Introduction

We NKLINE TECHNOLOGY SERVICES PRIVATE LIMITED a Private Limited company duly incorporated under the Companies Act 2013, have the registered address at “13/2958-33 Admanathasamy Nagar North, Pattinamkathan, Ramanathapuram, Tamil Nadu, India, 623503” (hereinafter referred to as “Company”) and are operating business under the brand name “NDTDesk” (hereinafter referred to as “Brand Name”). This Terms of Service (hereinafter referred to as “Terms of Service”) is our commitment towards your trust and we intend to facilitate Services (defined later) through our Website. This Terms of Service lays down all the terms and conditions surrounding the usage of our Website by you and the Company. The act of using, registering, or perusing our Website establishes a contractual agreement between the User and our organization, as outlined in our Terms of Service and other pertinent policies associated with our Website. This agreement serves all contractual, legal, and compliance purposes. The present Terms of Service hold legal validity and are regarded as an electronic record under the Information Technology Act, 2000 and its relevant regulations, as well as the revised provisions concerning electronic records in several statutes, as amended by the Information Technology Act, 2000. The computer system generates this electronic record, obviating the need for any physical or digital signatures.

1. Definition and Interpretation

1.1. Definition

1.1.1. Applicable Laws- pertains to all the legal provisions, regulations, statutes, ordinances, by-laws, and any subsequent amendments that are enforceable within the geographical boundaries of India.

1.1.2. Content- pertains to all the textual material, advertisements, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.

1.1.3. Third Parties- pertains to all legal entities, whether individual or corporate, that are associated with the Website, with the exception of the Users and the Website's creator.

1.1.4. Services- pertains to all the provisions offered to the User through the Website.

1.1.5. User- refers to individuals who choose to utilize NDT Personnel certification management services offered through NDTDesk.

1.2. Interpretation

1.2.1. Company – For the purposes of this Terms of Service, wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Company and its owned Website.

1.2.2. Platform – For the purposes of this Terms of Service, the Website shall be together referred to as the Platform, unless specified otherwise in this Terms of Service.

1.2.3. User- For the purposes of this Terms of Service, wherever the context so requires, “You”, “Your”, “Yourself” and “User”, shall mean and refer to natural and legal individuals who shall be users of this Website provided by Us and who is competent to enter into binding contracts, as per law.

1.2.4. The headings of each section in these Terms of Service are only for the purpose of organizing the various provisions under these Terms of Service in an orderly manner and shall not be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall not have legal or contractual value on your usage of the Website.

1.2.5. The Parties shall refer and mean the company and User together, for the purpose of interpretation of terms of this Terms of Service.

1.2.6. The use of this Website is solely governed by these Terms of Service, Privacy Policy, and any other relevant policies as updated on the Website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a User continue to access and use this Website, you are agreeing to comply with and be bound by the following Terms of Service, Privacy Policy, and any other applicable policies, thereof.

1.2.7. You expressly agree and acknowledge that these Terms of Service and Privacy Policy, and any other applicable policies, are co-terminus in nature and that the expiry/termination of either one will lead to the termination of the other.

1.2.8. You unequivocally agree that these Terms of Service, Privacy Policy, and any other applicable policies, constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Service and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Service and the Privacy Policy binding on you and that your act of visiting/browsing any part of the Website constitutes your full and final acceptance of these Terms of Service, Privacy Policy, and any other applicable policies.

1.2.9. We reserve the sole and exclusive right to amend or modify these Terms of Service without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Website at once. Your continued use of the Website will signify your acceptance of the changed Terms of Service.

2. Platform Overview

The Website intends to facilitate the administration of employer-based non-destructive testing (NDT) certifications. The application provides computerized assessments for non-destructive testing (NDT) theoretical examinations and facilitates the management of practical and visual documentation. It facilitates employers in verifying the NDT certification status of their workforce, by presenting any outstanding examination prerequisites on the dashboard. The process of undergoing an audit for a certification program may present a significant challenge, however, using our platform can facilitate the navigation of this process. Our platform provides a clear and open system for effectively managing certifications. The interface is designed to be minimalistic in order to facilitate the monitoring of overdue certificates and prompt the necessary actions to ensure that records remain up-to-date.

3. Services on the Platform

The Company has created this Website to enable Users to digitally manage the entire process of personnel qualification and allows for the consolidation of General, Specific, Vision, and Practical records into a single interface with user-friendly features. The utilisation of computer-based testing (CBT) has been implemented for Non-Destructive Testing (NDT) general and specific examinations. There has been an implementation of online examination procedures and automation of the recurring process. The dashboard provides a comprehensive overview of the certification status in a clear and concise manner. The comprehensive range of certifications can be monitored and managed through a single console. The availability of pre-formulated queries for administering computer-based tests (CBTs) for both general and specific assessments maximises the efficient use of personnel during project implementation by designating NDTDesk to oversee the questionnaire administration. Cloud storage enables the storage, retrieval, and administration of employee qualifications from any internet-connected device.

4. Compliance

This Terms of Service is made in accordance with the provisions of the Information and Technology Act, 2000 and the rules therein along with the amendment from time to time. This Terms of Service is published on the Platform in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Service and practices for access and usage of any functional Website.

5. Registration

Registration on the Platform is mandatory for Users of the platform. The Users can register by providing the following information:
5.1 Username
5.2 Company Name
5.3 Password
5.4 Billing Address
5.5 Email ID

6. Operations/Examination Procedure

6.1. The Company retains the prerogative to alter, suspend, or discontinue the Application or any of its components, including features and functionalities, without prior notification, at any given time.

6.2. In the circumstance of any alteration, cessation, or conclusion, the aforementioned Termination Clause shall persist in its applicability.

6.3. In order to conduct the computer-based test (CBT), it is necessary for the examination questions to receive approval from the User NDT Level III. The CBT exams administered to employees of User will exclusively employ questions that have been approved by User Level III NDT personnel.

6.4. It is imperative that the NDT Level III representative of the customer company approves the requisite number of questions for NDT examinations, specifically 40 questions for the General exam and 20 questions for the Specification exam.

6.5. The examination queries are selected in a stochastic manner by the system from the authorized queries by User Level III.

6.6. The customer is responsible for organizing the reference materials for the exam questions, which may be provided in either electronic or physical formats. During the specific exams, candidates are permitted to consult the relevant material while formulating their responses. Our platform does not furnish reference materials that are tailored to the particular examination.

6.7. Our application allows customers of User NDT Level III to incorporate personalized inquiries into its database. The user concurs with NDTDesk's proposition that customised queries have the potential to be incorporated into the computer-based testing assessments of fellow NDTDesk clients.

6.8. The responsibility of overseeing the candidates who are taking the exams will lie with the customer. The NDTDesk platform does not undertake the responsibility of monitoring candidates for any instances of malpractice during their examination.

6.9. It is the responsibility of the customer to independently oversee their infrastructure for the purpose of administering examinations to their employees.

6.10. It is imperative that the customer verifies the availability of adequate resources, including but not limited to power supply, computer equipment, and internet connectivity, to ensure an uninterrupted examination experience until submission. If an interruption occurs during the exam period, the candidate will forfeit their progress and will be required to commence the exam anew.

6.11. During the examination, it is prohibited for candidates to refresh, go back, or close the tab. In the event of any of these occurrences, the examination will be forfeited and must be recommenced anew. Prior to commencing the examination, the candidate will be presented with an instructional page containing the aforementioned information. However, it is the responsibility of the User to ensure that the candidate is duly informed of the aforementioned guidelines prior to undertaking the examination.

6.12. The NDTDesk software and associated assessments are conducted exclusively in the English language.

7. Subscription

7.1. Users are required to register on the homepage in order to access the application. Users are subject to an annual subscription fee, which includes a 15-day trial period at the commencement of the subscription term. The users will be granted access to the application as long as their subscription remains active and payment is made.

7.2. During the trial period subscription, users are required to provide payment information, and charges will be incurred upon the conclusion of the trial period.

7.3. It is possible to cancel the subscription at any point during the trial period.

7.4. A refund is not available in the event of cancellation of an active subscription. Upon the user's request for cancellation, the account will be terminated at the conclusion of the subscription period, resulting in the user being denied access to the account thereafter.

7.5. The pricing structure caters to both international customers, with rates denominated in United States Dollars (USD), and Indian customers, with rates denominated in Indian Rupees (INR) (GST applicable for Indian Users).

7.6. The plan can be upgraded or downgraded as per the user's requirement.

7.7. The upgraded plan fees will be proportionally distributed based on the duration of usage.

8. Eligibility

8.1. You represent and warrant that you are competent and eligible to enter into legally binding agreements and of competent age and that you have the requisite authority to bind yourself/themselves to these Terms of Service as per the Applicable Law. However, if you are a minor using this Website, you may do so with the consent of your legal guardian. All Acts of the minor shall be deemed to be considered as acts undertaken under the supervision of their legal guardian.

8.2. You further represent that you will comply with these Terms of Service and all applicable local, state, national, and international laws, rules, and regulations.

8.3. You shall not use the Website if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rules, or regulations, currently in force.

9. Payment Gateway

“Stripe” has been used as a third-party payment gateway attached to this platform. The Users shall be provided with payment-related information through the Platform. No payment-related information like, and not limited to, Credit Card numbers, Debit Card numbers, UPI IDs, or Bank Account Details are stored or managed by the Platform and We do not hold any liability towards any liability arising herein.

10. Content

10.1. All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a Third-Party) without prior written consent from the Company and the copyright owner.

10.2. You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Platform and whilst feedback and comments by You can be made via the Website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Platform. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.

10.3. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. You shall not copy, adapt, or modify any Content without written permission from the Firm.

11. Indemnity

The User consents to indemnify while preserving Us, along with our directors, officers, employees, and agents (collectively referred to as "Parties"), from any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) that may be asserted against or incurred by Us due to a breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by the User according to these Terms of Service. Moreover, you consent to indemnify the Firm from any allegations brought forth by any external party as a result of, or in relation to, the following:

11.1. The manner in which you utilize the Website;

11.2. Your breach of the provisions outlined in these Terms of Service;

11.3. Your infringement upon the rights of other Parties, Users, and/or Third-Party entities;

11.4. Your purported inappropriate behavior in accordance with these Terms of Service; and

11.5. Your actions in relation to the Website.

The User consents to provide complete cooperation in the process of indemnifying the Company, bearing the expenses themselves. It is also expected that you will refrain from reaching a settlement with any other party involved in the matter without obtaining prior consent from the Company.

The Company shall not be held responsible for compensating the User or any third party for any damages, including but not limited to loss of profits, data, or use, that may result from the use of the website's services or materials. This includes damages that may be considered special, incidental, indirect, consequential, or punitive, regardless of whether they were foreseeable or whether the User had been advised of the possibility of such damages. The company cannot be held liable based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising from the user's use of or access to the website's services or materials.

12. Limitation of Liability

We shall not be deemed responsible for any possible damages, whether direct or indirect, that may arise from the use of its services. Such damages may include any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, data, or other intangible losses, resulting from:

12.1. the ability or inability to use the website or services;

12.2. unauthorised access or alteration of user data;

12.3. the conduct or content of third parties on the website;

12.4. errors or omissions in the website's content;

12.5. interruptions or cessation of transmission to or from the website

12.6. transmission of harmful code such as bugs, viruses, Trojan horses, or other malware.

The limitation of liability is a legal provision that restricts the amount of damages that a party can be held liable for in the event of a breach of contract or other legal claims.

The NKLINE TECHNOLOGY SERVICES PRIVATE LIMITED, along with its officers, directors, employees, agents, or affiliates, cannot be held accountable for any damages, liabilities, costs, or losses that may arise from your utilisation of the NDTDesk website or services. This liability exemption applies regardless of whether the damages are based on warranty, contract, tort, or any other legal theory, and even if you were informed of the potential for such damages.

13. Termination

13.1. Termination by User: You have the right to terminate your access to the Application at any time by providing written notice to the Company. Upon receiving your termination notice, the Company will cancel your account at the end of the current subscription period. Please note that no refunds will be provided for any unused portion of the subscription fees.

13.2. Termination by the Company: The Company reserves the right to terminate or suspend your access to the Application, in whole or in part, without prior notice, for any reason including, but not limited to, violation of these terms and conditions or any applicable laws or regulations. In the event of termination by the Company, you will no longer have access to your account and any data associated with it.

13.3. Effect of Termination: Upon termination of your access to the Application, you agree to cease all use of the Application and any related services. The Company shall have no obligation to retain any of your data stored in the Application and may delete such data upon termination. You are solely responsible for downloading and preserving any data from your account prior to termination.

13.4. Reinstatement of Account: If your access to the Application has been terminated by either party, you may request reinstatement of your account by contacting the Company. The Company reserves the right to accept or reject such reinstatement request in its sole discretion.

The Company reserves the right to modify, suspend, or terminate the Application or any part thereof, including any features or functionalities, at any time without prior notice. In the event of such modification, suspension, or termination, this Termination Clause shall continue to apply.

14. Communication

By using this Website and providing your identity and contact information to the Company through the Website, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time. You can report to “support@ndtdesk.app” if you find any discrepancy with regard to Website or Content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation. You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by us relating to any services availed by you on the Website or anything pursuant thereto and you agree to indemnify us from any harassment claims. It is expressly agreed to by us that any information shared by us shall be governed by the Privacy Policy.

15. User obligations and formal undertakings to conduct

You agree and acknowledge that you are a restricted user of this Platform and you:

15.1. agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information;

15.2. agree to ensure the Company Name, Email address, Phone Number, and any such other information that may be provided is valid at all times and shall keep your information accurate and up-to-date;

15.3. agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason;

15.4. understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the services through the Website;

15.5. authorize the Platform to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of service, marketing and promotional purposes, and for optimisation of User-related options and service;

15.6. understand and agree that, to the fullest extent permissible by law, the Platform or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this Terms of Service, including, but not limited to compensatory, consequential, incidental, indirect, special or punitive damages;

15.7. are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission;

15.8. agree not to access (or attempt to access) the Platform and/or the materials or Service by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive Content on the Platform.

You further undertake not to:

15.9. engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);

15.10. impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

15.11. 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. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;

15.12. disrupt or interfere with the security of, or otherwise cause harm to the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platform;

15.13. use the Platform or any material or Content therein for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other Third-Party(ies);

15.14. violate any code of conduct or guideline which may apply for or to any particular Service offered through the Platform;

15.15. violate any applicable laws, rules, or regulations currently in force within or outside India;

15.16. violate any portion of these Terms of Service or the Privacy Policy, including but not limited to any applicable additional terms and conditions of the Platform contained herein or elsewhere, whether made by amendment, modification or otherwise;

15.17. commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Platform;

15.18. you hereby expressly authorize the Company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, Applicable Law, regulation or valid governmental request;

15.19. by indicating your acceptance to use any Service offered through the Platform, you can enter into monetary transactions with the Experts on a voluntary basis;

15.20. you agree to use the Services provided by the Company, our affiliates, consultants and contracted companies, for lawful purposes only;

15.21. you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the order and debar you from using the Platform without prior intimation whatsoever;

15.22. you agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or Products. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

15.22.1. belongs to another person and to which you have no right to;

15.22.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

15.22.3. is in any way harmful to minors;

15.22.4. infringes any patent, trademark, copyright or other proprietary rights;

15.22.5. violates any Applicable Law for the time being in force;

15.22.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

15.22.7. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

15.22.8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

15.22.9. publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and

15.22.10. threatens the unity, integrity, defense, 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.

16. Suspension of User access and activity

Notwithstanding other legal remedies that may be available, we may in our sole discretion, your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refusing to the usage of the Platform, without being required to provide you with notice or cause:

16.1. if you are in breach of any of these Terms of Service, Privacy Policy, or any other applicable policies;

16.2. if you have provided wrong, inaccurate, incomplete or incorrect information; and

16.3. if your actions may cause any harm, damage or loss to the other Users or the Firm, at our sole discretion.

17. Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms of Service that shall be available on the Platform. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Platform or such other Third-Party and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

You shall not use any of the Intellectual Property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.

You are aware all Intellectual Property, including but not limited to copyrights, relating to said Products and Services resides with the owners, and that at no point does any such Intellectual Property stand transferred from the creators. You are aware that we merely provide the Platform through which you can communicate with Freelancers and the Platform does not own any of the Intellectual Property relating to the independent Content displayed on the Platform, apart from created graphics and specified Content.

You are further aware that any reproduction or infringement of the Intellectual Property of the owners by you will result in legal action being initiated against you by the respective owners of the Intellectual Property so reproduced/infringed upon. It is agreed to by you that the Contents of this section shall survive even after the termination or expiry of these Terms of Service and/or Privacy Policy.

18. Disclaimer of Warranties and Liabilities

18.1. You further agree and undertake that you are accessing the Platform at your sole risk and that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.

18.2. You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.

18.3. We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Platform.

18.4. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of Service and/or Privacy Policy.

19. Force Majeure

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

20. Dispute Resolution and Jurisdiction

In the event of any dispute arising out of or in connection with this Terms of Service, including any dispute relating to the validity of this Terms of Service, the Parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.

In the event the Parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the Parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Tamil Nadu, India.

You expressly agree that the Terms of Service, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

21. Miscellaneous Provisions

21.1. Entire Agreement: These Terms of Service, read with the Privacy Policy and Disclaimer form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.

21.2. Waiver: The failure at any time to require the performance of any provision of these Terms of Service shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Service.

21.3. Severability: If any provision/clause of these Terms of Service is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Service shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Service shall be valid and enforceable to the fullest extent permitted by Applicable Law. In such case, these Terms of Service shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

21.4. Contact Us: If you have any questions about these Terms of Service, the practices of the Website, or your experience, you can contact us by emailing us at contact@ndtdesk.app or by writing to us at: 13/2958-33, Admanathasamy Nagar North, Pattinamkathan, Ramanathapuram, Tamil Nadu, India, 623503.