Terms of Use

Last updated: 12th June 2024

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

We are delighted to receive Your interest in onboarding You as one of the users on the platform of Thought Pudding ("Thought Pudding" or "we" or "our" or "us").

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Usage as well as the relevant provisions of the DPDPA for access or usage of WEBSITE (the "Website"), including the related mobile site and mobile application (collectively hereinafter referred to as the "Platform"). Your use of the Platform and services are governed by the following terms and conditions ("Terms of Service" or "Terms of Usage") as applicable to the Platform including the applicable policies (including Privacy Policy) which are incorporated herein by way of reference and mentioned on the Website in detail.

In the event of any conflict or inconsistency between the terms and conditions hereof (Terms of Use of Platform) and any terms or conditions set forth on the website including those provided on including Privacy Policy, relating to the Services contemplated on the Platform, the terms and conditions set forth in this onboarding document and shall prevail.

The Platform is owned by Thought Pudding, having its office at 402, 4th Floor, Sorrento Building, Hiranandani Gardens, High Street, Powai. Mumbai i.e., THOUGHT PUDDING.

If You are a visitor or user on the Platform, You shall be subject to the policies that are applicable to the Platform. By mere use of the Platform, You shall be contracting with THOUGHT PUDDING and these terms and conditions including the policies constitute Your binding obligations with THOUGHT PUDDING. For the purpose of these Terms of Usage, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to use the services offered by the Platform by providing the relevant information. In certain cases THOUGHT PUDDING also allows the User to access the Platform without registering on the Platform.

This WEBSITE is a platform that You may use for the following services, inter alia,

  • Registration to receive services, maintenance of my health profile/records, identification, communication, information on new services and offers, taking feedback, help and complaint resolution, other customer care related activities or issues relating to the use of my services;
  • Creation and maintenance of electronic health records for use by Though Pudding and it group companies and affiliates, to provide relevant services;
  • Receiving personalized announcements/offers;
  • Customizing suggestions for appropriate medical products and services offered by Though Pudding and affiliates;
  • Research for the development and improvement of our products and services including our treatment protocols;
  • Disclosure as required to government authorities in compliance with applicable law;
  • Investigating, and resolving any disputes or grievances; and
  • Any purpose(s) required by applicable law.

The Platform operated by THOUGHT PUDDING is not a repository or custodian with respect to any of the assets being dealt with on the Platform.

We reserve the right, at Our sole discretion, to change, modify, add, remove or amend any portions of these Terms of Usage, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Usage periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the updations/revisions/deletion. As long as You comply with these Terms of Usage, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

Services on the Platform are available only to persons who can form legally binding contracts under Indian Contract Act, 1872 or any other law as applicable. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to persons who are below 18 years of age or un-discharged insolvents etc. are not eligible to use the Platform.

You confirm that you have decided to use the Platform after fully understanding the Platform features.

If You use the Platform, You shall be responsible for maintaining the confidentiality of your information including without limitation your user name and password and You shall be responsible for all activities that occur under your name and password. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times.

You agree that if You provide any information that is untrue, inaccurate, not updated or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, or not in accordance with this Terms of Usage, We shall have the right to indefinitely suspend or terminate or block access of your account on the Platform and refuse to provide You with access to the Platform. You agree that THOUGHT PUDDING shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your updated mobile phone number and/or e-mail address on the Platform. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

Onboarding: To begin the onboarding process, You must complete the registration process. As part of the application, You must provide the Platform with all the details including but not limited to legal name, address, phone number, e-mail address, contact details in case of grievance as well as any other information that we may request.

Term: The term of this engagement will start on the date of Your acceptance of these terms and conditions and continue until terminated by THOUGHT PUDDING or by You in the manner as may be provided in this document or on this platform.

Platform/SERVICE Fee: Fee details for accessing and usage of the Platform/Services shall be described in the relevant policies applicable to users. Except as provided otherwise, all amounts contemplated on the Platform will be expressed and displayed in INR, and all payments to be paid to THOUGHT PUDDING will be made in INR. If THOUGHT PUDDING is required by law or by administration thereof to collect any value-added, service, sales, use, goods and services tax or similar taxes from You, You will pay such taxes to the Platform.

Your Representations and Warranties: You hereby warrant and represent that this onboarding document has been duly and validly accepted by You.

General Terms and Covenants

  • You, as user, acknowledge, confirm, and undertake that the Platform is a technology backed platform that enables You to access certain services on the Website.
  • You confirm and undertake that you have not been influenced or are being influenced, neither have you been given any assurance/guarantee of any minimum or fixed benefits to You out of your usage of the Platform by any of the employees, directors, associates, partners, agents, representatives, or relationship managers of THOUGHT PUDDING.
  • You fully understand and acknowledge that neither THOUGHT PUDDING nor its associate, affiliate, distributor, partner companies, employees act as referral agents or distributors.

You shall not host, display, upload, modify, publish, transmit, update, or share any information which:

  • belongs to another person and to which You does not have any right to;
  • is illegal, grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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; 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;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, harassment, hatred or physical harm of any kind against any group;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult);
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • interferes with another User's use and enjoyment of the Platform or any other individual user's enjoyment of similar services;
  • refers to any Platform or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Usage;
  • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  • violates any law for the time being in force;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • 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;
  • shall not be false, inaccurate or misleading;
  • shall not, 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, rule, regulation or guideline for the time being in force;
  • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

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 customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service 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 shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of THOUGHT PUDDING.

You agree not to use any device, software, or router to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

You will not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Usage, or to solicit the performance of any illegal activity or other activity which infringes the rights of THOUGHT PUDDING and/or others.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Companies Act 2013, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service. In the event of any violation of any laws, you as take complete responsibility and shall be held responsible for any legal consequences. You further undertake to indemnify THOUGHT PUDDING, its affiliates, subsidiaries, including parent company, if any, its promoters, distributors, agents and employees to that effect.

Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Usage and Privacy Policy applicable to use of the Platform.

You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform.

You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

THOUGHT PUDDING prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. THOUGHT PUDDING shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU UPLOAD, OR POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect THOUGHT PUDDING views. In no event shall THOUGHT PUDDING assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.

Except as expressly provided in these Terms of Usage, no part of the Platform and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without THOUGHT PUDDING's express prior written consent.

Some content offered on the Platform may not be suitable for some viewers and therefore viewer discretion is advised. Also, some content offered on the Platform may not be appropriate for viewership by children. parents and/or legal guardians are advised to exercise discretion before allowing their children and/or wards to access content on the Platform.

This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph THOUGHT PUDDING does not warrant that the information on this Platform is complete, true, accurate or non-misleading.

THOUGHT PUDDING will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with the Platform. THOUGHT PUDDING does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Platform constitutes, or is meant to constitute, advice of any kind.

You will be required to enter a valid phone number while registering on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any transaction related updates.

THOUGHT PUDDING does not assume any responsibility or liability for the actions, products, services, or content of any of the third parties assisting with the Services undertaken by Users on the Platform. You can tell when a third-party is involved in the provision of Services, and You acknowledge, and confirm that We may share your information with such third parties. Therefore, You should carefully review their privacy statements and other conditions of use.

You hereby consent to sharing your information with third parties unless You specifically opt out. In addition, your access to the services and the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restrictions.

You must ensure that the uploaded, or listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. All uploaded or listed items must be listed in an appropriate category on the Platform.

While availing any of the payment method/s available on the Platform, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to i) Lack of authorization for any transaction/s, or ii) Exceeding the preset limit mutually agreed by You and between "Bank/s", or iii) Any payment issues arising out of the transaction, or iv) Decline of transaction for any other reason/s

All payments made against the purchases/services on Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

Use of the payment facility shall not render THOUGHT PUDDING liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, or fraud.

You have specifically authorized THOUGHT PUDDING or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically to and from your end customers/clients in respect of transactions through payment facility.

You understand, accept and agree that the payment facility provided by THOUGHT PUDDING is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Platform using the existing authorized banking infrastructure and Credit Card payment gateway and API networks. Further, by providing technology Platform and payment facility, THOUGHT PUDDING is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

THOUGHT PUDDING reserves the right to impose limits on Your usage of the Platform including certain financial limitations on number of Transactions which THOUGHT PUDDING may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment, and reserves the right to refuse to process Transactions exceeding such limit.

You as a User confirm and undertake that You are making the payment towards the subscription fee and other charges on the Platform through your own bank account and from source of income which is legal in India.

THOUGHT PUDDING reserves the right to refuse to process Transactions by Buyer with a prior history of questionable charges including without limitation breach of any agreements with THOUGHT PUDDING or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

THOUGHT PUDDING may place such checks on the Platform as it deems fit before approving the receipt of users commitment to pay transaction price or other reasons at the discretion of THOUGHT PUDDING. As a result of such check if THOUGHT PUDDING is not satisfied with the creditability of the user or genuineness of the transaction or other reasons, at its sole discretion, THOUGHT PUDDING shall have the right to reject the receipt of transaction price.

THOUGHT PUDDING may delay notifying the payment confirmation if THOUGHT PUDDING deems suspicious or for users conducting high transaction volumes to ensure safety of the transaction and transaction price.

The User acknowledge that THOUGHT PUDDING will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond the control of THOUGHT PUDDING.

User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and Platform.

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the user and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support payment facility to provide these services to the users. All such Online Bank Transfers on payment facility are also governed by the terms and conditions agreed to between user and the respective Issuing Bank.

You shall indemnify and hold harmless THOUGHT PUDDING, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, (i) made by any third party or (ii) resulting from or in connection with any services availed or transactions undertaken on the Platform or (iii) penalty imposed due to or arising out of Your violation of any law, rules or regulations or the rights (including infringement of intellectual property or privacy rights) of a third party or (iv) Your breach of these Terms of Service, Privacy Policy and other policies, or (iv) unauthorized, improper, illegal or wrongful use of your THOUGHT PUDDING account (including by You or by any person, including a third party, whether or not authorized or permitted by You). This indemnification obligation will survive the expiry or termination of these Terms and/or your use of the service.

THOUGHT PUDDING make no representation that the services on the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative.

This site is controlled and operated by THOUGHT PUDDING. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

You may delete your account by providing THOUGHT PUDDING a notice via email at hello@thoughtpudding.com and/or by undertaking the necessary action as may be prompted on the Platform.

IN NO EVENT SHALL THOUGHT PUDDING BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USAGE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

THE PLATFORM AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, SUCH USER ACCESSES THE PLATFORM, THE SERVICES AND ANY ONLINE PORTAL OR TOOL TO HELP THE SUCH PERSON AVAIL THE SERVICES AT ITS OWN RISK. THIS PLATFORM IS NEITHER A BROKER NOR AN AGENT NOR A REPOSITORY OR CUSTODIAN WITH RESPECT TO ANY OF THE ASSETS BEING DEALT (INCLUDING BUSINESS INFORMATION AND DATA) WITH ON THIS PLATFORM. NOTHING ON WEBSITE CONSTITUTES AN ADVISE OR RECOMMENDATION BY THOUGHT PUDDING.

You agree that THOUGHT PUDDING shall be under no liability whatsoever to you in the event of non-availability of the Platform and/or any of the services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of THOUGHT PUDDING (including any event which is caused by the failure of transaction or non-performance or the Platform partners).

Relationship of Parties: You and THOUGHT PUDDING are independent contractors, and nothing in this onboarding document will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties.

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform by writing to Us on hello@thoughtpudding.com.

Grievance Office

The name and contact details of the Grievance Officer are provided below:

Attention: Senior Officer/Data Protection Officer

Address: B-30, first floor, Lajpat Nagar 3, New Delhi 110024

Email: hello@thoughtpudding.com

Phone: +91 7042071881 (customer support) / +91 9711940977 (senior officer)

Governing Law: This onboarding document will be governed and construed in accordance with the laws of the Republic of India. Notwithstanding the foregoing, You agree that (i) THOUGHT PUDDING has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts in Delhi, India.

Any dispute or claim arising out of or relating to this onboarding document, or any other services provided by THOUGHT PUDDING to You or to anyone else at Your request shall be resolved by arbitration by mutually appointing a sole arbitrator. The place of arbitration will be Delhi. The language of the arbitration shall be English. The parties agree that the arbitrator shall not make any award for exemplary, punitive, or indirect damages.

Miscellaneous: You cannot assign this onboarding document without the prior consent of THOUGHT PUDDING. THOUGHT PUDDING may assign or transfer its rights and obligations under this onboarding document: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of THOUGHT PUDDING's assets or similar transaction, or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for THOUGHT PUDDING as the party to this onboarding document. THOUGHT PUDDING retains the right to immediately halt any transaction, prevent or restrict access to the services or take any other action to restrict access to the Platform for cause.

If any provision of these Terms of Usage or Privacy Policy or other policies is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.

These Terms of Usage, the Privacy Policy and any other terms or policies or disclaimers as may be prescribed by THOUGHT PUDDING from time to time, constitute the entire agreement between You and THOUGHT PUDDING, which will govern your use of or access to the services and/or the Platform, superseding any prior understanding or agreements between You and THOUGHT PUDDING regarding such use or access.

You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the efflux of time and the termination of these Terms.

These terms and conditions are as on 12th June 2025 and can be changed/modified/replaced at the sole discretion of Thought Pudding.