TERMS AND CONDITIONS OF SERVICE

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TOS ”) BEFORE USING KOMRISK .

 

A.         DEFINITIONS

 

Capitalized terms appearing in this TOS shall have the meaning as stated below:

 

“Client ”or “You ”, including its grammatical variations, means and includes any person such as a natural person, company, organization or legal entity, using the Services as defined below.

 

“Client Data ”means and includes the details provided by You at the time of creation of Komrisk user account and any proof of compliance such as scanned copies of forms, internal memos, statutory documents, reports, filings, applications, notices, etc. submitted by You through Komrisk (defined below).

 

“Compliance Data ”means specific regulatory compliance requirements identified as applicable to the Client by Lexplosion, the applicability being decided on the basis of business specific information shared by the Client and subsequent discussions between the Client and Lexplosion.

 

“Komrisk ”means the web-based proprietary legal governance, risk and compliance management solution of Lexplosion.

 

“Lexplosion ”means Lexplosion Solutions Private Limited, a company registered under the Companies Act, 1956 and having its registered office at D 20, Hauz Khas, New Delhi - 110016 India and currently having its corporate office at   Office No. 12ES14, 12th Floor, Mani Casadona, Plot No. IIF/04, Action Area, Newtown, Rajarhat, Kolkata –700135 , India and includes its authorized employees, and affiliates.

 

“Personal Data ”means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. 

 

“Services ”shall mean identifying the laws applicable to the Client ’s business operations, creating Compliance Data in Komrisk, configuring Komrisk for use by authorized Client personnel to manage all compliance requirements faced by the organization, and updating Compliance Data post deployment due to changes arising in the Client ’s business or operating model.

 

“Third Party Vendors ”shall mean and include any third party vendor and/or hosting partner of Lexplosion engaged in developing, managing, maintaining and hosting Komrisk.

 

B.         GENERAL TERMS

 

1.           USER CONSENT TO THE TOS AND USE OF PORTAL

 

You represent, warrant, and covenant that You shall abide by all the terms and conditions contained in this TOS in connection with the use of Komrisk and the Services. You agree that Your acceptance of this TOS is an acceptance on behalf of Yourself, the organization You are a part of, Your employees, vendors, and any other party who is authorized by You to use Komrisk in the regular course of Your work, to the extent permitted by this TOS and that You shall take all necessary steps to ensure that such users abide by the terms and conditions contained herein.     

 

2.           USER CONSENT FOR HOSTING OF DATA

 

Lexplosion needs Your permission for hosting of Client Data, backing it up, and sharing it when You ask Lexplosion to. To provide these and other features, Komrisk accesses, stores, and scans Client Data. By agreeing to these TOS, You give Lexplosion permission to host, share and back-up Client Data, and this permission extends to Lexplosion affiliates and Third Party Vendors.

 

3.       INTELLECTUAL PROPERTY

 

a)          Komrisk, including but not limited to, its information, data, materials, software, functionality, and content excluding Client Data, are proprietary to Lexplosion and are protected by copyright laws, intellectual property laws and other laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright restrictions displayed in connection with Komrisk.

 

b)        Komrisk and Compliance Data has been developed, compiled, prepared, revised, selected, and arranged by or on behalf of Lexplosion through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Lexplosion, and You acknowledge and agree that You have no ownership rights in Komrisk and that no such rights are granted under the TOS. You agree to protect the proprietary rights of Lexplosion during and after Your use of Komrisk. You shall honor and comply with all written requests made by Lexplosion to protect the contractual, statutory, and common law rights Komrisk, Compliance Data and in the Services with the same degree of care used to protect your own proprietary rights, which in no event shall be less than reasonable efforts. You agree to notify Lexplosion in writing promptly upon becoming aware of any claim that Komrisk or Compliance Data infringes any patent, copyright, trademark, or other contractual, statutory, or common law rights. Lexplosion shall retain all rights to all data, except Client Data, comprising or included in the Komrisk, Compliance Data and / or Services. The use of Komrisk or Compliance Data or Services does not affect the ownership of any data or materials, whether tangible or intangible, belonging to third parties.

 

c)          You shall not use any of Lexplosion ’s trademarks, trade names, or service marks (including without limitation “Komrisk ”) in any manner that creates the impression that such names and marks belong to or are identified with You or that You are associated with or licensed by Lexplosion or its affiliates to use such names or marks, and You acknowledge that You have no ownership rights in or to any of these names or marks.

 

d)        The Lexplosion and Komrisk logo and trademark is owned by Lexplosion. All contents of Komrisk and the Compliance Data are copyrighted.

 

e)          You shall not remove the copyright notice, Lexplosion branding, and any terms of license from any Compliance Data.

 

f)   The TOS does not give Lexplosion any right to Client Data except for the limited rights that enables Lexplosion to offer the Services. 

 

g)   In the event of any Client Data alleged to be a copyright infringement or in violation of intellectual property laws, Lexplosion reserves the right to delete or disable such Client Data alleged to be infringing and may terminate accounts of repeat infringers.

 

4.           LICENSE

 

a)           Permitted Uses :    Lexplosion grants You a non-exclusive, non-transferable, and limited license to access and use Komrisk for accessing and using the Compliance Data in the regular course of Your work only as expressly permitted in this TOS. The Compliance Data is solely and exclusively for Your use (except as otherwise expressly permitted herein) in the regular course of Your work and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of this TOS.   Except as otherwise prohibited    by Lexplosion from time to time, You may print portions of Compliance Data, use it within Your organization for purposes consistent with the terms and conditions of this TOS; and (ii) quote and excerpt from such data   in memoranda, briefs, and similar work product created by You in for Your internal compliance management purposes.

 

b)         Restrictions :    Except as expressly permitted in the TOS, You shall not (i)   re-circulate, distribute, scrape, store, transmit, publish, broadcast, copy, download, or otherwise use the Compliance Data or any portion thereof in any form or by any means except with the prior written consent of Lexplosion; or (ii) share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from Komrisk; or (iii) use the marks, names, or logos of Lexplosion including without limitation Komrisk without express written permission from Lexplosion.   Any violation of this provision may, in Lexplosion ’s discretion, result in termination of Your use of and access to Komrisk, effective immediately.   Except as expressly permitted in the TOS, You shall not sell, license, or distribute Compliance Data to third parties or use Compliance Data as a component of or as a basis for any material offered for sale, license, or distribution.   Notwithstanding anything to the contrary in the TOS, You shall not use and shall not authorize any third party to use Komrisk, or Compliance Data in any manner (including, without limitation, with respect to quantity, frequency of access, or distribution or scope of distribution, as applicable) that could, in Lexplosion ’s judgment, either cause Komrisk, Services or Compliance Data so used to: (i) be a source of or substitute for Komrisk, Services or Compliance Data; (ii) affect Lexplosion ’s ability to realize revenue in connection with Komrisk or Services; (iii) compete with the business of Lexplosion; or (iv) negatively affect Lexplosion ’s network or servers, including without limitation the speed of delivery of Compliance Data. Notwithstanding anything to the contrary in this TOS, Lexplosion reserves the right, in its sole discretion, to temporarily or permanently block access to Komrisk, at any time without notice and effective immediately due to the contravention or attempted contravention of this sub-clause. Unauthorized access or use of Komrisk or Compliance Data or Client Data is unlawful and Lexplosion shall have all rights provided by law to prevent such access or use and to recover damages in such event.

 

c)           Additional Restrictions :    Except as expressly permitted in the TOS, You shall not: (i) use Komrisk in any manner that could harm, take over, disable, overburden, or otherwise impair any of Lexplosion ’s computer systems; (ii) access, monitor or copy any content or information on Komrisk, including but not limited to user information, or Komrisk architecture, using any robot, spider, scraper, web crawler, or other automated means or any similar manual process or any software; (iii) bypass or circumvent other measures employed to prevent or limit access to Komrisk or Compliance Data; (iv) attempt to gain unauthorized access to any services, servers, or networks used by Komrisk through any means; (v) attempt to gain access to the Compliance Data or Client Data through any means not intentionally made available by Lexplosion; (vi) use Komrisk, or the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Lexplosion or Komrisk in unsolicited mailings or spam material   (vii) probe, scan, or test the vulnerability of any system or network; (viii) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services; (ix) create new Komrisk workspaces for the Services by any means other than our publicly supported interfaces (for example, "scraping "or creating accounts in bulk); (x) send unsolicited communications, or spam; (xi) send altered, deceptive or false source-identifying information, including "spoofing "or "phishing "; (xii) publish, share, or store materials on Komrisk that constitute child sexually exploitative material (including material which may not be illegal child sexual abuse material but which nonetheless sexually exploits or promotes the sexual exploitation of minors), unlawful pornography, or are otherwise indecent; (xiii) publish, share, or store content on Komrisk that contains or promotes extreme acts of violence or terrorist activity, including terror or violent extremist propaganda; (xiv) harass or abuse Lexplosion personnel or representatives or agents performing Services on behalf of Lexplosion; (xv) violate the law in any way, including storing, publishing or sharing material that ’s fraudulent, defamatory, or misleading, or that violates the intellectual property rights of others; or (xvi) violate the privacy or infringe the rights of others, including publishing, sharing, or storing other people ’s confidential or identifying information without authorization for the purposes of harassing, exposing, harming, or exploiting them.

 

d)   Processing of Personal Data:   Lexplosion may process or arrange for processing of Personal Data for the purposes of delivering the Services. For such purposes Lexplosion shall have the authority to do so in accordance with this clause. While processing Personal Data, Lexplosion shall take appropriate technical and organisational measures designed to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data. In particular, Lexplosion shall process personal data only for the purpose of providing the Services and Lexplosion shall act on Your instructions only (given for such purposes) save as required by law or the order of competent court or tribunal. Lexplosion may also process or arrange for processing of Personal Data in order to support the maintenance of quality and standards in Lexplosion 's work or to facilitate the administration of our business or to support our infrastructure. Lexplosion shall answer Your reasonable enquiries to enable You to monitor its compliance with this clause. In making Personal Data available to Lexplosion, You confirm that You have complied with applicable laws. Lexplosion shall not sub-contract the processing of Personal Data (unless to parties who are required to take equivalent measures when processing personal data) without Your prior written consent. Information about contacts Lexplosion has at Your organisation may be used by Lexplosion to provide our Services to You, and to occasionally provide marketing communications, which Lexplosion believes may be of interest. Any person who does not wish to receive this information can at any time request that such communications cease by writing to Lexplosion at the   email ID specified in Section 16 of the TOS.  

 

e)   Open Source Software:  In the event that Komrisk or the Services incorporate or are provided with any open source software or third-party software which is subject to any open source license or other third-party license, such open source software or third-party software shall be subject to the terms of the applicable license(s), and You shall comply with such terms. To the extent of any conflict between these TOS and any such license, the terms of the license shall prevail with respect to such open source software or third-party software, including any rights to access or use the source code, if applicable. 

 

5.           REGISTRATION, ACCESS, AND SECURITY

 

a)           Registration and User ID :    You shall gain access to Komrisk and Compliance Data through a unique username and password (Your unique username and password, the “ User ID ”), which shall be used by You only for so long as You are authorized in accordance with this TOS.   YOU AGREE TO TREAT THE USER ID AS CONFIDENTIAL AND NOT TO DISCLOSE SUCH USER ID, EITHER DIRECTLY OR INDIRECTLY, TO ANY OTHER PERSON . You are fully responsible for all usage and activity on Komrisk through You, including, but not limited to, any use of the User ID.

 

b)         Security :    You agree to promptly notify Lexplosion at Komrisk@lexplosion.in   of any known or suspected unauthorized use of Komrisk, including but not limited to the User ID, or any known or suspected breach of security, including but not limited to, loss, theft, or unauthorized disclosure of a User ID.   You agree to properly exit Komrisk at the end of each session.   Lexplosion shall not be liable to You or any third person or entity for any loss or damage arising from Your failure to comply with these requirements.

 

6.   BETA SERVICES  

 

Lexplosion may release products and features that Lexplosion is in the process of testing and evaluating (“Beta Services ”). Beta Services may be labelled “alpha,”“beta,”“preview,”“early access,”or “evaluation ”(or with words or phrases with similar meanings) and may not be as reliable as Lexplosion ’s other services. Beta Services may be made available so that Lexplosion can collect user feedback, and by using Lexplosion 's Beta Services, You agree that Lexplosion may contact You to collect such feedback. 

 

Beta Services are confidential until official launch. If You use any Beta Services, You agree not to disclose any information about those Services to anyone else without Lexplosion 's permission.

 

7.   ADDITIONAL FEATURES  

 

From time to time, Lexplosion will add additional features to enhance the user experience of Komrisk at no additional charge. However, these free features may be withdrawn without further notice.

 

8.           DISCLAIMER AND LIMITATION OF LIABILITY

 

a)           Warranties :    Each time You use Komrisk, You shall be deemed to represent, warrant, and covenant to Lexplosion that: (i) You have all required regulatory and legal authority to enter into and be bound by the TOS; and (ii) Your use of Komrisk complies with all applicable laws, rules, and regulations.

 

b)         Basis of the Compliance Data and the Services:   The Compliance Data provided to You are customized to suit Your business operations and related activities. Lexplosion provides You with the Compliance Data and the Services based on the business specific information shared by the Client, the instructions given by the Client to Lexplosion, discussions between Lexplosion and the Client in respect of such information and the laws of India. You shall use the information contained in the Compliance Data and the Services in conjunction with proper advice as to its application and adaptation for your particular requirements, if required.

 

c)       Third-Party Vendor Features :  Komrisk may give You the option to link to third-party features and integrations. Lexplosion does not own or operate any such features or integrations. If You access or use any Third-Party Vendor features or integrations, You are responsible for this access and use, and Lexplosion is not responsible for any act or omission of the Third Party Vendor or the availability, accuracy, the related content, products or services of Third Parties Vendors. 

 

d)           Liability :     LEXPLOSION MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESULTS TO BE ATTAINED BY YOU OR OTHERS FROM THE USE OF THE COMPLIANCE DATA OR SERVICES    AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT.   YOUR USE OF THE COMPLIANCE DATA OR SERVICES IS AT YOUR SOLE RISK.   Notwithstanding anything to the contrary set forth herein, to the maximum extent permitted by law, Lexplosion shall not, directly or indirectly, be liable, in any way, to You or any other person for any inaccuracies, delays, errors, or interruptions in the use of Komrisk, Compliance Data or Services, or any loss or damage arising there from or occasioned thereby, or by reason of any non-performance, which is not attributable to Lexplosion or Third Party Vendors. Notwithstanding anything to the contrary in this TOS or the Order Form (as defined below), to the extent permitted by law, the aggregate liability of Lexplosion arising in connection with this TOS for damages, regardless of the form of the action, shall not exceed the monthly user license fee charged from You for Your user. No action, regardless of form, arising out of or pertaining to the Compliance Data, Komrisk or Services may be brought by You upon expiry of three months after the cause of action has accrued.  Further, Lexplosion shall not be liable for ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT LEXPLOSION OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES .

 

e)         No Legal or other Advice :   NEITHER THE COMPLIANCE DATA NOR THE SERVICES OR ANY PORTION THEREOF CONSTITUTE A SOLICITATION, OFFER, OPINION, OR RECOMMENDATION BY LEXPLOSION OR ANY SUPPLIER OF DATA   FOR ANY TRANSACTION IN ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR TO PROVIDE LEGAL OR FINANCIAL ADVICE OR SERVICES AND NEITHER LEXPLOSION NOR ANY SUPPLIER OF DATA IS ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL OPINION. IF LEGAL OPINION OR OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF AN APPROPRIATE COMPETENT PROFESSIONAL SHOULD BE SOUGHT. YOU ASSUME ALL RESPONSIBILITY AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE COMPLIANCE DATA AND SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE COMPLIANCE DATA OR SERVICES. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED WITH LEXPLOSION, ITS AFFILIATES, OR ANY SUPPLIER OF DATA THROUGH USE OF THE SERVICES.

 

f)           Limitations of the Compliance Data and the Services:   THE COMPLIANCE DATA OR SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS ”AND “AS AVAILABLE ”. LEXPLOSION USES REASONABLE EFFORTS TO ENSURE THAT THE CONTENTS OF THE COMPLIANCE DATA INCLUDING THE FORMS TO BE FILED WITH ANY STATUTORY AUTHORITY UNDER ANY LAW ARE ACCURATE AND UP TO DATE. THE CONTENTS ARE CREATED FROM RELIABLE RESOURCES AVAILABLE IN THE PUBLIC DOMAIN AND THROUGH FILING OF APPLICATIONS UNDER THE RIGHT TO INFORMATION ACT, 2005 WHERE NO INFORMATION IS AVAILABLE ON THE PUBLIC DOMAIN. LEXPLOSION HEREBY EXPRESSLY DISOWNS ANY AND ALL ERRORS IN THE COMPLIANCE DATA AND SERVICES ARISING OUT OF ERRORS IN SUCH RESOURCES OR INFORMATION RECEIVED FROM STATUTORY AUTHORITIES IN RESPONSE TO APPLICATIONS FILED UNDER THE RIGHT TO INFORMATION ACT, 2005. THE FORMS AVAILABLE THROUGH KOMRISK ARE SAMPLES FOR REFERENCE PURPOSES ONLY AND SHOULD NOT BE USED FOR FILING WITH THE STATUTORY AUTHORITIES. THE USER NEEDS TO OBTAIN THE FORM FROM THE APPROPRIATE AUTHORITIES AS MENTIONED IN THE COMPLIANCE DATA.   IT SHOULD BE NOTED THAT SECRETARIAL STANDARD REFERENCES ARE USUALLY NOT PROVIDED AS A PART OF COMPLIANCE DATA. WHEREVER FOUND NECESSARY, IT IS PROVIDED AS A NOTE OR RECOMMENDATION TO ANY COMPLIANCE DATA TO WHICH IT RELATES TO. LEXPLOSION DOES NOT CONSIDER: 1. NOTIFICATIONS ISSUED BY THE CENTRAL/STATE GOVERNMENT WHICH HAVE THE EFFECT OF EXEMPTING ANY INDUSTRY FROM THE PURVIEW OF A STAUTE AND 2. ORDERS/NOTIFICATIONS ISSUED BY AUTHORITES APPOINTED UNDER A STATUTE FOR THE ENFORCEMENT OF THE PROVISIONS OF THE STATUTE.   YOU SHOULD BE AWARE THAT DUE TO THE CONTINUING CHANGING NATURE OF THE LEGAL SYSTEMS AS WELL AS STATUTE AND COMMON LAW, THE INFORMATION CONTAINED IN THE COMPLIANCE DATA AND THE SERVICES WILL, WITH THE PASSAGE OF TIME, BECOME OUTDATED.

 

g)           Force Majeure :   Lexplosion shall be not be held liable for any default resulting from any circumstances beyond the reasonable control of Lexplosion, including any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or any technical or other problems affecting any operation of the Services (" Force Majeure "). Lexplosion shall have the right to terminate this Agreement immediately upon notice to You if Lexplosion determines, in its sole discretion, that the Force Majeure event has caused a material adverse effect on its ability to provide the Services or on the Lexplosion 's business operations. 

 

h)         Remedies :    If You breach or threaten to breach any provision of the TOS, Lexplosion shall be entitled additionally to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Lexplosion from pursuing any action or other remedy for any breach or threatened breach of these TOS, all of which shall be cumulative.   If Lexplosion prevails in such action, Lexplosion shall be entitled to recover from You all reasonable costs, expenses and attorneys ’fees incurred in connection there with. Lexplosion retains the right to temporarily or permanently block access to Komrisk if Lexplosion, in its sole discretion, believes that Komrisk or Compliance Data have been or may be used for an improper purpose or in violation of the terms of the TOS.

 

i)           Confidentiality:   You agree to keep confidential all information received by You using Komrisk as well as the functionalities of Komrisk for the time that your agreement with Lexplosion continues and for a minimum of seven (7) years thereafter. Lexplosion shall use commercially reasonable efforts to keep confidential the information You enter into the Komrisk workspaces, provided that this obligation shall not apply to any information that: (i) You provide in connection with another Lexplosion service, function or product or other agreement between You and Lexplosion; (ii) becomes generally known or available to the public or is disclosed without restriction in published materials or is disclosed, not due to a breach of any confidentiality obligations by Lexplosion; (iii) is known to Lexplosion at the time of disclosure by You; (iv) Lexplosion obtains from a third party or a source other than You which is not known to Lexplosion to be subject to confidentiality; (v) You instruct Lexplosion to disclose; or (vi) Lexplosion is legally required to disclose. Please refer to a copy of the ‘Privacy Policy ’for more information.

 

j)           USE OF AI FEATURES:   Certain features of Komrisk may incorporate or be powered by artificial intelligence or machine learning technologies (“AI Features”). AI Features generate outputs based on patterns, training data, and algorithms, and may not always be accurate, complete, or current. All AI generated outputs should be independently verified by the Client before being relied upon for any business, operational, legal, or regulatory decision.

 

Outputs generated by AI Features do not constitute professional, legal, financial, or regulatory advice of any kind and shall not be construed as such.

 

The AI Features may be powered in whole or in part by third-party AI models or platforms. Lexplosion makes no representations or warranties regarding the performance, accuracy, or availability of such third-party components and any output, recommendation, or result generated through them. Lexplosion shall not be liable for any failure, limitation, or change in functionality resulting from such third-party components.

 

The data, documents, or information submitted by the Client or its Users through Komrisk, including without limitation proof of compliance documents, queries, uploads, and any other inputs, may be transmitted to and processed by third-party AI or machine learning platforms that power such AI Features. By using the AI Features, the Client consents to such transmission and processing of its data by third-party platforms.

 

Lexplosion expressly disclaims all liability for any loss, damage, cost, or consequence of any kind, whether direct, indirect, incidental, or consequential, arising out of or in connection with any output, response, or recommendation generated by the AI Features, any action taken or decision made in reliance thereon, or any failure of the AI Features to generate accurate, complete, or timely outputs. The Client assumes sole responsibility for evaluating and acting upon any AI generated output.

 

9.           TERMINATION

 

Notwithstanding anything to the contrary in the TOS, Lexplosion reserves the right to terminate this TOS, or suspend or terminate Your access to Komrisk and use of the Compliance Data in its sole discretion, by serving one day ’s written notice to You for the breach of the terms and conditions of this TOS   or if Your use of Komrisk would cause a real risk of harm or loss to Lexplosion or other users  of Lexplosion ’s services. Lexplosion shall not be liable to You or any third party for the termination or suspension of the Services or access to the Compliance Data and Komrisk, or any claims related to such termination or suspension. Upon termination of the TOS for any reason whatsoever, You shall discontinue accessing Komrisk and cease all use of the Services. For the avoidance of doubt, any such termination shall not terminate any of Your obligations under this TOS which are either expressly stated or reasonably implied to survive such termination.

 

10.           GOVERNING LAW

 

The TOS shall be governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the competent courts located in Kolkata having jurisdiction in connection with any matters arising out of these TOS and not to assert a defense of forum   non-conveniens .

 

You may use Komrisk only as permitted by applicable law, including export control laws and regulations. If the law where You reside requires that You fulfil certain criteria before using Komrisk and to allow Lexplosion to lawfully provide the Services and Komrisk access to You then You must ensure to fulfil such criteria.

 

11.           ENTIRE AGREEMENT/SEVERABILITY/WAIVER

 

This TOS along with the order form which is executed at the time of engagement and the general terms and conditions in the order form (the order form and the general terms and conditions are collectively referred to as the “Order Form ”) constitute the entire agreement between You and Lexplosion and govern Your use of the Komrisk, Compliance Data, Services and Client Data. If any provision of the TOS and the Order Form is found invalid or unenforceable, the other provisions of the TOS and the Order Form will remain in force unless such invalidity or unenforceability makes the entire TOS inoperative. Lexplosion ’s failure to exercise or enforce any right or provision of the TOS and the Order Form shall not constitute a waiver of such right or provision unless acknowledged and agreed by Lexplosion in writing.

 

 

12.           MISCELLANEOUS

 

The section titles in the TOS are used solely for the convenience and have no legal or contractual significance. Sections 3, 4(b), 4(c), 5, 8, 9, 10, 11, 12 and 13 shall survive any termination of the TOS.

 

13.     ASSIGNMENT/DELEGATION

 

You shall not assign this TOS or the rights hereunder without the prior written consent of Lexplosion. Lexplosion has the right to delegate its responsibilities, obligations, and duties under or in connection with the TOS to a Third Party Vendor for transfer of Client Data from one server of Lexplosion to another either within or outside the country or the transfer from Lexplosion ’s server to the server of Third Party Vendors or   vice versa   or the transfer from the server of one Third Party Vendor to the server of another Third Party Vendor within or outside the territory of India. Nothing contained in this Section shall restrict Lexplosion ’s or any of its permitted assignee ’s right to assign any of its rights and obligations under this Agreement to any Lexplosion affiliate, the surviving corporation with or into which Lexplosion or such assignee may merge or consolidate or an entity to which Lexplosion or such assignee transfers all, or substantially all, of its business and assets.

 

14.   AMENDMENTS

 

Lexplosion may amend this TOS at any time by posting a revised version on the portal. All amendments shall be notified to You via email or on the Komrisk portal. The revised version will be effective at the time Lexplosion posts it on the portal. In addition, if the revised version of this TOS includes a Substantial Change, Lexplosion will provide You with 7 days 'prior notice of such Substantial Change/s by an email or as per the notification preferences provided by You. However, as a matter of abundant caution, You are advised to regularly check for any amendments or updates to the terms and conditions contained in this TOS on the portal. For the purpose of this TOS, the term "Substantial Change "means a change to the terms of this TOS that reduces Your rights or increases Your responsibilities.

 

15.   LANGUAGE

 

English language shall be used in all written communication between You and Lexplosion with respect to the Services to be performed under this TOS. However, Hindi or any other language may also be used wherever statutorily required.

 

16.   COMMUNICATION   AND ENQUIRIES REGARDING KOMRISK

 

All communications and enquiries under this TOS shall be in writing and addressed to:

 

Name: Anish Agarwal

 

Address: Office No. 12ES14, 12th Floor, Mani Casadona, Plot No. IIF, Action Area IIF/04, Newtown, Rajarhat, Kolkata –700135

 

Email:  anish.agarwal@lexplosion.in

 

17.   COMPLAINTS

 

Lexplosion is dedicated to providing You with quality products. However in the unlikely event You have any complaint with regard to the accessing or using Komrisk please contact Lexplosion at helpdesk@lexplosion.in. Lexplosion or the Third party Vendors will endeavor to investigate Your complaint and respond to You as quickly as possible and usually within 3 working day of the timed receipt of Your complaint.