event shall either party be liable to the other for any indirect or consequential loss of any nature and howsoever caused. We do not have any implied obligation, duty or liability in contract other than those explicitly stated in this Agreement.

  3. Force majeure
    1. Either party would be relieved from its duty to perform its obligations under this contract and such non-performance would not amount to breach of contract, if it is caused by prevention or impediment in performance of obligation by a Force Majeure event.
    2. “Force Majeure” means a situation or the occurrence of an event that prevents or impedes either party from performing one or more of its obligations under this contract, if such situation or event was beyond the reasonable control of either party and shall include:
      • war (whether declared or not), hostilities, invasion, act of foreign enemies, civil unrest, riot, or act of terrorism, sabotage or piracy;
      • trade restriction, embargo, sanction having effect of substantially modifying the underlying assumptions of the transaction;
      • plague, epidemic, pandemic, or outbreak of a communicable disease leading to extraordinary restrictions including quarantine or movement of people or goods;
      • natural disaster or extreme natural event;
      • explosion, fire, complete break-down of transport, telecommunication, information system or fuel, electricity or source of energy;
      • strike, lockout;
      • issuance of advisory, notification, guideline, or legislation by relevant government or legislative authority restricting normal trade and business activities, movement and storage of goods and people for any reason whatsoever which could not have been in reasonable contemplation of parties.
    3. The party claiming to be impacted by force majeure must give written notice to the other party within 15 days of occurrence of the force majeure event or situation.
    4. Consequence of Force Majeure will only apply from the time of receipt of notice of force majeure by the other party. Rights accrued to either party (including payment obligations) prior to the invocation of Force Majeure shall remain enforceable.
    5. If the Force Majeure event or situation lasts for 15 days, the non-affected party shall have a right to terminate. If the same continues beyond 30 days, ether party may terminate the contract. Termination under this contract shall be effective only by way of a written notice to the other party.
  4. Assignment

    You are not entitled to transfer or assign this Agreement without our prior written consent. We may assign or sub-contract this Agreement or any part.

  5. Notice

    Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified under this provision to the party giving the notice.

  6. Enforceability

    If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall be unaffected.

  7. Superseding

    This contract excludes and/or supersedes any previous statements or agreements between us whether written or oral relating to the provision of the Services.

  8. Waiver

    No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us.

  9. Third Party Rights

    A person who is not a party to these terms may not enforce any of them under the Contracts.

  10. Dispute Resolution

    Any and/ or all disputes and differences arising out of this agreement in respect of any matter covered herein or arising out of anything contained herein shall be settled by arbitration as per the Indian Arbitration and Conciliation Act, 1996. The seat and venue of the arbitration will be Bengaluru. An independent sole arbitrator shall be appointed to resolve the abovementioned disputes and differences.

  11. Governing Law

    This Agreement shall be governed by the laws of India and we both agree to submit to the exclusive jurisdiction of the Indian Courts.

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