This website is owned and managed by M/S. Phishbowl Solutions Pvt. Ltd.
For the purpose of Privacy Terms and Conditions (“Terms”) mentioned below, wherever the
context so requires "You", “Your” or "User" shall mean any natural or legal person who
accesses, uses or subscribes to our Website, agrees to avail the services provided by
PHISHBOWL SOLUTIONS PVT. LTD. (hereinafter referred as ‘Phishbowl/Company/
Website/Mobile Application/We/Us/Our’)
These Terms shall govern Your use of PHISHBOWL’s Websites, Mobile Applications, Web
Service API, tools or other services and features provided by PHISHBOWL from time to time.
This document is an electronic record in terms of Information Technology Act, 2000 and rules
thereunder, as applicable and the amended provisions pertaining to electronic records in
various statutes, as amended from time to time by the 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 the Information
Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that
requires publishing of the rules and regulations, privacy policy and Terms for access or usage
of www.phish-bowl.com (www.phish-bowl.in) Website and the eponymous Mobile Application.
Use of this Website is offered to You, subject to acceptance of all the terms, conditions and
notices contained in these Terms including applicable policies which are incorporated herein
by reference, along with any amendments / modifications made from time to time by Company
at its sole discretion and posted on the Website.
By clicking on the “I Accept” (or similar consent) button or by using our Website, Mobile
Application, the system, the services and/or the data, accessing, browsing or otherwise
submitting information, to the Website or Mobile Application, You acknowledge and consent
that You have read, understood and agreed to be legally bound, including without limitation,
by these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms
and conditions as are relevant under the applicable law(s) in India, for the purposes of
accessing and browsing Website, or availing any of the Services, and such rules, guidelines,
policies, terms and conditions shall be deemed to be incorporated into, and considered as part
and parcel of these Terms.
The Company reserves the right to change or modify these Terms or any policy or guideline
of the Website including the Privacy Policy, at any time and in its sole discretion without
notice. Your continued use of the Website will confirm Your acceptance of such changes or
modifications; therefore, You should frequently review these Terms and applicable policies to
understand the terms and conditions that apply to Your use of the Website.
Our Website is operated and services are provided in compliance with the laws in India and
Company shall not be liable to provide any Services subscribed by You in locations outside
India. If You access our services from locations outside India, You do so at Your own risk and
You shall solely be liable for compliance with applicable local laws.
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USE OF SERVICES
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FAIR USE OF SERVICES
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You may not use our Services or the Content of the Website in any way, which
is illegal, harmful or may be considered offensive by PHISHBOWL, other Users
or third parties. You agree not to exploit the Services or the Content of the
Website in any unauthorized way whatsoever, including but not limited to,
trespassing or burdening network capacity.
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You further agree not to use our Services or Content in any manner to harass,
abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any
other party, and You acknowledge and agree that PHISHBOWL is not in any way
responsible for any such use by You, nor for any harassing, threatening,
defamatory, offensive or illegal messages / emails or transmissions that You may
receive as a result of using the Services.
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Notwithstanding any other remedies available to PHISHBOWL, You agree that
PHISHBOWL may suspend or terminate Your use of the Services without notice
if You use the Services or the Content in any prohibited manner, and that such
use will be deemed to be a material breach of these Terms.
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PHISHBOWL grants You a personal, non-exclusive, non-transferable and limited
right to use the Services for Your own personal, non-commercial use. You are
not allowed to use the PHISHBOWL Services on any device that You do not own
or control. You may not copy, decompile, reverse engineer, disassemble, attempt
to derive the source code of, modify, or create derivative works from, display,
publish, distribute, transmit, circulate or broadcast content of the PHISHBOWL
website, any updates, or any part thereof.
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You are not granted any right to use PHISHBOWL’s name, trademarks or other
commercial symbols. All rights not expressly granted to You under these Terms
shall be retained by PHISHBOWL.
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In case You wish to use any part of the Services as a part of Your own application
or modify any part of the Services, and for APIs for commercial use - such use is
subject to PHISHBOWL’s prior written approval and that You enter into a
separate license agreement with PHISHBOWL with respect to the same.
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USE BY MINOR/REFUSAL OF ACCESS
Use of the Website is available only to persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including without
limitation, minors, un-discharged insolvents etc. are not eligible to use the
Website. By accessing and using this Website, You represent that You are of
legal age to form a binding contract and are not a person barred from entering
into a contract under the laws as applicable in India. Notwithstanding the
foregoing, if You are below the age of eighteen (18) years, You may avail the
services provided by the Website, through Your legal guardian in accordance
with the applicable laws.
Company reserves the right to refuse access to use the services offered at the
Website to new Users or to terminate access granted to existing Users at any
time without according any reasons for doing so and You shall have no right to
object to the same.
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DATA PROTECTION AND SECURITY OF INFORMATION
We are firmly committed to the security and protection of personal information
of our Users and the Services. The PHISHBOWL Privacy Policy describes how we
collect, use, share and process personal information and You acknowledge and
agree that PHISHBOWL may collect, use, share and process personal information
as described therein.
You shall ensure that the Account Information provided by You in the Website's
registration form is true, complete, accurate and up to date. Use of another
User's Account Information for availing the services offered by Company is
expressly prohibited. If You provide any information that is untrue, inaccurate,
not current or incomplete (or becomes untrue, inaccurate, not current or
incomplete), or Company has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Company has the
right to suspend or terminate Your Account and refuse any and all current or
future use of the Website by You.
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LIABILITY OF CONTENT AND INDEMNIFICATION
You understand, acknowledge and undertake to indemnify us against any
dispute, damages, etc. which may arise due to the content published, posted or
shared by You.
You understand and agree that You are solely liable for any content that You
post or communicate directly in or on the Website and You agree to only post or
communicate content that:
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is true and not false or misleading;
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is not likely to be deemed threatening, disparaging, defamatory,
pornographic, racially or ethnically offensive, discriminatory, insulting,
slanderous or otherwise illegal or inappropriate;
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belongs to You, or which You have a right to distribute;
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does not constitute an infringement of the intellectual property or privacy
rights of any third party;
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does not constitute information that You are not legally entitled to distribute
(such as insider information or confidential information);
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does not contain any unsolicited or unauthorised advertising, promotional
material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any
other form of solicitation; and
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does not contain software virus or any other technology that may harm the
Services, or the interests or property of our Services or the other Users of
the Services.
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is accurate, fair, and is not disparaging of us, the Services or others. Further,
You agree to be fair, accurate and non-disparaging while reporting data,
leaving comments, suggestions, feedback, testimonials and reviews on or
about the Services.
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You grant PHISHBOWL the non-exclusive right to use all material entered
into the website by You.
INDEMNIFICATION
You understand, acknowledge and undertake to indemnify and hold Us, Our
subsidiaries, affiliates, related parties, employees, and related parties harmless
against and from any claim or demand, including reasonable attorney's fees or
any dispute, damages, etc. which may arise due to Your conduct or the content
You published, posted or shared on the Website or due to Your violation of the
Terms or any other violation of rights of another person or party.
While we make every effort to maintain true and up-to-date information on the
website, we cannot be held responsible for incorrect information or the results of
using any information on the website. The liability of the information provided on
the website shall be solely and exclusively lie with the provider/user who
provided/uploaded the information on the Website.
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OBLIGATIONS AND RESTRICTIONS OF USERS:
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You guarantee that any information and other content, such as Your profile
information and information provided by You to the Website as a User of the
Services, to the best of Your knowledge, is correct, not in violation of applicable
law, will not corrupt or disrupt the Services, and that You have the right to share
the Content with PHISHBOWL in order for PHISHBOWL to provide the Services and
share the Content with other Users.
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You shall not make any commercial use of the Services or the Content or
otherwise transfer for value the Services or the Content. You agree not to
challenge PHISHBOWL's rights in, or otherwise attempt to assert any rights in,
the Services or any Content provided by other Users, except those rights explicitly
and expressly granted under these Terms to You. You agree to use the Services
and Content only as expressly permitted under these Terms.
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You agree not to use the Services, Content or information to attempt to
circumvent the regular operation of the Services by any means including by
creating multiple accounts, redirecting traffic, following other fraudulent or
deceptive practices, creating a parallel repository thereof, or seeking to by-pass
the Services or compete with us.
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Scraping of any information contained in the Services, by use of automated
systems, “deep-link”, “robot”, “bot”, “spider”, “data mining”, “computer or
software code” or any other automated device, program, tool, algorithm, process
or methodology or manual process having similar functionality to access, acquire,
copy, monitor or extract data, including any Content and any third-party
information accessible via the Services, is strictly prohibited.
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You acknowledge and agree that by accessing or using the Website or Services,
You may be exposed to content posted by Users that You may consider offensive,
indecent or otherwise objectionable. Company disclaims all liabilities arising in
relation to such objectionable / offensive content on the Website. Further,
PHISHBOWL will appreciate every opportunity of being notified on email to
admin@phish-bowl.in or through our
contact us page
with respect to any objectionable / offensive content submitted to the Website /
Mobile Application.
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If the Website allows You to post and upload any material on the Website, You
hereby undertake to ensure that such material is not offensive and in accordance
with applicable laws. Further, You undertake not to: Host, display, upload, modify,
publish, transmit, store, update or share any information or user submissions which
belongs to another person and to which the user does not have any right is
pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy,
insulting or harassing on the basis of gender, libellous, racially or ethnically
objectionable, relating or encouraging money laundering or gambling, or otherwise
inconsistent with or contrary to the laws in force or is objectionable is harmful to
child; infringes patent, trademark, copyright or other proprietary or intellectual
property rights; violates any law for the time being in force; Deceives or misleads
the addressee about the origin of the message or knowingly and intentionally
communicates any information which is patently false or misleading in nature but
may reasonably be perceived as a fact; 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 cognisable offence or
prevents investigation of any offence or is insulting other nation.
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Further You undertake, acknowledge and agree not to post any information which
is patently false and untrue, and is written or published in any form, with the intent
to mislead or harass a person, entity or agency for financial gain or to cause any
injury to any person; or threatens public health or safety; Defame, abuse, harass,
threaten or otherwise violate the legal rights of others; and Impersonate any
person or entity, or falsely state or otherwise misrepresent Your affiliation with a
person or entity.
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You shall not engage in any activity that interferes with or disrupts access to the
Website or the Services (or the servers and networks which are connected to the
Website). Any Attempt to violate the security of the website or gain unauthorized
access to any portion or feature of the Website, any other systems or networks
connected to the Website, to any Company server, or to any of the services offered
on or through the Website, by hacking, password mining or any other illegitimate
means
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You further undertake, acknowledge and agree not to probe, scan or test the
vulnerability of the Website or any network connected to the Website, nor breach
the security or authentication measures on the Website or any network connected
to the Website. You may not reverse look-up, trace or seek to trace any information
on any other user, of or visitor to, the Website / Mobile Application, or any other
customer of Company, including any Company Account not owned by You, to its
source, or exploit the Website / Mobile Application or service or information made
available or offered by or through the Website, in any way whether or not the
purpose is to reveal any information, including but not limited to personal
identification information, other than Your own information, as provided for by the
Website.
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You undertake and agree not to collect or store data about other users in
connection with the prohibited conduct and activities set forth here like to use any
device or software to interfere or attempt to interfere with the proper working of
the Website / Mobile Application or with any other person's use of the Website /
Mobile Application; nor to Use the Website or any material or Content for any
purpose that is unlawful or prohibited by these Terms, or to solicit the performance
of any illegal activity or other activity which infringes the rights of Company or
other third parties.
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You hereby undertake and agree not to falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the origin or
source of software or other information which is uploaded; also not to violate any
code of conduct or other guidelines, which may be applicable for or to any
particular Service; further not to violate any applicable laws or regulations for the
time being in force within or outside India.
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You shall not violate the Terms, including but not limited to any applicable
Additional Terms of the Website contained herein or elsewhere; and Reverse
engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information or software
obtained from the Website / Mobile Application, or any part thereof.
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The liability of the information provided / uploaded on the website shall solely and
exclusively lie with the provider/user who provided/uploaded the information on
the Website.
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THIRD PARTY CONTENT
As part of the Services provided by us, we may facilitate and allow website, links,
contents or services of third parties who may or may not be advertiser/s (“Third
Party”) to place advertisement/s and / or post content or links to their websites or
services on the PHISHBOWL Website or mobile app and the following clauses will be
applicable with respect to the same:-
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PHISHBOWL does not endorse any Third-Party websites, their content or services.
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The Services may contain links to external content provided by the Third-Party
website/s and service/s. Such third-party content, website/s and service/s shall be
subject to the respective Third-Party terms and conditions and PHISHBOWL shall not
be held liable for any such Third-Party content, websites or services.
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The Company may, at any time and without having to serve any notice to the Third
Party:
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upgrade, update, change, modify, or improve the Website or a part thereof
in a manner it may deem fit, and
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change the content of the Advertising Policy and/ or these Terms and/ or
the Privacy Policy.
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It is the responsibility of the Third Party, in such cases, to review the terms of the
Advertising Policy and / or these Terms and/ or the Privacy Policy, from time to time.
Such change shall be made applicable when they are posted. We may also alter or
remove any content from the Website without notice to the Third Party and without
any liability towards the Third Party.
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The Company reserves the right to reject or remove any advertisement in its sole
discretion for any reason. Further, the Company also reserves the right to request
modifications to any advertisement and to require factual substantiation for any claim
made in an advertisement.
You understand, acknowledge and agree that we are not in any manner responsible
for any liability arising from an advertisement of a Third Party /s. You may contact
PHISHBOWL at admin@phish-bowl.in or through our contact us page on our
contact us page to report any violation or infringement of Your
rights by Users of the Services or Third Party
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INTELLECTUAL PROPERTY RIGHTS
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The Services are protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. PHISHBOWL and its
licensors shall retain ownership in and to the Services and to all related
intellectual property rights, including without limitation copyrights, trademarks,
trade names, database rights and patents. You are granted only a limited right
to use the Services subject to these Terms and no intellectual property rights are
or will be deemed to be transferred or licensed to You except as contemplated
herein.
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The trademarks, logos and service marks displayed on the Website / Mobile
Application ("Marks") are the property of Company, the Third-Party and thirdparty owner. You are not permitted to use the Marks without the prior consent
of Company and/or Third Party and / or and third-party owner that may own the
Marks.
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Except as expressly provided herein, You acknowledge and agree that You shall
not copy, republish, post, display, translate, transmit, reproduce or distribute any
information/Intellectual property through any medium without obtaining the
necessary written authorization from Company and /or Third Party and / or third
party owner of such Intellectual Property.
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DISCLAIMER OF WARRANTIES
PHISHBOWL MAKES NO WARRANTY OR REPRESENTATION, EITHER
EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY,
PERFORMANCE, ACCURACY, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES
ARE PROVIDED “AS IS” AND YOU AGREE THAT THE SERVICES ARE USED
AT YOUR OWN RISK AND DISCRETION.
You understand and acknowledge that while using the Website if You are facing any
kind of delays, omissions, interruptions, errors etc. on the Website whether by
negligence or by contingencies beyond Phishbowl’s control due to which You lose
any data or suffers from any loss of money, loss of goodwill or loss of time, in that
event, PHISHBOWL shall not be held liable in any manner whatsoever with respect
to the same.
You understand and acknowledge that we can make no claims as to the validity,
accuracy, correctness or reliability of the data and tools we provide. The information
provided by PHISHBOWL is “AS-IS” and does not constitute legal, financial or
professional advice, and You understand that any information or advice provided by
the PHISHBOWL is for use solely at Your own risk and without liability or warranty
of any kind.
Company does not control or endorse the content, messages or information found
in any communication service and, therefore, Company specifically disclaims any
liability or responsibility whatsoever with regard to the communication services and
any actions resulting from the user’s participation in any communication service. You
agree that You are solely responsible to Company and to any third party for any
breach of Your obligations under the Terms and for the consequences (including any
loss or damage which company or its affiliates or its vendors may suffer) for any
such breach.
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LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PHISHBOWL SHALL IN
NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL,
ARISING OUT OF:
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The use or inability to use the services or the content, even if
advised of the possibility of such damages
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Unauthorised access to or alteration of your data transmissions
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Submissions or conduct of any third party on the service
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Any other matter relating to the service
PHISHBOWL shall have no liability for any information stored or processed within the
Services, including the costs of recovering such information. Your only right or
remedy with respect to any problems or dissatisfaction with the Services, is to
exit/quit the PHISHBOWL website and uninstall/cease to use the Services.
You are entirely liable for the activities conducted by You in connection with the
usage of Website / Mobile Application and its Services by You.
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PAID SUBSCRIPTION FOR SERVICES AND REFUND
PHISHBOWL may offer certain features or services for which a fee will be payable
(“Paid Services”). Your purchase of the Paid Services may be subject to foreign
exchange fees or differences in prices based on the respective location. If You
purchase or subscribe to such Paid Services, You agree to pay us the applicable fees
(“PHISHBOWL Fees”) and taxes in accordance with the applicable third party
payment and billing terms, based on the platform You are using, which are
incorporated herein by reference.
You will be charged the applicable fees and taxes during the subscription period
unless You cancel the Paid Service, in which case You agree to still pay these fees
through the end of the applicable subscription period.
We may change the PHISHBOWL Fees from time to time by posting the changes in
or on the Services or by notifying You in advance. All fees are, except as otherwise
expressly provided herein or as required by applicable law, non-refundable. Failure
to pay these fees may result in suspension or termination of your Service or
subscription.
You acknowledge that You are fully responsible for the Internet connection and/or
mobile charges that You may incur for using our Services.
PHISHBOWL shall not be liable to pay any refund to the You in case if any purchase
is made through unethical means; by taking advantage of a technical glitch; or by
misusing/ the offer terms/guidelines/codes.
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TERMINATION
Company reserves the right to review materials posted by You and to remove, edit,
review, update any materials in its sole discretion. Company reserves the right to
terminate the User’s access to any or all of such Services provided by Company at
any time, without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as is
necessary to satisfy or comply with any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Company’s sole discretion.
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CHANGES
PHISHBOWL may change the Services at any time, such as by adding or removing
features or discontinuing the Services. PHISHBOWL also reserves the right to modify
these Terms at any time by providing revised Terms to the User or by publishing the
revised Terms within the Services.
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SUPPORT
PHISHBOWL strives to provide adequate and efficient technical support, upgrades
and updates for the Services. PHISHBOWL shall, however, not be under any
obligation to provide support or maintenance for the Services under these Terms
and reserves the right to limit or discontinue the support, upgrades and updates
provided from time to time.
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GOVERNING LAWS
These Terms shall be governed and construed in accordance with the laws of India.
You agree that any legal action or proceedings may be brought exclusively in the
competent courts/tribunals having jurisdiction in Pune, India and both PHISHBOWL
and You irrevocably submit to the jurisdiction of such courts/tribunals.