This Privacy Policy along with the User Terms of Use (hyperlinked) (“Terms”), together constitute a legally binding agreement (“Agreement”) between you the user, (“You/Your/Users”), and Regenfi Labs Private Limited (“Us/We/Our”), with respect to Your use of Our Services.Any terms used herein that begin with a capitalized letter shall have such meaning as assigned to it under the Terms or under the respective clauses of this Privacy Policy.

We take the privacy of Our Users very seriously and are committed to safeguarding their privacy while providing personalized and valuable access to avail Our Services through Our web-based and mobile-based, application platform (“Platform”).

In order to provide Services to You, We collect the following categories of information when You access and/ or use the Platform ("Traffic Data"):

a) IP addresses;

b) Domain server details; and

c) Other information with respect to Your device, the interaction of Your device, and reading Your phone state, with the Platform.

In order to provide the Services, We also require You to provide Us with information that personally identifies You ("Personal Information"). This Personal Information includes the following categories of information:

a) Contact data (such as e-mail address, phone number, audio data, the details of Your contacts, and any extra contact details); and

b) Demographic data (such as time zone, postal address, and location details).

You agree and understand that if You communicate with Us by, for example, e-mail or letter, any information provided in such communication may be collected, retained, and used by Us as per the terms of this Privacy Policy.

Traffic Data, Personal Information, and such other information as may be collected pursuant to this Privacy Policy, together constitute the information collected by Us pursuant to Your use of Our Services (“Information Collected”), and Your acceptance of it.

We only use Your browser's local storage and session storage to store the authentication token and permissions that You have so that whenever you intend to access Our Platform, a prompt of “HTTP” request is sent to Our server to authenticate Your usage.

We do not transfer any alphanumeric identifiers to Your device through Your web browser to enable Our systems to recognize Your browser, remember information specific to You, and/ or provide certain features to You (“Cookies”). We do not track Your interaction with Our Platform nor do we collect Your preferences using Cookies. However, there are default Cookies that are set by the browser itself and are not controlled by Us.

Your Account Information: You must provide basic information (including a profile name of Your choice) to use Our Platform and Services. If You do not provide Us with this information, You will not be able to use Our Services.

User Support and Other Communications: We may retain Your messages either sent through email, letter, or any other communication medium and received pursuant to the ordinary course of providing Services. Such messages of Yours are stored on Your device and also on Our servers. Moreover, when You contact Us for support or otherwise communicate with Us, You may provide Us with information related to Your use of Our Services, including copies of Your Messages, any other information You deem helpful, and how to contact You (e.g., an email address). For example, You may send us an email with information relating to the Platform’s performance or other issues.

We use the Information Collected and Information You Provide, in such a manner that enables Us to provide the Services and/or any parts thereof to You in an effective way, including using Information Collected to:

a) assist and enable You in accessing the Services and/ or any parts thereof;

b) prevent any potentially illegal activity and to screen and prevent undesirable or abusive activity during the provision of Services and/ or any part thereof;

c) monitor, maintain, troubleshoot, and/or improve the Services and/or any associated features; and/or

d) perform statistical and/ or other analysis and research on the Information Collected.

We generally use the Information Collected to: (a) send notices about Your Account, password changes, payment authorizations, and other transactional information; (b) notices about updates to Privacy Policy; and (c) information about products, services, surveys, events, news, and promotions offered by Us where permitted by applicable Law. If You do not wish for Us to communicate with you regarding (c) above, You may opt out of future communications by clicking the “unsubscribe” link in any such communication.

All Personal Information that is shared with Us and retained by Us is stored securely on servers and used strictly for the purpose of supporting You and efficiently providing You the Services. We do not use this information beyond the necessary scope of Our Services and only transmit it when it is essential for the Services.

The Information Collected shall not be used in any form or manner other than as is described in this Privacy Policy, specifically Clause 4 of this Privacy Policy, and, while We use Our best efforts to protect all Information Collected, this Privacy Policy is not intended to restrict Our use of Information Collected (“Permitted Use”).

Notwithstanding anything else contained in this Agreement, We do not disclose any personally identifiable Personal Information to any third parties, other than as specifically approved by You in writing.

Subject to Clause 5.1 above, We use Our best efforts to use personally identifiable Personal Information in aggregate form so that no individual Person is identified by the third parties with which such information is shared.

We retain the Information Collected from You for different periods of time depending on the period for which you avail the Service, the applicable Law, what such data is, how We use such data, and how You manage Your settings with respect to such data.

When You delete any data, We make sure that all Your data is safely and completely removed from Our servers or retained only in anonymized form. We try to ensure that We protect information from accidental or malicious deletion and this may cause delays between when you delete something and when copies are actually deleted from Our active and backup systems/ servers.

Your Account Information: You must provide basic information (including a profile name of Your choice) to use Our Platform and Services. If You do not provide Us with this information, You will not be able to use Our Services.

User Support and Other Communications: We may retain Your messages either sent through email, letter, or any other communication medium and received pursuant to the ordinary course of providing Services. Such messages of Yours are stored on Your device and also on Our servers. Moreover, when You contact Us for support or otherwise communicate with Us, You may provide Us with information related to Your use of Our Services, including copies of Your Messages, any other information You deem helpful, and how to contact You (e.g., an email address). For example, You may send us an email with information relating to the Platform’s performance or other issues.

We use the Information Collected and Information You Provide, in such a manner that enables Us to provide the Services and/or any parts thereof to You in an effective way, including using Information Collected to:

a) assist and enable You in accessing the Services and/ or any parts thereof;

b) prevent any potentially illegal activity and to screen and prevent undesirable or abusive activity during the provision of Services and/ or any part thereof;

c) monitor, maintain, troubleshoot, and/or improve the Services and/or any associated features; and/or

d) perform statistical and/ or other analysis and research on the Information Collected.

We generally use the Information Collected to: (a) send notices about Your Account, password changes, payment authorizations, and other transactional information; (b) notices about updates to Privacy Policy; and (c) information about products, services, surveys, events, news, and promotions offered by Us where permitted by applicable Law. If You do not wish for Us to communicate with you regarding (c) above, You may opt out of future communications by clicking the “unsubscribe” link in any such communication.

All Personal Information that is shared with Us and retained by Us is stored securely on servers and used strictly for the purpose of supporting You and efficiently providing You the Services. We do not use this information beyond the necessary scope of Our Services and only transmit it when it is essential for the Services.

The Information Collected shall not be used in any form or manner other than as is described in this Privacy Policy, specifically Clause 4 of this Privacy Policy, and, while We use Our best efforts to protect all Information Collected, this Privacy Policy is not intended to restrict Our use of Information Collected (“Permitted Use”).

Notwithstanding anything else contained in this Agreement, We do not disclose any personally identifiable Personal Information to any third parties, other than as specifically approved by You in writing.

Subject to Clause 5.1 above, We use Our best efforts to use personally identifiable Personal Information in aggregate form so that no individual Person is identified by the third parties with which such information is shared.

We retain the Information Collected from You for different periods of time depending on the period for which you avail the Service, the applicable Law, what such data is, how We use such data, and how You manage Your settings with respect to such data.

When You delete any data, We make sure that all Your data is safely and completely removed from Our servers or retained only in anonymized form. We try to ensure that We protect information from accidental or malicious deletion and this may cause delays between when you delete something and when copies are actually deleted from Our active and backup systems/ servers.

All User passwords are encrypted. When You create an account or update Your password, the password is immediately encrypted before being stored in Our database. Encryption is a process that converts plain-text data (the user's password) into an unreadable format using a cryptographic key. This ensures that even if unauthorized individuals gain access to the database, they will not be able to decipher the passwords without the corresponding decryption key.

We also implement measures to protect the encryption keys, limiting access to authorized personnel only. This adds an extra layer of security to prevent potential data breaches. By employing encryption techniques, we prioritize the confidentiality and integrity of Your passwords, making it significantly more challenging for malicious actors to exploit any potential security vulnerabilities and compromise the security of Your account. Our commitment to data security is steadfast, and We continuously review and improve Our practices to stay up-to-date with the latest security standards.

We also use the following security measures to protect Your information:

a) Password Protection: Using password encryption in order to safe access by authorized individuals;

b) Secure Development Practices: Following secure coding practices during the development process helps reduce vulnerabilities and ensures that potential security flaws are identified and addressed early on;

c) Access Control and Authorization: Implement proper access controls, ensuring that Users can only access the data and features that are relevant to their roles;

d) Data Minimization: Collect and store only the data that is necessary for the Services and the functionality of the Platform, minimizing the potential impact of a data breach;

e) Security Updates and Patches: Keep all software and systems up-to-date with the latest security patches to protect against known vulnerabilities;

f) Regular Backups: Regularly backing up data to prevent data loss in case of system failures or ransomware attacks;

g) Privacy Policy and User Consent: This Privacy Policy outlines the data collected, its usage, and Users' rights. Obtain explicit User consent for data collection and processing; and

h) Monitoring and Logging: Implement monitoring and logging mechanisms to detect and respond to security incidents promptly.

We access, preserve, and share Information Collected and the information You provide in a secure and legal manner. We have a right to use the aforesaid information as per this Privacy Policy if we have in good faith believed that it is necessary to: (a) respond to any concerns cropping up pursuant to applicable Law or regulations, legal process, or government requests; (b) enforce the Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, or address fraud and other illegal activity or security, and technical issues; or (d) protect the rights, property, and safety of Our Users, or others, including to prevent death or imminent bodily harm.

You may note that this Privacy Policy is based on the applicable Law and good data privacy practices adopted by Us in India. By visiting Us, You agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree with the terms contained herein, please do not use or access our Platform or avail any Services. By mere use of the Platform, you expressly consent to Our use and disclosure of Your personal information in accordance with this Privacy Policy.

Our Services are not intended for or designed to attract individuals who have not reached the relevant age of consent required to enter into legally binding contracts according to the laws of their respective jurisdictions. Our Services provided through the Platform restricts access to only identified persons. If you become aware that a child has provided us with Personal Information without parental consent, please contact us. We will take steps to remove that information from our servers.

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy so please review it frequently. We will endeavor to inform You of any changes incorporated in this Privacy Policy that are significant (in Our opinion), however, You are requested to regularly visit and review this page.

You accept this Privacy Policy by accepting the Agreement and/or accessing the Services.

You have a legal right to a copy of Your Personal Information held by Us and to correct any errors in such Personal Information.

You may approach Saurabh Saraf, Grievance Officer, at info@offsetfarm.io to address any queries, concerns, discrepancies, or grievances with respect to Your Information Collected or this Privacy Policy. We will use Our best efforts to redress the grievances expeditiously, within 1 (one) month from the date of receipt of such grievance.

It is also clarified that You shall not use any “deep-link”, “page-scrape”, or use any 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, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Service, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.

You agree that You shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of Services or any other systems or networks connected to the Platform or to any server, computer, network, or to any Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

You agree that You shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Platform, or any other client/customer/user/member of the Company/Platform including any account on the Platform not owned/operated/managed by You, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.

You agree that You shall not make any negative, denigrating, or defamatory statement and/or comment about Us or Our Services or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish Our image or Our reputation or that of other Users on the Platform or Our other business partners or otherwise tarnish or dilute any of the Our trade or service marks, trade names and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.

You agree that You will not use the Platform or any content thereof for any purpose which is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes Our rights, that of Our users and/or third parties.

In the event, We have reasonable grounds to believe that Your activities include any of the acts specified above, we may initiate appropriate legal action against You as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating Your use of the Platform.

You agree that You shall, at all times, ensure full compliance with the applicable provisions of the IT Act, and the rules thereunder as applicable and as amended from time to time and, also all applicable Laws regarding the use of Services. Further, You agree that You shall not solicit (directly or indirectly) any other Users of the Platform to avail the Services of the Platform being displayed on the Platform, either independently or through Us or Our Platform.

In addition and not in derogation of the specific indemnities provided by You to Us under these Terms and/or policies of the Platform, You agree to indemnify, defend, and hold Us and Our affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users, and agents etc. harmless against any or all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against Us or such party, to the extent such losses are based on or arising out of or in connection with:

• Any breach or non-performance of any of the Terms and/or other policies of the Platform with respect to the use and access of the Platform and/or availing of Services.

• Truthfulness and correctness of the information provided by the User at the time of registration and/or at any time during availing of the Services.

• Breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right) by You.

For the purpose of these Terms herein, the term, “intellectual property rights” shall mean on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any applicable law.

It is further acknowledged and agreed by You that all the intellectual property rights in all material presented on the Platform, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos and all other materials appearing on the Platform are Our property, that of Our parent, affiliates, and associates and are protected under applicable Laws.

It is hereby clarified and agreed by You that:

• We own all the intellectual property rights in and relating to the Services offered through the Platform, and Your use of the Platform and/or availing of Services does not grant or confer You with any rights in relation to Our intellectual property rights or Our affiliates or licensor’s or suppliers’ intellectual property rights.

• The structure of Our Platform shall not be reproduced, distributed, or published, in whole or in part, by You for any purpose; other than in connection with Your private use of the Platform and/or availing of Services, You shall not copy, reproduce, download, publish, adapt, create derivative works, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any intellectual property rights or content in relation to the Platform and/or availing of the Services or the computer codes or elements which comprise the Platform.

• By using, accessing, or visiting Our Platform and/or availing the Services, You acknowledge and agree that the general layout, content, and design of the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and these Terms do not grant to You any rights to any intellectual property rights in respect of the Platform or any content.

• You cannot create any derivative work or technology based upon any Our intellectual property rights, confidential or Our proprietary information.

• You cannot adapt or use any trademark, service mark, trade name, logo, or domain name similar to or likely to be confused with those of Ours or take any other action that infringes upon or impairs Our trademark (whether registered or unregistered) or other intellectual property rights.

• Other than as set out in this clause and the Platform’s policies, You are not permitted to use any of Our intellectual property rights without Our (and Our affiliates, licensor’s or suppliers) prior written consent.

We may take action against You or with respect to Your Account, including disabling or suspending Your Account if You clearly or repeatedly infringe the intellectual property rights of others or where We are required to do so for legal reasons. Disabling or suspending Your Account will be in accordance with these Terms and as per applicable Law.

You acknowledge that You are responsible for and will release Us from any and all liabilities, losses, claims and damages that may arise out of or in connection with any infringement of intellectual property rights of the Company or third parties, by You. You further agree to hold Us harmless and indemnify Us in this regard.

You agree that We, at Our sole discretion and for any, including inter alia without limitation if You breach these Terms, may terminate Your access to and use of the Platform, at any time. You agree that any termination of Your access to the Platform and/or suspension/termination of Your Account may be effected without prior notice, and in this respect, We shall not be liable to You for any such termination. Your right to use the Platform immediately ceases upon termination of Your access/use of the Platform.

The provisions of these Terms shall continue to apply until terminated by either of the Party. In case of User wanting to terminate these Terms, the User may do so by: (a) not accessing the Platform; or (b) closing the Account.

We reserve the right to, at any time, and with or without notice, terminate these Terms against each of the Users, if there is:

• breach of any of the applicable Laws: or the provisions of these Terms or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the User from time to time (or have acted in a manner that clearly shows that the User does not intend to, or is unable to, comply with the same);

• Platform is unable to verify or authenticate any information provided to the Platform by the User;

We believe, at Our sole discretion, that the User’s actions may cause legal liability to the Company/ Platform, (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or that they are contrary to the interests of the Platform;

We are required to do so by law; or

if You fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for the Company to provide the Services to You.

You shall have access to the Platform and avail the Services provided on the Platform voluntarily and at Your own risk. We shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by You or any other person or entity during the course of access to the Platform’s Services.

By accessing the Platform and/or availing the Services, You hereby release from and agree to indemnify Us and/or any of Our directors, employees, partners, associates, and licensors, from and against all liability, cost, loss or expense arising out of their access to the Platform and availing of Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.

You shall be solely responsible for any consequences which may arise due to their access of the Platform and availing of the Services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to Services and/or policies of the Platform, including provision of incorrect address or other personal details.

In consideration of Us allowing You to access the Services, to the maximum extent permitted by law, You waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Us, Our respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Services.

In no event shall We, or Our officers, directors, employees, or partners be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access of the Platform and availing of the Services.

You are responsible for and release Us from any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms and further agrees to hold Us harmless and indemnify Us in this regard.

In no event shall Our total aggregate liability to You for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms or any of Your use of the Platform exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). We accept no liability for any errors or omissions on behalf of You. The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behavior, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof.

YOU AGREE AND UNDERSTAND THAT THE PLATFORM IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PLATFORM IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME AT OUR DISCRETION.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL/OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

TO THE EXTENT PERMITTED UNDER LAW, NEITHER US NOR OUR PARENT/HOLDING COMPANY, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, PROFESSIONAL ADVISORS, EMPLOYEES SHALL BE RESPONSIBLE FOR THE DELETION, THE FAILURE TO STORE, THE MIS-DELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION/CONTENT OR MATERIAL.

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

TO THE EXTENT PERMITTED UNDER LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION/CONTENT OR MATERIAL AND THE QUALITY THEREOF.

NOTWITHSTANDING ANYTHING, WE DISCLAIM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR, AND IF A USER PAYS FOR ACCESS TOWARDS COMPANY'S SERVICES, THEN THE USER WILL NOT BE ENTITLED TO A REFUND AS A RESULT OF, ANY INACCESSIBILITY TO THE PLATFORM OR UNAVAILABILITY OF THE SERVICES OR THAT IS CAUSED BY OUR MAINTENANCE ON THE SERVERS OR THE TECHNOLOGY THAT UNDERLIES OUR SITES, FAILURES OF OUR SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING, AND POWER PROVIDERS), DEFECT IN TELECOMMUNICATION NETWORK, INTERNET FAILURES, COMPUTER VIRUSES, NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF OUR FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.

ANY MATERIAL/CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE AT THE USER'S DISCRETION, COMPETENCE, ACCEPTANCE AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM A USER'S DOWNLOAD OF ANY SUCH MATERIAL/CONTENT.

THE PLATFORM SHALL MAKE BEST ENDEAVOURS TO ENSURE THAT THE SERVICES ARE ERROR-FREE AND SECURE, HOWEVER, NEITHER THE COMPANY NOR ANY OF ITS PARTNERS, LICENSORS OR ASSOCIATES MAKES ANY WARRANTY THAT THE SERVICES WILL MEET USERS' REQUIREMENTS; THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THE QUALITY OF THE SERVICES, INFORMATION/CONTENT, OR OTHER MATERIAL THAT USERS OBTAIN THROUGH THE PLATFORM WILL MEET USERS' EXPECTATIONS.

THE USER AGREES AND ACKNOWLEDGES THAT INFORMATION SHARED BY THE USER SHALL BE THE PROPERTY OF THE USER AND THE USER SHALL BE SOLELY RESPONSIBLE FOR ANY UNAUTHORIZED USE OR MISUSE OF SUCH CONTENT AND SHALL INDEMNIFY AND HOLD HARMLESS THE COMPANY FOR ANY CLAIM, DAMAGE, LOSS, EXPENSE BROUGHT AGAINST, ACCRUED AND/OR INCURRED BY THE COMPANY IN THIS REGARD.

TO THE EXTENT PERMITTED UNDER LAW, IN THE EVENT OF SUSPENSION OR CLOSURE OF ANY SERVICES, USERS SHALL NOT BE ENTITLED TO MAKE ANY DEMANDS, OR CLAIMS, OF ANY NATURE WHATSOEVER.

PLATFORM HAS EXERTED REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION PUBLISHED ON THE WEBSITE/APP IS ACCURATE AT THE TIME OF POSTING; HOWEVER, THERE MAY BE ERRORS IN SUCH INFORMATION FOR WHICH WE SHALL HAVE NO LIABILITY. WE RESERVE THE RIGHT TO REMOVE OR ALTER ANY OF THE INFORMATION CONTAINED ON THE PLATFORM AT OUR SOLE DISCRETION. THE PLATFORM CANNOT GUARANTEE THE ADEQUACY, CURRENCY, OR COMPLETENESS OF THE PLATFORM CONTENT.

YOU EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD US HARMLESS IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY ADVERTISERS/THIRD PARTY SERVICE PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAY NO DETERMINATIVE ROLE IN THE PERFORMANCE WITH RESPECT TO THE SAME. THE COMPANY SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS, AND TRANSACTIONS BETWEEN YOU AND THE THIRD-PARTY ADVERTISERS/THIRD-PARTY SERVICE PROVIDERS.

These Terms shall be governed by the Laws of India. Subject to Clause 15.2 below, the courts and tribunals of New Delhi have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity, or termination of these Terms).

If any dispute, controversy, or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms, then such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty-five (45) Business Days of either party (You or Us) sending a notice in this regard to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator who shall be appointed by Us and whose decision shall be final and binding upon all the concerned parties. The seat and venue of the arbitration proceedings shall be New Delhi, India.

If for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (Us and the User collectively) as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

No provision of these Terms shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Us. Any consent by Us to, or a waiver by Us of, any breach committed by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Except when expressly allowed, any use of Our content and any reproduction, republication, uploading, posting, public display, encoding, translation, transmission, or distribution thereof (including "mirroring") to any other computer, server, website, or other medium, without Our express prior written consent is not allowed.

We shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting You. Examples of force majeure events are real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond Our control hindering, delaying, or complicating the maintenance of the Platform entitles Us to suspend or limit the Platform until further notice.

The rights and obligations under the Terms which by their nature should survive will remain in full effect after the termination or expiration of the Terms.

No partnership, joint venture, or relationship of employee/employer or franchisor/franchisee arises between You and Us by reason of the Terms.

At Our discretion, We may serve any notice or communication to You by mail. In the case of notices sent by mail, You will be deemed to have been served 5 (five) Business Days after dispatch of the same.

You may approach Saurabh Saraf, Grievance Officer, at info@offsetfarm.io to address any queries, concerns, discrepancies, or grievances with respect to Your information or these Terms.

These business terms of use (“Business Terms”) apply to the Business Services (defined hereunder) provided by Regenfi Labs Private Limited, a private limited company, incorporated under the provisions of the Companies Act, 2013, having its office at 91Springboard, Plot No. D, 107, Vyapar Marg, D Block, Sector 2, Noida, Uttar Pradesh-201301, India (“Company”, “We”, “we”, “Us” or “Our”), to You and the company or the business that You are authorized to represent (“You”, “you” “Your”, “your” or “Business”).

The Business Terms contained in this electronic record, read along with other policies as available and uploaded on the Platform (defined hereunder), or any specific terms and conditions, as applicable or relating to the Business Services which are incorporated herein by reference, shall constitute the entire legally and binding agreement between You and Us, in connection with the access, visit, or usage of the Platform for availing the Business Services in any manner unless a mutual agreement executed between You and Us states otherwise.

You represent and warrant that You have the right, authority, and capacity to enter into the Business Terms (on behalf of the entity that You represent). You are requested to read these Business Terms carefully before accepting them.

This electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder.

IN CASE YOU DO NOT AGREE WITH THESE BUSINESS TERMS, THEN PLEASE REFRAIN FROM USING AND ACCESSING THE PLATFORM AND AVAILING SERVICES ON THE PLATFORM.

It is further clarified that by availing the Business Services on the Platform, and/or visiting, viewing, accessing, or otherwise using the Business Services or information created, collected, compiled, or submitted to the Platform, You are deemed to have agreed to these Business Terms and all the policies of the Platform.

It is hereby clarified that We may, from time to time, change provisions related to the Business Services which also include changing the extent and scope of Business Services and/ or including any other category of service or facility within the term ‘Business Services’, at Our sole discretion. You can determine when these Business Terms were last revised by referring to ‘LAST UPDATED’ mentioned in these Business Terms. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Business Terms.

These Business Terms incorporate by reference the following policies and documents:

Business Data Processing Terms; and

Privacy Policy.

To the extent that any of the additional terms and policies conflict with these Business Terms, the additional terms and policies will govern.

“Business Account” shall mean an account created by You on Our Platform to access Our Business Services;

“Business Day” shall mean any day other than a Sunday or a day on which scheduled commercial banks in New Delhi are authorized or required by Law to be closed.

“Business Services” here refers to Our products and Services as provided to Your Business.

“Confidential Information” here refers to the Business Services, content, and services made available by Us, any non-public information relating to the features and functionality of Our Company and Our Business Services, and all information clearly identified as confidential at the time of the disclosure.

The “Effective Date” of the Business Terms of is the date which is the earlier of:

Your initial access to any Business Services through any online registration, downloading and initiating the integration process; or

the effective date of any order form, as applicable, referencing the Business Terms; or

by clicking a box indicating explicit acceptance of the Business Terms.

The Business Terms will govern Your initial access on the Effective Date as well as any future access made by You with that reference to the Business Terms.

“Law” or “Laws” includes all applicable statutes, enactments, acts of the legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any Government Authority, tribunal, board or court, as amended from time to time, in India.

“Services” shall mean to include but not be limited to information technology-related support provided by Us to You in order to create a database for Your ease of reference so as to enable project management such as its collection, processing, and reporting.

“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu Undivided Family, trust, union, association, society, foundation, Government, or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable Law.

“Platform” shall mean an information technology platform i.e. both mobile-based application and website-based application, that is inter alia engaged in providing Business Services on or through the Platform.

Any reference to the singular includes a reference to the plural and vice versa; any reference to one gender includes a reference to other gender(s) unless explicitly stated otherwise;

Headings and captions are used for convenience only and not for interpretation of the Business Terms;

Any reference to a natural person shall include his/her heirs, executors, and permitted assignees and any reference to a juristic person shall, include its affiliates, successors, and permitted assignees, unless repugnant to the context.

To access the Business Services, You must create a Business Account which allows You access to the Business Services.

You agree to keep Your Business Account information current, accurate, and complete so that We may send notices, statements, and other information to You. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Account or any other form of breach of security. We shall not be held liable for any loss or damage arising from Your failure to comply with the above requirements. If You provide any information that is untrue, inaccurate, not current, incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Business Terms herein and the other policies of Platform, We shall have the right to indefinitely suspend or terminate your Business Account or block Your access on the Platform.

We have the right to seek documentation from You as part of the Know Your Customer (“KYC”) process from time to time. Any refusal or inordinate delay in submitting the documents/information or resulting in violation of this section allows Us to suspend Your access to the Business Account or terminate Your Business Account in accordance with the Termination Section.

You shall log out from your Business Account at the end of each session in order to ensure complete security and secrecy of Your data and Our Company’s data. The Business Account information must be shared with only authorized personnel and You shall solely be responsible for safeguarding the Business Account, its passwords, and all the information and data associated with such Business Account. For the safety of the data, information in such Business Account and prevention of any possibility of any unauthorized use thereof, You should use a strong password and not disclose the password to any third parties. You are solely responsible for maintaining the confidentiality of your Business Account, display name, and password and You are fully responsible for all activities that occur under the same and We shall not be liable or responsible whatsoever in this regard. You expressly agree that You will immediately notify Us about any actual or potential unauthorized use of Your Business Account, display name and password, or any breach of security or any breach of the Business Terms by a third party.

We are not liable for any loss to You caused by any unauthorized use of the Business Account and, in this respect, You shall indemnify Us for losses that We may incur from any other party on account of such unauthorized or fraudulent use of the Business Account.

If We reasonably believe that a Business Account and password are being used or misused in any manner, We reserve the right to cancel rights to access the Platform and/or the Services immediately without notice and block access to all users of the Business Account from that particular IP address. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Business Account. However, You could be held liable for all the losses, claims, and liabilities incurred by Us due to someone else using Your Business Account or password.

In the event You become aware of any breach of security or unauthorized use of the Business Account, then You shall take all the reasonable steps to inform Us with respect to such unauthorized use of the Business Account and, in this regard, We shall not be responsible for any liabilities that such You may incur from the misuse of the Business Account or password or any data and information contained therein. You agree that We cannot and will not be liable for any loss or damage arising from Your failure to comply with these Terms. In this respect, You shall indemnify Us for losses that We may incur from any other party on account of such unauthorized or fraudulent use of the Business Account.

You agree to use the Business Services in compliance with Our technical and product documentation and any other related documentation provided by Us regarding use of Business Services.

These Platform shall be used by You subject to the following:

Compliance with applicable Law: You agree that You will act lawfully, diligently, and honestly at all times when You access and use the Platform and/or avail the Business Services and will comply with applicable Law.

Modification of the Terms: Subject to applicable Law, We may stop providing Business Services (or any part of Business Services) permanently or temporarily, to You or may modify or change the nature of Business Services and/or these Business Terms without any prior notice to You. Your use of Business Services following such modification shall constitute Your deemed acceptance of such modifications. Suspension of whole or part of Our Business Services, either permanently or temporarily does not absolve You or others of any liabilities incurred pursuant to breach of these Business Terms.

Age: For the use and access of the Platform, whether or not for provisions of availing any of the Business Services on the Platform, You must be 18 (eighteen) years of age or older to use or visit the Platform, in any manner. For this purpose, You agree that by visiting the Platform or accepting these Business Terms, You represent and warrant to Us that You are 18 (eighteen) years of age or older and that You have the right, authority, and capacity to use the Platform and agree to and abide by the Business Terms as provided herein.

Your Rights: We do not claim any ownership of the information that You submit through Your Business Account or through Us. You may have the necessary rights to such information including the right to grant the rights and licenses as required by these Business Terms. It is hereby clarified that all Your information and Your content will belong solely to You, and only be used to enhance the provision of Business Services. You are responsible for any data or content uploaded by You onto the Platform. We do allow You to share Your information with others and by doing so You acknowledge that We will not be responsible for any misuse of it once it is shared or made public. We reserve the right to edit or remove any material submitted/ posted to the Platform, stored by You on Our servers, or hosted or published on the Platform.

Our Rights: We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with Our Company. You may not use Our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless You have Our express written permission.

Your license to Us: In order to operate and provide the Business Services to You, You hereby grant Us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, reproduce, distribute, and create derivative works of Your information to enhance and improve Our Business Services.

No disruption or harm to the Platform and/or Services: You agree that You will not interfere with, jeopardize, disrupt, or harm the Platform and/or Business Services and that You will not intercept, expropriate, re-use, steal, or re-utilize any system, data, or information comprised in or provided to You via the Platform and/or Business Services and at all times comply with the Business Terms and other policies of the Platform.

Access to the Platform: We will provide You with any help You may reasonably require to access the Platform but We shall not be responsible if You are unable to access any section of the Platform or any of the Business Services for any reason. We do not guarantee You access to the Platform at any time and at all times. We do not guarantee that while You are accessing the Platform, Your access will be uninterrupted, without delay/interference, secure and/or error-free, or operate as set out and anticipated in these Business Terms. Accordingly, We reserve the right, at any time, to suspend or discontinue the Platform and/or any of the Business Services for any reason without incurring any liability or obligation to You.

Communication Preferences: As part of Your relationship with Us, You permit Us to use Your contact information to send You electronic communications (such as messages, emails, and phone calls via WhatsApp or otherwise) from Us including: (a) notices about Your Business Account, password changes, payment authorizations, and other transactional information; (b) notices about updates to Our Business Terms; and (c) information about products, services, surveys, events, news, and promotions offered by Us were permitted by applicable Law. If You do not wish for Us to communicate with You regarding (c) above, You may opt out of future communications by clicking the “unsubscribe” link in any such communication.

Third Parties Access: In the instance that You retain a third party as Your service provider to manage Your access to the Business Services, You represent and warrant that such third party will only process data pursuant to Your instructions and authorizations, and subject to a written agreement that obligates such data processing to be in compliance with the Business Terms. You represent that You are solely and fully liable for all acts and omissions by such third parties authorized by You and We shall not be liable for any misuse or mishandling on the part of such third party.

Fees, Taxes, Invoicing, and Payment (if and when applicable)

Any fee schedule applicable as part of the Business Terms will be provided to You through Your Business Account.

You shall be solely responsible for paying all fees and taxes required by applicable Laws in connection with the performance of any Business Services or invoices raised as part of the Business Terms.

You, after logging into the Business Account will be able to use the Business Services. We do not guarantee any verification of any data or any other information shared by You on the Platform. We do not guarantee the authenticity, or reliability of the Information and consider it as bonafide secured information. In this regard, We shall not be responsible for any liabilities that may arise from the misuse of or reliance on the information by You and You must at all times, indemnify Us in case of such allegations.

You are provided with tech-enabled system-generated assistance in measurement, reporting, and verification so that You get a fair idea about the status of Your project and are able to plan accordingly. We do not guarantee any authenticity regarding the output that is system-generated and is based on the information shared by You. We shall not be responsible for any liabilities that may arise from the reliance on the information generated through the usage of the Business Services, and You must at all times, indemnify Us in case of such claims.

You hereby acknowledge that it is solely responsible for the generated content and shall be solely liable for any consequences arising out of using the Business Services by providing information and sharing such generated content, including, but not limited to any claims, costs, losses, damages, expenses, judgments, any other possible conflicts, disputes, or issues arising out of or related to such generated content.

We use the information that We have only for enhancing Your experience and only to the extent necessary in providing Business Services.

You may only use Our Business Services if You have ensured that Your Use of Our Business Services complies with all relevant laws including Laws that are applicable to You. It is Your sole responsibility to determine and ensure Your compliance with your legal obligations.

We make no representations or warranties that Our Business Services meet the needs of entities regulated by Laws with heightened confidentiality requirements for personal data, such as financial, or legal services entities. You are at all times solely responsible for providing all necessary data disclosures, maintaining a privacy policy, and adhering to all other requirements as per applicable Law.

You must make all bonafide efforts to comply with Our Privacy Policy when You dealing with individual data by utilizing Our Business Services. You must also secure all necessary rights, consents, and permissions (for example, opt-in) to share your customers’ contact and other personal data using Our Business Services. We are not liable for any acts or omissions by Your breach of any Law and You agree that You shall indemnify Us for losses that We may incur from any other party on account of such unauthorized or fraudulent use of such data.

For the purpose of these Business Terms herein, the term, “intellectual property rights” shall mean on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any applicable Law.

It is further acknowledged and agreed by You that all the intellectual property rights in all material presented on the Platform, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos and all other materials appearing on the Platform are Our property, or that of Our parent, affiliates, and associates and are protected under applicable Laws.

All titles and any intellectual property rights to the Business Services or its modifications and amendments belong to Us. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with the Services. Except as expressly stated herein, the Business Terms do not grant Our intellectual property rights to the Business Services.

It is hereby clarified and agreed by You that:

We own all the intellectual property rights in and relating to the Business Services offered through the Platform and Your use of the Platform and/or availing of Services does not grant or confer You with any rights in relation to Our intellectual property rights or Our affiliates or licensor’s or suppliers’ intellectual property rights;

the structure of Our Platform shall not be reproduced, distributed or published, in whole or in part, by You for any purpose; other than in connection with Your permitted use of the Platform and/ or availing of Business Services, You shall not copy, reproduce, download, publish, adapt, create derivative works, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any intellectual property rights or content in relation to the Platform and/ or availing of the Business Services or the computer codes or elements which comprise the Platform;

by using, accessing, or visiting Our Platform and/ or availing the Business Services, You acknowledge and agree that the general layout, content and design of the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and these Terms does not grant to You any rights to any intellectual property rights in respect of the Platform or any content;

You cannot create any derivative work or technology based upon any Our intellectual property rights, confidential or Our proprietary information; and

Other than as set out in this clause and the Platform’s policies, You are not permitted to use any of Our intellectual property rights without Our (and Our affiliates, licensor’s or suppliers) prior written consent.

We may take action against You or with respect to Your Business Account, including disabling or suspending Your Business Account if You clearly or repeatedly infringe the intellectual property rights of others or where We are required to do so for legal reasons. Disabling or suspending Your Business Account will be in accordance with these Business Terms and as per applicable Law.

You acknowledge that You are responsible for and will release Us from any and all liabilities, losses, claims and damages that may arise out of or in connection with any infringement of Our intellectual property rights or that of third parties, by You. You further agree to hold Us harmless and indemnify Us in this regard.

We may also:

compile statistical and other information related to the performance, operation, and use of the Business Services;

use data collectively via the Business Services in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (“Service Analyses”).

Such Service Analyses will not incorporate any Confidential Information in a form that could serve to identify the business or any individual, and Service Analyses do not constitute personal data. We retain all intellectual property rights in relation to Our Service Analyses.

Under these Business Terms, You agree not to host, display, upload, modify, publish, transmit, update, or share any information that:

• belongs to another Person and in relation to which it does not have any right of use;

• infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any Person and privacy rights of any individual;

• is false or misleading in any way;

• violates any Law;

• harasses or advocates harassment of another Person;

• promotes illegal activities or abusive, obscene, defamatory or libelous conduct;

• solicits illegal activities;

• harms minors in any way;

• deceives or misleads the other users of the Platform about the origin of messages or communicates any information which is grossly offensive or menacing in nature;

• 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;

• promotes an illegal or unauthorized copy of another person's copyrighted work;

• provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

• tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

• refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, application, or software that contains content that would be prohibited or violates the letter or spirit of these Business Terms.

You represent and warrant that You:

• will use Our Business Services solely for business, commercial, and authorized purposes and not for personal use;

• will only provide registration information associated with Your Business;

• have not been previously suspended or removed from creating any Business Accounts, accessing the Business Services or engaging in any activity that could result in suspension or removal;

• have submitted all required registration information and documentation, which is truthful and accurate;

• have maintained the accuracy of such information.

You agree not to:

• reveal/disclose confidential or proprietary information of other Users, the Company, Platform or any third party when You receive or come in possession of such confidential or proprietary information;

• Incorporate any computer contaminant, software virus, or any computer code, file or program on the Platform designed to interrupt, destroy, or limit the functionality of the Platform;

• incorporate or introduce any program on the Platform that might infringe the intellectual property rights of any other user and/or of Our Company/ Platform;

• download, copy, reproduce any file or information available on the Platform which You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed;

• in any way, deface or vandalize the Platform or prevent or restrict others from using the Platform;

• infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy, of Our Company, other users of the Platform or any third Party. You agree that it has valid rights and title in any and information and has not infringed on any intellectual property rights belonging to any Person and, in this respect, You agree that You will indemnify Us or Our affiliates for all claims arising out of any information that You posted on the Platform;

• impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;

• directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law;

• create liability for Our Company/ Platform or cause Our Company/ Platform to lose (in whole or in part) the services of its internet service provider or other suppliers;

It is also clarified that you shall not use any “deep-link”, “page-scrape”, or use any 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, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.

You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of Business Services or any other systems or networks connected to the Platform or to any server, computer, network, or to any Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

You agree that You shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other client/customer/user/member of the Company/ Platform including any Business Account on the Platform not owned/operated/managed by You, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.

You agree that You shall not make any negative, denigrating, or defamatory statement and/or comment about the Company/ Platform or Our Business Services or the brand name or domain name used by the Company/ Platform or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company/ Platform or other users on the Platform or other business partners of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade names and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Platform.

You agree that You will not use the Platform or any content thereof for any purpose which is unlawful or prohibited by the Business Terms or to solicit the performance of any illegal activity or other activity that infringes the rights of Our Company/ Platform, its users and/or others third parties.

In the event, We have reasonable grounds to believe that Your activities include any of the acts specified above, we may initiate appropriate legal action against You as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under Law or equity, apart from restricting or suspending or terminating Your use of the Platform.

You agree that you shall, at all times, ensure full compliance with the applicable provisions of the IT Act, and the rules thereunder as applicable and as amended from time to time and, also all applicable Laws regarding the use of Business Services. Further, You agree that you shall not solicit (directly or indirectly) any other users of the Platform to avail the Business Services of the Platform being displayed on the Platform, either independently or through Our Company/ Platform.

You shall indemnify and hold harmless the Company, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all losses, claims, damages, penalties, costs, expenses, demands, actions (including reasonable attorneys’ fees) suffered or incurred by Our Company/ Platform due to or arising out of breach of these Business Terms and other policies of the Platform.

PAYMENT TERMS

Please note that You can avail the Business Services on the Platform by making payments (“Fee”) to Us. For the purpose of making payments towards any Fee, You can make such payments by (a) Credit/Debit Card; (b) Net Banking; or (c) any other mode of electronic payment as provided on the Platform.

Any payments and transactions in respect of Business Service(s) under these Business Terms may be facilitated by or through third-party payment processors, online fund transfer facility through banks or credit cards or mobile and internet-based payment /commerce platforms or authorized payment gateway networks as recognized and authorized by the Reserve Bank of India (“Payment Facilitators”).

In this respect, it is clarified that the services of Payment Facilitators are utilized for the purposes of making any payment transaction in respect of Business Service(s) under these Terms, and use of such services of Payment Facilitators shall not render the Platform liable or responsible or assume any liability, whatsoever in respect of any loss or damage, arising directly or indirectly to You on account of (i) lack of authorization for any transaction(s); (ii) exceeding the pre-set limit mutually agreed by and between You and Your bank; (iii) any payment issues arising out of the transaction; (iv) decline of transaction for any reason; or (v) for any reason whatsoever.

Subject to clause 14.6 of these Terms, in the event of any claim for refund by You for any reason whatsoever, You shall immediately intimate Us of the same. We shall duly assess Your concern and determine the genuineness of it. If We determine that any refund (excluding any transaction charges or other such charges) if payable to You, then such refund (if any) shall be effected by Us via Payment Facilitators or such other means as We deem appropriate. No claims for refund shall be made by You to the Payment Facilitator directly and no such claims shall be entertained by Us.

SECURITY

All passwords are encrypted. When You create an account or update Your password, the password is immediately encrypted before being stored in Our database. Encryption is a process that converts plain-text data (the user's password) into an unreadable format using a cryptographic key. This ensures that even if unauthorized individuals gain access to the database, they will not be able to decipher the passwords without the corresponding decryption key.

We also implement measures to protect the encryption keys, limiting access to authorized personnel only. This adds an extra layer of security to prevent potential data breaches. By employing encryption techniques, we prioritize the confidentiality and integrity of Your passwords, making it significantly more challenging for malicious actors to exploit any potential security vulnerabilities and compromise the security of Your account. Our commitment to data security is steadfast, and We continuously review and improve Our practices to stay up-to-date with the latest security standards.

We also use the following security measures to protect Your information:

• Password Protection: Using password encryption in order to safe access by authorized individuals;
• Secure Development Practices: Following secure coding practices during the development process helps reduce vulnerabilities and ensures that potential security flaws are identified and addressed early on;
• Access Control and Authorization: Implement proper access controls, ensuring that persons can only access the data and features that are relevant to their roles;
• Data Minimization: Collect and store only the data that is necessary for the Business Services and the functionality of the Platform, minimizing the potential impact of a data breach;
• Security Updates and Patches: Keep all software and systems up-to-date with the latest security patches to protect against known vulnerabilities;
• Regular Backups: Regularly backing up data to prevent data loss in case of system failures or ransomware attacks;
• Privacy Policy and User Consent: The Privacy Policy outlines the data collected, its usage, and Users' rights. Obtain explicit User consent for data collection and processing;
• Monitoring and Logging: Implement monitoring and logging mechanisms to detect and respond to security incidents promptly.

In relation to the security of the data shared by You, You must at all times adhere to applicable Law and comply with the requirements mentioned in the Privacy Policy and Data Processing Terms.

NON-DISCLOSURE

By virtue of the Business Terms, the parties may have access to Confidential Information. Subject to the Termination section, the party that receives the Confidential Information agrees not to disclose the other’s Confidential Information which is being disclosed by the other party.

A party’s Confidential Information shall not include information that:

• is or becomes a part of the public domain through no act or omission of the other party;
• was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party;
• is lawfully disclosed to the other party by a third party without restriction on the disclosure; or
• is independently developed by the other party.

We may disclose Confidential Information only to Our employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under the Business Terms. This clause will survive the termination of the Business Terms.

We may take action against You or with respect to Your Business Account, including disabling or suspending Your Business Account if You clearly or repeatedly infringe this clause or where We are required to do so for legal reasons. Disabling or suspending Your Business Account will be in accordance with these Business Terms and as per applicable Law.

WARRANTIES, DISCLAIMERS, AND EXCLUSIVE REMEDIES

You agree that You will use the Business Services at Your own risk and subject to the following disclaimers.

We do not undertake that:

• Business Services will be error-free or uninterrupted, or We will correct all service errors;
• Business Services will meet the Business’ requirements, specifications or expectations. We acknowledge that We do not control the transfer of data over communications facilities, including the internet, and that usage of the Business Services and transfer of data may be subject to limitations, delays, and other problems inherent in the use of such communications facilities;
• We are not responsible for any delays, delivery failures, or other damage resulting from such problems.

For any breach of the Business Terms by Us, Your exclusive remedy shall be the correction of the deficient services that caused the breach of the Business Terms by Us, or, if We cannot substantially correct the deficiency in a commercially reasonable manner, the Business may terminate the Business Terms on 14 (fourteen) Business Days’ written notice, and We shall have no further liability to the Business.

To the extent not prohibited by Law, any warranties provided under the Business Terms are exclusive, and all other warranties or conditions, whether express or implied, are expressly excluded, including for software, hardware, systems, networks, or environments or for merchantability, satisfactory quality, and fitness for a particular purpose.

INDEMNITY

In addition and not in derogation of the specific indemnities provided by You to Us under these Business Terms and/or policies of the Platform, You agree to indemnify, defend, and hold Us harmless along with Our affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users, and agents, etc. against any or all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against Us or such party, to the extent such losses are based on or arising out of or in connection with:

any breach or non-performance of any of the Business Terms and/ or other policies of the Platform with respect to the use and access of the Platform and/ or availing of Business Services;

truthfulness and correctness of the information provided by You at the time of registration and/ or at any time during availing of the Business Services; and/or

breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right) by You.

TERMINATION

You agree that We, at Our sole discretion and for any, including inter alia without limitation if you breach these Business Terms, may terminate your access to and use of the Business Service and/or Platform, at any time. You agree that any termination of your access to the Platform and/ or suspension/ termination of your Business Account may be effected without prior notice, and in this respect, We shall not be liable to you for any such termination. Your right to use the Platform immediately ceases upon termination of your access/use of the Platform and/or Services.

The provisions of these Business Terms shall continue to apply until terminated by either of the Party. In case You want to terminate these Business Terms, then You may do so by: (a) not accessing the Platform and/or Services; or (b) closing the Account.

We reserve the right to, at any time, and with or without notice, terminate these Business Terms against You, if there are:

• breach of any of the applicable Laws: or the provisions of these Business Terms, the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable from time to time (or have acted in a manner that clearly shows that You did not intend to, or is unable to, comply with the same);
• Platform is unable to verify or authenticate any information provided to the Platform by You;
• We believe, at our sole discretion, that Your actions may cause legal liability to Us, (or any of Our affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or that they are contrary to the interests of the Platform;
• We are required to do so by Law; or
• if You fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Us to provide the Services to You.

Effect of Termination: Upon any termination or expiration of the Business Terms:

You must immediately cease using the Business Services; and

at the disclosing party’s request, the receiving party will promptly return or delete any of the disclosing party’s Confidential Information in its possession.

LIMITATION OF LIABILITY

You shall access the Platform and avail Business Services provided on the Platform voluntarily and at Your own risk. We shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property of any of Your employee, User or any other person or entity) during the course of access to Business Services.

By accessing the Platform and/or availing the Business Services, You hereby release from and agree to indemnify Us and/ or any of Our directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Platform and availing of Business Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.

You shall be solely responsible for any consequences which may arise due to their access of the Platform and availing of the Business Services by conducting an illegal act or due to non-conformity with these Business Terms and other rules and regulations in relation to Business Services and/ or policies of the Platform, including provision of incorrect address or other personal details.

In consideration of Us allowing You to access the Business Services, to the maximum extent permitted by Law, You waive and release each and every right or claim, all actions, causes of actions (present or future) that You may have against Us, Our respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Business Services.

In no event shall We, or Our officers, directors, employees, or partners be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access of the Platform and availing of the Business Services.

You will be responsible for and release Us from any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Business Terms and further agrees to hold harmless and indemnify Us in this regard.

In no event shall Our total aggregate liability, to You or Your Users, for any or all loss profits, consequential, special, punitive, indirect or incidental damages, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from or in connection with these Business Terms or due to use of the Platform exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). We accept no liability for any errors or omissions on behalf of You. The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behavior, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof.

DISCLAIMER

YOU AGREE AND UNDERSTAND THAT THE PLATFORM IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME IN OUR DISCRETION.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

TO THE EXTENT PERMITTED UNDER LAW, NEITHER WE NOR OUR PARENT/HOLDING COMPANY, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, PROFESSIONAL ADVISORS, EMPLOYEES SHALL BE RESPONSIBLE FOR THE DELETION, THE FAILURE TO STORE, THE MIS-DELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION/CONTENT OR MATERIAL.

YOU AGREE THAT YOUR USE OF THE BUSINESS SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

TO THE EXTENT PERMITTED UNDER LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION/CONTENT OR MATERIAL AND THE QUALITY THEREOF.

WE DISCLAIM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR, AND IF YOU PAY FOR ACCESS TO THE BUSINESS SERVICES, THEN YOU WILL NOT BE ENTITLED TO A REFUND AS A RESULT OF, ANY INACCESSIBILITY TO THE PLATFORM OR UNAVAILABILITY OF THE SERVICES OR THAT IS CAUSED BY OUR MAINTENANCE ON THE SERVERS OR THE TECHNOLOGY THAT UNDERLIES OUR SITES, FAILURES OF COMPANY'S SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING, AND POWER PROVIDERS), DEFECT IN TELECOMMUNICATION NETWORK, INTERNET FAILURES, COMPUTER VIRUSES, NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF OUR FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.

ANY MATERIAL/CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE AT YOUR DISCRETION, COMPETENCE, ACCEPTANCE, AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOAD OF ANY SUCH MATERIAL/CONTENT.

THE PLATFORM SHALL MAKE BEST ENDEAVOURS TO ENSURE THAT THE BUSINESSS SERVICES ARE ERROR-FREE AND SECURE, HOWEVER, NEITHER WE NOR ANY OF OUR PARTNERS, LICENSORS OR ASSOCIATES MAKES ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THE BUSINESS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THE QUALITY OF THE SERVICES, INFORMATION/CONTENT, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.

YOU AGREE AND ACKNOWLEDGE THAT INFORMATION SHARED BY YOU SHALL BE THE PROPERTY OF THE USER AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY UNAUTHORIZED USE OR MISUSE OF SUCH CONTENT AND SHALL INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIM, DAMAGE, LOSS, EXPENSE BROUGHT AGAINST, ACCRUED AND/OR INCURRED BY US IN THIS REGARD.

TO THE EXTENT PERMITTED UNDER LAW, IN THE EVENT OF SUSPENSION OR CLOSURE OF ANY BUSINESS SERVICES, YOU SHALL NOT BE ENTITLED TO MAKE ANY DEMANDS, OR CLAIMS, OF ANY NATURE WHATSOEVER.

PLATFORM HAS EXERTED REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION PUBLISHED ON THE WEBSITE/APP IS ACCURATE AT THE TIME OF POSTING; HOWEVER, THERE MAY BE ERRORS IN SUCH INFORMATION FOR WHICH WE SHALL HAVE NO LIABILITY. WE RESERVE THE RIGHT TO REMOVE OR ALTER ANY OF THE INFORMATION CONTAINED ON THE PLATFORM AT OUR SOLE DISCRETION. THE PLATFORM CANNOT GUARANTEE THE ADEQUACY, CURRENCY, OR COMPLETENESS OF THE PLATFORM CONTENT.

YOU EXPRESSLY AGREE AND ACKNOWLEDGE TO HOLD HARMLESS US IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY THE COMPANY OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN YOU AND THIRD-PARTY ADVERTISERS/ THIRD PARTY SERVICE PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAY NO DETERMINATIVE ROLE IN THE PERFORMANCE WITH RESPECT TO THE SAME. THE COMPANY SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS, AND TRANSACTIONS BETWEEN YOU AND THE THIRD-PARTY ADVERTISERS/THIRD-PARTY SERVICE PROVIDERS.

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Business Terms shall be governed by the laws of India. Subject to Clause 19.2 below, the courts and tribunals of New Delhi have exclusive jurisdiction to settle any dispute arising out of or in connection with these Business Terms (including any disputes regarding the existence, validity or termination of these Business Terms).

If any dispute, controversy or claim arises under, out of, or in relation to these Business Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Business Terms, then such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within 45 (forty-five) Business Days of either party (You or We) sending a notice in this regard to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator who shall be appointed by Us and whose decision shall be final and binding upon all the concerned parties. The seat and venue of the arbitration proceedings shall be New Delhi, India.

OTHER TERMS

If for any reason, a court of competent jurisdiction finds any provision of these Business Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (Us and You collectively) as reflected by that provision. The remainder of the Business Terms shall continue in full force and effect.

No provision of these Business Terms shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Us. Any consent by Us to, or a waiver by Us of, any breach committed by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Except when expressly allowed, any use of Our content and any reproduction, republication, uploading, posting, public display, encoding, translation, transmission, or distribution thereof (including "mirroring") to any other computer, server, website or other medium, without Our express prior written consent is not allowed.

We shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting You. Examples of force majeure events are real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond Our control hindering, delaying or complicating the maintenance of the Platform entitles Us to suspend or limit the Platform until further notice.

The rights and obligations under the Business Terms which by their nature should survive will remain in full effect after the termination or expiration of the Terms.

No partnership, joint venture, or relationship of employee/employer or franchisor/franchisee arises between You and Us by reason of the Business Terms.

Any press release, publicity, or public announcement about the parties’ relationship will require the prior written approval of both parties.

Neither party may assign the Business Terms or its rights or obligations under the Business Terms without the prior written consent of the other party. However, You do agree that We have the right to assign them without Your consent to Our subsidiaries or in case of a merger, reorganization, acquisition, or other transfer of all or substantially all of Our assets or voting securities. Subject to the foregoing, the Business Terms will bind and inure to the benefit of each party’s permitted successors and assigns.

Notices:

You may approach Saurabh Saraf, Grievance Officer, at info@offsetfarm.io to address any queries, concerns, discrepancies, or grievances with respect to Your information or this Business Terms.

At our discretion, We may even choose to serve any notice or communication to You by mail. In the case of notices sent by mail, You will be deemed to have been served 5 (five) Business Days after dispatch of the same.