CIVICNEST COMPREHENSIVE DISCLAIMER AND LIMITATION OF LIABILITY
Last Updated: March 21, 2026 | Version 1.3
This Disclaimer ("Disclaimer") contains important legal notices regarding the use of the CivicNest platform, including all websites, mobile applications, services, and features (collectively, the "Platform"). This Disclaimer, together with the Terms and Conditions and Privacy Policy, forms the complete agreement governing your use of the Platform. Please read this Disclaimer carefully before accessing or using the Platform. By accessing, registering, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by all provisions of this Disclaimer. If you do not agree with any provision, you must immediately cease use of the Platform.
1. SERVICE PROVIDED "AS IS". The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without any warranty, representation, or condition of any kind. CivicNest makes no warranty that the Platform will meet your requirements, be uninterrupted, timely, secure, or error-free. CivicNest expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, title, accuracy, completeness, reliability, currency, legality, or performance. CivicNest does not warrant that defects will be corrected, that the Platform is compatible with your equipment, or that the Platform will continue to operate in the manner you expect. Some jurisdictions do not permit disclaimers of implied warranties, in which case the above disclaimer may not apply to you, but CivicNest's liability shall be limited to the maximum extent permitted by law.
2. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIVICNEST, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR STATUTORY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, REVENUE, OR OTHER ECONOMIC LOSS, COST OF COVER, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE OR ECONOMIC LOSS, EVEN IF CIVICNEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF A LIMITED REMEDY PROVIDED IN THIS DISCLAIMER HAS FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not permit the exclusion or limitation of consequential or incidental damages, in which case the above limitation may not apply to you.
3. CAP ON LIABILITY. EXCEPT AS PROVIDED BY APPLICABLE LAW THAT CANNOT BE WAIVED, IN NO EVENT SHALL CIVICNEST'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO CIVICNEST IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM, (B) THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES UP TO A MAXIMUM OF ONE THOUSAND RUPEES, OR (C) IF YOU HAVE NOT PAID ANY FEES TO CIVICNEST, ONE HUNDRED RUPEES OR THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW, WHICHEVER IS GREATER.
4. NO LIABILITY FOR USER CONDUCT. CivicNest is not responsible for the conduct, actions, omissions, communications, content, or behavior of any user, third party, society member, administrator, or visitor. CivicNest does not control user-generated content, payment requests, complaints, or communications posted on or transmitted through the Platform. CivicNest makes no representation regarding the accuracy, completeness, legality, appropriateness, or safety of any user-generated content. You use user-generated content at your own risk. CivicNest shall not be liable for any disputes, claims, losses, or damages arising from interactions between users, conflicts between members and administrators, or allegations of harassment, fraud, or other misconduct by users.
5. PAYMENT PROCESSING DISCLAIMER. CivicNest is not responsible for any aspect of payment processing, including but not limited to transaction failures, processing delays, insufficient funds, authentication errors, payment gateway malfunctions, system outages, security breaches, chargebacks, dispute resolution, refund decisions, or any other payment-related issues. CivicNest does not control, authorize, approve, or deny any payment. All payment processing is exclusively handled by third-party payment gateways in accordance with their terms and policies. CivicNest shall not be liable for any losses, damages, or inconvenience arising from payment processing or transactions initiated through the Platform. Users acknowledge that responsibility for payment accuracy, authorization, and completion rests solely with the user and the payment gateway.
6. NO RESPONSIBILITY FOR PLATFORM CONTENT. CivicNest does not create, author, generate, verify, fact-check, or endorse any content on the Platform, including but not limited to payment requests, complaints, announcements, visitor information, billing data, or user communications. CivicNest makes no representation regarding the accuracy, completeness, truthfulness, legality, or appropriateness of any content. CivicNest shall not be liable for any inaccuracies, omissions, errors, misleading information, false representations, fraud, or illegality in any content. CivicNest is not responsible for fact-checking, verifying legitimacy, or validating the accuracy of payment requests, complaint details, or any other user-submitted information. You are responsible for independently verifying all information before relying on it or taking action based on it.
7. NO RESPONSIBILITY FOR ADMINISTRATIVE DECISIONS. CivicNest does not make, participate in, influence, or control any administrative decisions, including but not limited to approval or rejection of payment requests, refund determinations, membership status decisions, visitor pass approvals, complaint resolutions, or any other decisions affecting users or societies. All such decisions rest solely with each society's administrator, governing body, or ownership structure in accordance with the society's bylaws and applicable law. CivicNest shall not be liable for any administrative decisions, actions, or omissions by administrators or any consequences arising from such decisions. CivicNest does not have the authority to overturn, modify, or interfere with administrative decisions.
8. NO WARRANTIES REGARDING ACCURACY OR COMPLETENESS. CivicNest makes no warranty that any information on the Platform is accurate, current, complete, reliable, or appropriate for any purpose. Information may be outdated, incomplete, incorrect, or misleading. CivicNest does not represent that all information presented is comprehensive or addresses all relevant considerations. You should independently verify all information before relying on it. CivicNest is not responsible for any losses, damages, or decisions made in reliance on inaccurate or incomplete information on the Platform.
9. SECURITY DISCLAIMER. While CivicNest implements reasonable security measures, CivicNest does not guarantee that the Platform is completely secure, that your information will not be intercepted or accessed without authorization, or that your account will not be compromised. Cybersecurity threats exist, including but not limited to hacking, phishing, malware, ransomware, and social engineering attacks. CivicNest shall not be liable for any unauthorized access, data breaches, security incidents, loss or theft of credentials, or any damages arising from security compromise. You are responsible for maintaining the confidentiality of your credentials and reporting suspicious activity immediately. CivicNest is not responsible for cybersecurity incidents caused by user negligence, weak passwords, credential sharing, or failure to implement recommended security practices.
10. NO GUARANTEE OF AVAILABILITY OR CONTINUITY. CivicNest does not guarantee that the Platform will be continuously available or that service will not be interrupted. The Platform may be unavailable due to maintenance, updates, technical issues, hardware failures, software errors, system crashes, network outages, power failures, natural disasters, or any other cause. CivicNest may temporarily or permanently discontinue any feature, function, or service without notice. CivicNest shall not be liable for any losses, damages, or inconvenience arising from service interruptions, unavailability, downtime, or discontinuation of services.
11. NO RESPONSIBILITY FOR THIRD-PARTY SERVICES. The Platform may contain links to, integrate with, or reference third-party websites, applications, payment gateways, services, or content. CivicNest does not control, endorse, sponsor, or take responsibility for any third-party services. Your use of third-party services is governed by their terms and policies. CivicNest shall not be liable for any aspect of third-party services, including but not limited to performance, security, data handling, fees, service quality, or any disputes or claims arising from third-party services.
12. DISPUTE DISCLAIMER. CivicNest does not mediate, arbitrate, resolve, or participate in any disputes between users, between users and administrators, or between users and society management. CivicNest has no authority to resolve disputes, make determinations of fault or liability, or award damages. All disputes must be resolved directly between the parties involved or through the society's established dispute resolution procedures. CivicNest shall not be liable for any disputes, claims, losses, or damages arising from disagreements between users or between users and society authorities. By using the Platform, you waive any claim against CivicNest arising from disputes with other users or administrators.
13. NO LEGAL ADVICE. Nothing on the Platform constitutes legal, financial, tax, accounting, or professional advice. The Platform does not replace the need for professional consultation. You should consult with qualified professionals (attorneys, accountants, tax advisors) regarding any legal, financial, or tax matters. CivicNest shall not be liable for any consequences arising from your reliance on any information or guidance on the Platform or your failure to seek professional advice.
14. INTELLECTUAL PROPERTY DISCLAIMER. CivicNest does not warrant that your use of the Platform will not infringe third-party intellectual property rights. CivicNest does not represent that all content on the Platform is free from third-party intellectual property claims. You use the Platform at your own risk regarding intellectual property infringement. CivicNest shall not be liable for any intellectual property infringement claims arising from your use of the Platform.
15. INDEMNIFICATION ACKNOWLEDGMENT. You acknowledge and agree that you shall indemnify, defend, and hold harmless CivicNest and all related parties from any claims, losses, damages, liabilities, or expenses arising from your use of the Platform, your violation of this Disclaimer or the Terms and Conditions, your violation of applicable law, your infringement of third-party rights, or any disputes with other users or administrators. This indemnification obligation applies regardless of whether CivicNest is at fault or partially at fault.
16. MODIFICATION OF DISCLAIMER. CivicNest reserves the right to modify this Disclaimer at any time. Modifications are effective immediately upon posting. Your continued use of the Platform constitutes acceptance of the modified Disclaimer. CivicNest is not obligated to provide notice of modifications.
17. SEVERABILITY. If any provision of this Disclaimer is found to be invalid, unenforceable, or in violation of applicable law by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect. If the severance would materially alter the intent of this Disclaimer, the parties agree to negotiate in good faith to develop an alternative provision that achieves the original intent to the maximum extent permitted by law.
18. ENTIRE AGREEMENT REGARDING DISCLAIMER. This Disclaimer, together with the Terms and Conditions and Privacy Policy, constitutes the entire agreement regarding disclaimers and limitations of liability and supersedes all prior agreements, understandings, and representations, whether written or oral.
19. GOVERNING LAW AND JURISDICTION. This Disclaimer shall be governed by and construed in accordance with the laws of India without regard to conflicts of law principles. Any legal action, arbitration, or proceeding arising from or related to this Disclaimer shall be conducted in courts located in India. By using the Platform, you consent to the exclusive jurisdiction of Indian courts.
20. CONTACT INFORMATION. For questions regarding this Disclaimer, you may contact CivicNest at legal@elencocorporation.com or through the contact form on the Platform. CivicNest will attempt to respond within 30 business days.
By using CivicNest, you acknowledge that you have read and understood this Disclaimer in its entirety, understand the limitations of CivicNest's liability, understand the risks of using the Platform, and accept all terms and conditions set forth herein. This Disclaimer is a binding and enforceable agreement between you and CivicNest. If you do not agree with any provision, you must immediately discontinue use of the Platform.