Terms and Uses

These terms of use  (“Terms”) apply to your use of the website, limitless.builders, (“Platform”) operated by Lightspeed India Partners Advisors LLP, a limited liability partnership with its place of business at 506 – 507, 5th Floor, Worldmark 2, Aerocity, Hospitality District, IGI Airport, New Delhi, India – 110037 (hereinafter  referred to as “Lightspeed”, “Company”, “We”, “Us”, “Our”).

We intend to provide you (“You”, “Your” or “User”) with the best quality experience and services (”Services”), which includes Subscribed Services (defined below) on our Platform which is hassle free and seamless. 

Please read these Terms carefully prior to using Our Platform or any of Our Services. These Terms do not apply to any browsing, accessing or transacting by You on any third-party platform, that You may access through this Platform or in connection with the Services offered on the Platform, or otherwise.

By visiting the Platform, You accept and agree to be bound by the Terms. These Terms (i) qualify as an electronic record under the Information Technology Act, 2000 read with the rules and regulations made thereunder and is generated by a computer system; and (ii) will not require any physical, electronic, or digital signature.

The User unequivocally agrees that these Terms as well as the Privacy Policy available at limitless.builders/privacypolicy (“Privacy Policy”), constitute a legally binding agreement between the User and the Company, and additionally the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any particular Service that is availed by the User, and that the same shall be deemed to be incorporated into these Terms and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Privacy Policy binding on the User, and that the User's act of visiting or using the Platform or use of the Services provided through the Platform constitutes the User's full and final acceptance of these Terms and the aforementioned Privacy Policy.

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  1. ABOUT US:

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  1. We offer the Platform for providing You with Our Services which include displaying and making available blogs, articles and/or video content written/curated by Our experts/authors dealing with a variety of topics and subjects that are relevant to You (“Content”). 
  1. You can avail Our Services and browse Our Platform free of cost, and You will not be required to set up any account with Us for either availing Our Services or browsing Our Platform.
  1. You can also choose to subscribe to the Content made available on the Platform (“Subscribed Services”) by providing your email address, which We will collect and process in accordance with Our Privacy Policy. 
  1. Subscribed Services and the Content made available as part thereof, form a part of Our Services.
  1. For the avoidance of doubt, it is hereby clarified that:

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  1. We are a technology platform. In the event of any technical or manual error including but not limited to downtime and/or unavailability of the Platform, We will take reasonable steps of correction to restore the Platform. If such a correction creates a liability on You or You suffer any losses or damages, You will be required to incur that liability, loss or damages, to Our total exclusion. We disclaim all liability for any such error or correction thereof, and no recourse may be had by You against Us for any such error or correction. 
  1. Save and except as required under any Applicable Law and subject to a Force Majeure Event (as defined below) or related events (as more specifically described in these Terms), as long as You agree to and comply with these Terms, We grant to You a non-exclusive, non-transferable, non-sub-licensable, revocable and limited right to access and use the Platform and the Services in India as per these Terms. We may deploy technologies or processes to enforce the above grant of rights. 
  1. The Platform may provide links or other forms of reference to other websites (“External Platforms”) or resources over which We have no control. We may be providing links or references to external platforms or resources to You, only as a convenience to You and that We make no representations whatsoever about any External Platforms which You may access through or via this Platform, including such External Platforms being free of such items as viruses, worms, trojan horses, and other items of a destructive nature. We are not responsible for the availability of, and content provided on any External Platforms. You are requested to review the terms of use and policies posted by such External Platforms regarding privacy and other topics before use. We are not responsible for third party content accessible through the Platform, including opinions, advice, statements, prices, activities, and advertisements, and You shall bear all risks associated with the use of such content on such External Platforms.

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  1. DEFINITIONS:
  1. In these Terms, unless the context or meaning thereof otherwise requires, the following capitalised terms shall have the meanings assigned to them herein below:

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  1. “Applicable Law(s)” shall mean all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, policies, directions, directives and orders as such are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter or other governmental restrictions or any similar form of decision of, or determination by any government, statutory authority, tribunal, board, or court having jurisdiction over the matter in question.  
  1. “Confidential information” shall include, third party information, Intellectual Property Rights, proprietary technique, material and any and all information relating to the Disclosing Party, including without limitation, technologies, technical, other strategies, trade secrets, as well as any such information not generally known to third parties or received from others, whether such information has been expressly designated as confidential or otherwise, to which You have or gained access to under these Terms or through Platform, or which is available to You directly or indirectly, whether in writing, oral, graphic, visual or any other tangible, intangible or electronic form.
  1. “Disclosing Party” shall mean the person providing the Confidential Information.
  1. “Group” / “Group Entities” includes, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, including the parent entity, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any relative of such person.
  1. “Intellectual Property” shall mean and include any and all copyright, images, titles, slogans, and all other literary material, trademarks, tradenames, domain names, designs, all confidential and proprietary information, knowledge, technology, computer programs, software, any licenses, sub-licenses and permissions, goodwill, know-how, concepts, ideas, and all other intellectual property and other ancillary assets recognized as such under any jurisdiction, and in industry usage or otherwise. 
  1. “Intellectual Property Rights” shall mean all rights in any Intellectual Property, in each case whether registered or unregistered and including all applications for registration, and rights to apply and make such applications, or such other similar or equivalent rights or forms of protection which subsist or will subsist in the future in any part of the world.
  1. “Receiving Party” shall mean the person receiving the Confidential Information.

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  1. ELIGIBILITY
  1. The User represents and warrants that it is competent and eligible to enter into legally binding agreements and that it has the requisite authority to bind itself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Platform if it is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other Applicable Law, rule or regulation currently in force.
  2. Notwithstanding anything to the contrary stated herein, If You are accessing the Platform from the European Union, You may access Our Platform and/or Services if You are at least 16 years of age.

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  1. USE OF PLATFORM
  1. You can browse our on Our Platform without registering with Us. However, You may avail Our Subscription Services by subscribing to Our Content through email by providing Us relevant information, which will be collected and processed in accordance with Our Privacy Policy.
  1. Your use or access of the Platform will be governed by Our Terms and Privacy Policy, and other applicable terms and conditions, and You will be required to comply with them to full extent. 
  1. You may access the Platform only in geographic locations within India or in such geographies where the Company permits. We may limit the availability of the Platform to any person or geographic area at any time, without any prior notice or consent. If You choose to access the Platform from outside the geographic areas where the Company makes them available, You do so at Your own risk and You may be in breach of these Terms, or Applicable Law. Further, You may not have access to the Platform outside the geographic location where this Platform is made available and in such cases, the User experience may vary and some or all features may not be available.
  1. Subject to compliance with the Terms, the Company hereby grants You a non-exclusive, non-transferable, non-sub-licensable, revocable and limited right to access and use the Platform and Services, limited privilege to access and use the Platform and/or Services. You agree to use the Platform and/or Services only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any Applicable Law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform or the Services by the Company or other users.
  1. You agree not to access (or attempt to access) the Platform and/or Service by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform and/or Services, or in any way reproduce or circumvent the navigational structure or presentation of the Platform and/or Services to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform and/or Services. 
  1. Further, You undertake not to upload, transmit, store, or update any information on the Platform that:  

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  1. belongs to another person and to which the User does not have any right;
  2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to Applicable Laws
  3. is harmful to a child;
  4. infringes any patent, trademark, copyright, or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  7. impersonates another person; 
  8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation;
  9. contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
  10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
  11. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
  12. violate the Terms contained herein or elsewhere and/or the Policy; and
  13. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

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  1. In relation to the Platform and/or Services, You must not:  

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  1. use the Platform and/or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or Privacy Policy, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any part of the Platform and/or Services; 
  2. infringe Company’s Intellectual Property Rights or those of any third party in relation to its use of the Platform and/or Services;
  3. use the Platform in a way that could damage, disable, overburden, impair or compromise Company’s systems or security or interfere with other users;  
  4. interfere or disrupt the operation of Platform and/or Services or the servers or networks used to make the Platform and/or Services available, including by hacking or defacing any portion of the Platform and/or Services, or violate any requirement, procedure or policy of such servers or networks; 
  5. restrict or inhibit any other person from using the Platform and/or Services or any part thereof; 
  6. reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or use any of) Platform and/or Services except as expressly authorized herein, without our express prior written consent; 
  7. reverse engineer, decompile or disassemble any portion of the Platform and/or Services, except where such restriction is expressly prohibited by Applicable Law; 
  8. frame or mirror any portion of the Platform and/or Services, or otherwise incorporate any portion of any Platform and/or Services into any frame or service, without our express prior written consent; 
  9. systematically download and store any part of the Platform and/or Services in a manner not expressly permitted in writing by the Company; 
  10. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or otherwise gather digital content, or reproduce or circumvent the navigational structure or presentation of the Platform and/or Services without Company’s express prior written consent; or 
  11. attempt to decipher any transmissions to or from the servers running any service.

 

  1. INTELLECTUAL PROPERTY
  1. You hereby acknowledge and agree that all rights, title and interest (including but not limited to Intellectual Property Rights) in and to the Platform and/or the Services (including the underlying software and any software, which includes any modifications or derivative works associated thereto), and all the Content, trademarks, names and logos, processes, know-how, data, documents and any other materials created by Us or Our experts/authors for Us and/or provided by Us or obtained from Us and the Intellectual Property therein (“Company IP”) belongs exclusively to and/or is licenced to Us and/or Our Group. 
  1. You shall not reproduce and/or access the Platform in source code form, modify, reverse engineer, decompile, disassemble, adapt, distribute, publish, translate, alter, display, upload, broadcast, transmit or hyperlink the Company IP in any manner and in any form. You shall not challenge the validity or Our ownership of or right to the Company IP. Except for the limited rights granted to You under these Terms, You shall have no other rights, title, or interest in or to Company IP. 
  1. We make no warranties or representations whatsoever in relation to the Company IP. We are not liable for any damages, loss, expenses, or costs in the event that the Company IP or any part of it infringes or is alleged to infringe the rights of any third party. We will have control of all proceedings in any court of law or tribunal in respect of any infringement of the Company IP. 
  1. If any Company IP is held by a court of competent jurisdiction to constitute an infringement of a third-party’s intellectual property rights, the Company reserves the right, at its sole discretion to:

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  1. procure for You the right to continue use of the Platform and/or Services;
  1. provide a modification to the Platform and/or the Services so that its use becomes non-infringing;
  1. replace the Platform and/or Services with software that is similar in functionality and performance; or
  1. if none of the foregoing alternatives is commercially reasonable, terminate Our agreement with You and Your access to the Platform and/or Services.
  1. Feedback: If You provide Us with any feedback or suggestions regarding the Platform and/or Services (“Feedback”), you hereby assign to Us all rights in such Feedback and agree that We shall have the right to use and fully exploit such Feedback and related information in any manner We deem appropriate. We will treat any Feedback You provide to Us as non-confidential and non-proprietary. You agree that You will not submit to Us any information or ideas that You consider to be confidential or proprietary. 

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  1. DISCLAIMER OF WARRANTIES & LIABILITY
  1. You expressly understand and agree that, to the maximum extent permitted by Applicable Law:

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  1. The Platform and/or Services 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. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms. The Content provided as part of the Services is only made available for your viewing and is not intended as an advice and/or guidance on legal, financial or other matters.
  1. Company will not be liable for any loss, damage, liability that You may incur as a consequence of Your use of or reliance on the Platform and/or Services, under Applicable Laws or otherwise.
  1. Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy, correctness or completeness of any data, information regarding the Content or otherwise. The Company shall not be responsible for the delay or inability to use the Platform and/or Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform and/or Services, or otherwise arising out of the use of the Platform and/or Services, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform and/or Services during periodic maintenance operations or any unplanned suspension of access to the Platform and/or Services that may occur due to technical reasons or for any reason beyond the Company’s control.  
  1. Company waives and disclaims, to the maximum extent permissible under Applicable Law, any representations, warranties, declarations or guarantees regarding all warranties of any kind, whether express, implied or statutory, including without limitation warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non- infringement or quiet enjoyment. 
  1. The Company does not warrant that the functions contained in the Platform and/or Services will meet your requirements or be available, timely, securely, uninterruptedly or error free, and the Company will not be liable for any Service interruptions, including, but not limited to system failures or other interruptions.
  1. The Company and /or Our experts/authors shall not be liable for any loss, damage or liability that You incur by or as a result of the use of or reliance on the Platform and/or Services (or any Content) or due to any corruption, loss or deletion of Your data or information. 
  1. In relation to any information or recommendations provided on the Platform by the Company and/or Our experts/authors, you hereby agree and acknowledge that the Company and/or Our experts/authors provide(s) such Services and/or Content on a good faith and best-efforts basis. Further, any such information or recommendations should be adopted / relied on at your sole prerogative and basis exercise of your own independent judgement and acumen. Any loss or damage caused to you or resulting, directly or indirectly, from adoption or reliance of any such information / recommendation and/or Content in any manner whatsoever, shall be solely Your responsibility, to the total exclusion of the Company and/or Our experts/authors.
  1. The Company disclaims all liability for any risks, direct, indirect or ancillary, whether in relation to the Platform and/or Services, that may be caused to You flowing from Your use of the Platform and/or Services.

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  1. INDEMNIFICATION AND LIMITATION OF LIABILITY
  1. You agree to indemnify, defend and hold harmless the Company and its Group including but not limited to its (and its Group’s) officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms, and/or the Privacy Policy, Your violation of Applicable Laws, or Your violation of any rights of another, including any Intellectual Property Rights.
  1. In no event shall the Company and/or Group or any of its officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform and / or Services and/or Content on the Platform. 
  1. The Company and/or the Group will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  1. use of, or inability to use, the Platform and/or Services, or any part thereof; or 
  2. use of or reliance on any Content displayed on the Platform
  1. Notwithstanding anything to the contrary in these Terms, and to the maximum extent permitted under Applicable Law, Company and/or the Group shall not be liable to You for any damages, claims (including third party claims), losses, demands, actions, cause of action, suits, litigation, costs and expenses (including, without limitation, attorney’s and consultant’s fees) suffered by You in relation to Your use of the Platform and/or Services. It is hereby clarified that the Company’s and the Group’s aggregate liability under these Terms and/or the Privacy Policy, shall not exceed the amount equal to USD 50. 

     

  1. The limitations and exclusions in this Section apply to the maximum extent permitted by Applicable Laws. 

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  1. VIOLATION OF THE TERMS 
  1. You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. 

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  1. CONFIDENTIAL INFORMATION
  1. We (“Disclosing Party”) may provide to You (“Receiving Party”) Confidential information We may consider essential for Your conduct on the Platform and/or Services. The Receiving Party agrees to safeguard this Confidential Information of the Disclosing Party to the public and third-parties and shall take all reasonable precautions to prevent any unauthorised disclosure of Confidential Information to the public and third parties, and fully comply with all Applicable Laws including data protection laws. 
  1. The Receiving Party agrees to use the Confidential Information exclusively for the purposes of these Terms and shall not make it available to any third party, except as otherwise provided herein. 

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  1. SUSPENSION AND TERMINATION 
  1. Your use of and access to the Platform and/or Services shall at all times be subject to these Terms and the Privacy Policy. If You object to the Terms and/or Privacy Policy or are dissatisfied with the Platform and/or the Services, your only recourse is to stop accessing the Platform and/or the Services. 
  1. The Company may block Your access to the Platform and/or Services if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or the Privacy Policy or anyway otherwise acted unethically. Notwithstanding anything in this Section, these Terms will survive indefinitely unless and until the Company chooses to terminate them.
  1. If You or the Company terminate Your use of the Platform and/or Services, the Company may delete materials relating to You, if any, and the Company shall have no liability to You or any third party for doing so. 
  1. You shall be liable to pay any fees or charges as may be applicable in respect of the Services until the date of termination by either party whatsoever.

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  1. GOVERNING LAW AND JURISDICTION:
  1. These Terms and Your use of the Platform and.or Services shall be governed and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of Courts in Bengaluru.

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  1. MISCELLANEOUS: 
  1. Electronic Communications: The communications between You and Us use electronic means, whether You use the Platform and/or Services or send Us emails, or whether We post notices on the Platform or communicate with You via email, where you opt for the Subscription Services. For contractual purposes, You (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
  1. Changes to the Terms: We reserve the right to amend these Terms from time to time to ensure that these Terms are consistent with any developments to the Platform and Services or any change in Applicable Law. You are advised to regularly check for updates and read the Terms that applies to Your access and use of the Platform. The most updated version of the Terms can be accessed by You on Our Platform, which will be hyperlinked at the bottom of the Platform. You are encouraged to ensure that You are well informed of Our latest policies in relation to the applicable risk to Your use of the Platform and Services. All your activities on the Platform and Your use and access to the Platform and/or Services shall be subject to the latest version of these Terms in force at the time. You may determine if any such revision has taken place by referring to the date on which these Terms were last updated. 
  1. Change in Applicable Law: You hereby agree that that where any change in any Applicable Law requires any modification or alteration to these Terms, such alteration or modification shall be made forthwith by Us and You will be bound by such Terms as altered or modified. 
  1. No Waiver: You agree that no term or provision under these Terms will be deemed waived.  No failure or delay on the part of on Our part in exercising any right, power or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege, and any one instance shall not be deemed or construed to be a continuing waiver of default or breach of such term or condition for the future or any subsequent breach thereof. 
  1. Severability: Each and every obligation under these Terms shall be treated as a separate obligation and shall be severally enforceable as such and in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision(s) of these Terms are unenforceable due to any Applicable Laws or by any order passed by a court of law, We endeavour to amend such parts as may be necessary to make such provision or provisions valid and effective. Notwithstanding the foregoing any provision which cannot be amended as may be necessary to make it valid and effective shall be deemed to be deleted from these Terms and any such deletion shall not affect the enforceability of the remainder of these Terms not so deleted. 
  1. Force Majeure Event: Should the whole or any part of the performance of any part of Our obligations or exercise of Our rights hereunder be prevented or delayed by causes, circumstances or events beyond Our control, including delay due to floods, fires, accidents, earthquakes, riots, explosions, wars, hostilities, acts of government, custom barriers, harthals, strikes, pandemic, epidemic or other causes of like character beyond Our reasonable control (“Force Majeure Event”), then, We shall be excused and absolved from performance of these Terms for so long as such Force Majeure Event continues to prevail. 
  1. Privity of Contract: Save as otherwise expressly provided in these Terms, any person who is not a party to these Terms shall not have any rights to enforce these Terms.

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  1. QUERIES REGARDING THE TERMS:
  1. Please feel free to contact Us at limitless@lsip.com regarding any questions on the Terms.