Terms of Service
Welcome to Findspeed,
These Terms of Service (hereinafter referred to as the “Terms” or “Terms of Service” or “Terms & Conditions”) shall govern the relationship between Findspeed, located at Kailash Nagar, Jajmau, Kanpur, Uttar Pradesh – 208010 (India) (hereinafter referred to the “Company” or “Findspeed” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user”) and shall also govern your use of https://findspeed.net (hereinafter collectively referred to as the “Website” or “Site”).
These Terms are published in accordance with Rule 3(1) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This document has been made in full compliance with Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and Consumer Protection (E-commerce Rules), 2020. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Findspeed is a free service that allows you to check your internet connection's speed, and view the details in a simple and concise manner with the use of a lightweight speed test. (hereinafter referred to as the “Service”)
1. ACCEPTANCE OF THESE TERMS
By accessing or using our website or service in any way, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
You are of sound mind and at least of such minimum legal age as per the jurisdiction of the State in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the jurisdiction to which you are subject, then you must have the express permission of your parent/lawful guardian to use and access the Site.
2. USE OF THE SITE
i. Allowed uses:
a) Compliance with Law: You must comply with all the applicable laws to which you are subject while using the Site, and our service.
b) Material: For the purposes of these Terms, “material” shall mean any text, graphics, animation, sound material, published on the Website, whether a copyright of Findspeed, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
ii. Restricted uses:
a) You cannot use our services for commercial purposes.
b) You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use our services only as permitted by law and as per the directions provided by us.
c) You must not:
republish material from this Website;
sell, rent or sub-license material from the Website;
show any material from the Website in public without our consent;
edit or otherwise modify any material on the Website;
infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.
d) You must not use our website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
e) You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
f) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.
3. OWNERSHIP RIGHTS
This Website, its logos, domain, trademark, its content, trade dress, trade name, features, functionalities, underlying software, and description of services, shall remain the sole property of Findspeed. Your use of or access to this Website shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website, any content published by us or our licensors or third parties. This Website and the Content, including but not limited to the stories, questions, videos, sound recording, animation, trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website, are the exclusive property of, or are licensed to Findspeed and are protected. NO USE OF A TRADEMARK, TRADE DRESS, TRADE NAME, DOMAIN, OR DESIGN APPEARING ON THIS WEBSITE MAY BE MADE WITHOUT THE PRIOR WRITTEN PERMISSION OF FINDSPEED.
5. LINKS TO THIRD-PARTY SITES
The Website might contain links to third-party websites, products and services. Such third-party links are not under the control of Findspeed, and Findspeed is not responsible for any third-party links. Whenever you click on such links, you are taken to such a third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Findspeed shall not be responsible.
6. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Findspeed (or our owner, licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of the site or service or our content, even if Findspeed has been advised of the possibility of such damages. Access to, and use of, the Site, is at your own discretion and risk, and you will be solely responsible for any damage resulting therefrom.
7. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Findspeed by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
You acknowledge to defend, indemnify and hold Findspeed, its owner, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorney/advocate/legal counsel’s fees, made by a third party, relating to, or arising from your violation of these Terms, or with your infringement of ours or third-party rights in any manner whatsoever.
9. GOVERNING LAW AND DISPUTE RESOLUTION
i. Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of the Republic of India.
ii. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts located in Kanpur, Uttar Pradesh (India).
When you use the Website or send emails to Findspeed, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Findspeed will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement. We may give notice by means of a general notice via electronic mail to your email address, as available with us (if any). If you want to give a notice to us, you can do so by dropping an electronic mail to firstname.lastname@example.org.
Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Findspeed and you or any other party be deemed to modify any provision of these Terms.
Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.
No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
No Assignment: You may not assign these Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Findspeed, which may be withheld at Findspeed’s sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void.
Force Majeure: Findspeed (and its owner, agents or affiliates) will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
12. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
Name: Rajat Yadav
Postal: 140/D, Kailash Nagar, Jajmau, Kanpur, Uttar Pradesh - 208010, India
13. FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email: email@example.com.
Last updated on December 22, 2022