Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of Linkyards ("Service"), a product of Mclibra Technology Solutions Private Limited ("Company", "we", "us", or "our"), registered at MIG R/26, Hirapur, Dhanbad, Jharkhand, India.

Compliance with Indian Laws

These Terms comply with:

• The Information Technology Act, 2000 and IT Rules, 2021
• The Consumer Protection Act, 2019
• The Digital Personal Data Protection Act, 2023
• The Indian Contract Act, 1872
• Other applicable laws of India

2. Agreement to Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these terms, you may not access the Service.

Age Requirement and Verification

Data Processing Agreement

Your use of the Service is also governed by our Privacy Policy, which complies with the Digital Personal Data Protection Act, 2023. By using the Service, you consent to the processing of your personal data as described in our Privacy Policy.

3. Intellectual Property Rights

Company Rights

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Mclibra Technology Solutions Private Limited and its licensors.

User Content

4. User Accounts

Account Creation and KYC

You must register for an account to access certain features of the Service. You agree to:

• Provide accurate, current, and complete information during registration
• Verify your identity through our Know Your Customer (KYC) process when required
• Update information to keep it accurate, current, and complete
• Comply with applicable anti-money laundering and identity verification requirements

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using strong passwords and enabling two-factor authentication when available

Account Verification

We may require identity verification for certain features or transactions. Failure to complete verification may result in limited account functionality.

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose
• Violate any laws in your jurisdiction
• Infringe upon others' intellectual property rights
• Harass, abuse, or harm others
• Transmit malicious software or content
• Interfere with the proper working of the Service
• Attempt to bypass any security measures
• Use the Service in any way that could damage or impair the Service

6. Content Guidelines

You are responsible for all content you post on the Service. Content must not:

• Be unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property
• Contain software viruses or any other malicious code
• Constitute unauthorized advertising or spam
• Impersonate any person or entity

7. Account Suspension and Termination

Fair Termination Process

We implement a fair and transparent termination process:

Warning System

• First Violation: Written warning with opportunity to rectify
• Second Violation: Temporary suspension (7-30 days)
• Third Violation: Extended suspension or permanent termination

Immediate Termination

Notice and Appeal Rights

• 30 days advance notice for voluntary termination of services
• Right to appeal termination decisions within 15 days
• Data export rights before account deletion
• Refund rights for unused paid services (pro-rated)

8. Limitation of Liability

To the maximum extent permitted by law, Mclibra Technology Solutions Private Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:

• Your use or inability to use the Service
• Any unauthorized access to your account
• Any third-party conduct on the Service
• Any data or content transmitted through the Service
• Technical failures or security breaches

9. Disclaimer

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by:

• Posting the updated Terms on the Service
• Sending an email to the address associated with your account
• Providing notice through the Service interface

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

11. Consumer Rights (Consumer Protection Act, 2019)

Consumer Protection

As a consumer, you have the following rights:

• Right to Information: Complete information about services and charges
• Right to Choose: Freedom to choose services without coercion
• Right to be Heard: Voice complaints and seek redressal
• Right to Seek Redressal: Fair settlement of grievances
• Right to Consumer Education: Awareness about rights and responsibilities

Cooling-off Period for Premium Services

Unfair Trade Practices

We will not engage in:

• False or misleading advertisements
• Deceptive pricing practices
• Unauthorized charges
• Withholding material information

12. IT Intermediary Compliance (IT Rules 2021)

Content Moderation

As an intermediary platform, we:

• Do not initiate, select, or modify content transmitted through our platform
• Implement automated tools and human moderation for content screening
• Remove illegal content within 36 hours of notification
• Preserve records of removed content for investigation purposes

User Reporting Mechanism

Users can report inappropriate content through:

• In-app reporting buttons on all content
• Email to report@linkyards.in
• Online grievance portal

Significant Social Media Intermediary Obligations

If we qualify as a Significant Social Media Intermediary (over 5 million users), we will:

• Appoint a Chief Compliance Officer, Nodal Contact Person, and Resident Grievance Officer
• Publish monthly compliance reports
• Implement traceability of first originator for certain content types
• Use automated tools for proactive content identification

13. Cyber Security and Incident Reporting

Security Measures

We implement comprehensive cyber security measures including:

• Regular security audits and vulnerability assessments
• Multi-factor authentication and access controls
• Encryption of data in transit and at rest
• Incident response and business continuity plans

Incident Reporting

In case of cyber security incidents affecting user data:

• We will report to CERT-In within 6 hours of discovery
• Users will be notified within 72 hours if their data is affected
• Detailed incident reports will be made available to authorities
• Remedial measures will be implemented immediately

14. Grievance Redressal

Grievance Officer

We have appointed a Grievance Officer to address your complaints:

• Name: Grievance Officer
• Email: grievance@linkyards.in
• Phone: +91-XXXXXXXXXX (Mon-Fri, 9 AM - 6 PM IST)
• Response Time: Acknowledgment within 24 hours, resolution within 15 days

Consumer Complaints

For consumer-related grievances, you may also approach:

• District Consumer Disputes Redressal Commission
• State Consumer Disputes Redressal Commission
• National Consumer Disputes Redressal Commission
• Consumer helpline: 1915

Online Dispute Resolution

We support alternative dispute resolution through:

• Mediation services for service-related disputes
• Arbitration for contractual disputes (seat: Ranchi, Jharkhand)
• Online conciliation platforms

15. Governing Law and Jurisdiction

Applicable Law

These Terms shall be governed by the laws of India, including:

• The Indian Contract Act, 1872
• The Information Technology Act, 2000
• The Consumer Protection Act, 2019
• The Digital Personal Data Protection Act, 2023

Jurisdiction and Dispute Resolution

For dispute resolution:

• Primary Jurisdiction: Courts of Dhanbad, Jharkhand
• Consumer Disputes: Appropriate Consumer Forum based on claim value
• Arbitration: Governed by the Arbitration and Conciliation Act, 2015
• Cyber Crimes: As per jurisdiction rules of IT Act, 2000