Please read these Terms (defined below) carefully. By using this Platform (defined below) you agree to be bound by all of the below Terms and Privacy Policy (defined below).
Scope:
The Skydeck platform available at URL- https://skydeck.asteria.co.in, is a web based portal (“Platform”), owned, operated, and made available by Asteria Aerospace Limited located at 3rd Floor, Tellus Spaces, Khata No. 58/2782/7, Yelahanka New Town, Bengaluru – 560064 and/or its affiliates (“Company”, “we,” “us” and/or “our”, each of which term shall include our assignees, successors-in-interest and/or affiliates as determined by us at our sole discretion).
The Platform is an indigenously developed cloud-based platform and provides data analytics services enabling users to eliminate the gap between information and action for surveillance and security applications and other such information, as provided by the Platform from time to time (collectively known as “Services”) on any browser available on desktop monitors.
This is a legal agreement between you (the person viewing, using or accessing the Platform and/or the Services and hereinafter, referred to as “you”, “your”, or “User” as per the context) and us. Your use of the Platform and/or the Services is subject to these Terms and Conditions (“Terms”). By using the Platform, you represent and warrant that all information provided on the Platform by you is true, factual, accurate and complete, and you agree to maintain the accuracy of such information throughout your usage of the Platform.
These Terms set forth the legally binding terms and conditions for your use of the Platform, any sub-domains and any other services, features, content or widgets available through the Platform or sub-domains and the Services. Your use of the Platform and/or the Services requires that you agree to these Terms and the Privacy Policy of the Platform. By registering or signing up to the Platform, or otherwise having access to, receiving, and/or using the Platform and/or the Services, you acknowledge to have read, understood and consented to be governed and bound by these Terms and the Privacy Policy of the Platform, as amended from time to time. If you do not understand the Terms or the Privacy Policy of the Platform, or do not accept any part of them, then you may not use or access the Platform and/or the Services or proceed further.
The Terms are an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) (“IT Act") and rules thereunder and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act, and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2021, which mandates the publishing of rules and regulations, privacy policy and terms of use for access or usage of any platform. This electronic record is generated by a computer system and does not require any physical or digital signatures.
For avoidance of doubt, the term Platform is used in these Terms to mean the product under the name and style, “SkyDeck” (“Product”) which also includes the Platform and/or the Services as and when relevant.
These Terms, and the Privacy Policy apply to all Users of the Platform and together constitute a legal agreement (“Agreement”) between you and the Company in connection with your access to the Platform and/or use of the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION:
The Platform’s privacy practices regarding the collection, use and safeguarding of your information including any personal and sensitive personal information shall be governed by the Company’s Privacy Policy. Please refer to the Privacy Policy of the Platform available here: https://asteria.co.in/skydeck-privacy-policy ("Privacy Policy”). You agree and acknowledge that while using the Platform and/or availing our Services, you are involved in the transmission of sensitive personal information, including but not limited to your registration information. It is stated that such sensitive personal information shall be dealt with in accordance with our Privacy Policy. You confirm that you have read, fully understand and accept the Privacy Policy unconditionally.
Please note that your use of the Platform or Services on your device may be subject to the respective terms and conditions and privacy policies as may be published or made available by the device. Users may, at their sole risk and expense, elect to agree such terms and conditions and privacy policies and avail the services accordingly. The Company disclaims all such liabilities in this regard.
If the Users access or submit personal information, including any sensitive personal information to any of the Linked Sites (defined below) or applications, such access and information shall be governed by the terms of use and privacy policies of such third-party websites or applications, as the case may be, and the Company disclaims all responsibility or liability with respect to these terms, policies, websites or applications.
The Company reserves the right to record any of the telephonic conversations between you and the Company, its affiliates and its or their directors, consultants, employees, agents, partners, third party service providers, licensors or content providers (including telesales executives, customer support, customer experience executives and executives). You hereby agree that the Company will be permitted to record all telephonic conversations with you, irrespective of whether you are intimated of such recording during the course of such telephonic conversation or not. All telephonic conversations specified above may also be recorded for audit purposes, internal training, and/or quality control purposes.
MODIFICATIONS
Modifications of the Terms: The Company reserves the right at its sole discretion to change the Terms and Privacy Policy under which the Platform and/or Services are offered, including but not limited to the charges, if any, associated with the use of the Services and/or Platform, without any notice or any third party and the Company will not incur any liability in this regard. The Terms and Privacy Policy may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. The Company also reserves the right at its sole discretion to change, suspend, and discontinue the Services and/or the Platform (including without limitation, the availability of any feature, database, or content) or its usage at any time without any notice and without liability towards you or any third party. We will communicate any changes to these Terms and Privacy Policy to you. We may also impose limits on certain features of the Platform and Services or restrict your access to parts or all of the Platform and/or the Services without notice or liability. To make sure you are aware of any changes, it is your responsibility to check these Terms and the Privacy Policy periodically for any such changes. Your continued subscription and usage of the Services and Platform following the posting of any changes to these Terms and the Privacy Policy shall constitute as an acceptance of those changes.
Modification of Services/Products: The Company reserves the right to add, modify or delete any content or features available in the Services and/or Products at any time at its sole discretion, without any notice and without incurring any liability towards you or any third party.
LINKS TO THIRD PARTY SITES AND APPLICATIONS:
The Platform may contain links and integrations to other third party websites/applications ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link and/or features contained in a Linked Site, services provided by such Linked Site or any changes or updates to a Linked Site or any information transmitted on a Linked Site. The inclusion of any link does not imply endorsement by the Company of such Linked Site or any association with its operators.
Any dealings with third parties (including advertisers) included within or available via a link from the Platform or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Company shall not be responsible or liable for any part of any such dealings or promotions.
You acknowledge and agree that the use of any Linked Sites is governed by such third party’s terms of use, license agreement, privacy policy, or other such agreement. You understand that Linked Sites are the responsibility of the third party that creates or provides it and acknowledge that use of such Linked Sites is solely at your own risk. We make no representations and exclude all warranties and liabilities arising out of, or pertaining to such Linked Sites, including its safety, accuracy, integrity, quality or completeness. Further, the Users’ interactions with such third-party service providers through the Platform, including in respect of payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the respective User and third-party service providers. In no event shall the Company be liable for any damages arising out of any interaction between the User and such third-party service providers. The information provided on the Platform with respect to any third-party product or service is provided to the Users on an “as is, where is” basis only.
THE COMPANY FURTHER DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY. THE COMPANY ALSO EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO YOUR PERSONAL OR OTHER INFORMATION THAT MAY BE COLLECTED, PROCESSED, SHARED OR RETAINED BY ANY THIRD PARTY.
INTELLECTUAL PROPERTY RIGHTS:
The Company and related icons and logos are registered trademarks or trademarks pending registration in the name of the Company in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. Any unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user. All content on the Platform is the copyright of the Company, except any Linked Sites, including but not limited to the links to third party websites on the Platform, if any.
We are the sole owner or lawful licensee of all the rights associated with the Platform and its content. For the purpose of this clause, the content on the Platform includes but is not limited to its design, layout, text, images, graphics, sound, video, Services etc. as well as non-superficially visual functional elements. The Company, our affiliates or licensors of the content, as the case may be shall own title, interest and rights, including all related intellectual property rights, in/of the Platform including but not limited to object code of the Platform, features of Services, which is/are protected by the applicable laws except the content solely owned by the user (which proof of ownership may be requested by the Company at its sole discretion). You acknowledge that such ownership shall include but is not limited to all intellectual property rights arising from any suggestions, enhancement requests, recommendations or other information provided by the user, whether in the course of use of the Platform and/or Services or otherwise or through any other interactions with the Company whether these contributions are made through direct feedback, collaborative projects, solicited or unsolicited recommendations, or any other form of communication, they shall automatically become the exclusive property of the Company. This shall ensure that all enhancements, innovations, and ideas provided by you are fully integrated into the Company's intellectual property holdings, thereby supporting the continuous improvement and development of the Platform and the Services. You waive any claims to ownership or compensation for such contributions, affirming that all rights, titles, and interests in these intellectual property assets are transferred to and vested solely with the Company, at all times.
GRANT OF RIGHTS:
There will be several services listed on the Platform and your offer for purchase of the Company’s Services shall be subject to the Agreement. We reserve the right to accept or reject your offer in part or in full, with or without any reason whatsoever. The acceptance of your offer to avail the Services will take place upon the provision of the Services availed by you irrespective of whether any payment is received in this regard. No act or omission prior to the actual provision of Services to you will constitute acceptance of your offer.
The Company hereby grants a worldwide, limited, revocable, non-exclusive and non-transferable license to you, for use of the Platform, subject to the Agreement contained herein and solely to avail of the Services and Products available thereon. You are granted the right to utilize the Platform and its associated Services strictly for personal use, as outlined in these Terms. This grant of right does not extend to any commercial use of the Platform and its Services, which is strictly prohibited. It is stated that the Platform, including its design, layout, code and contents and all the material present and any rights in this regard are the exclusive property of the Company. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform and the Services, whether or not displayed on the Platform, are proprietary to the Company. Copying, reproducing (in whole or in part), reverse engineering or creating derivative works in any form or medium, without express written permission is prohibited. The Company does not grant any express or implied rights under any patents, trademarks, copyrights, trade secret information or any other intellectual property rights under these Terms. Any unauthorised use terminates the permission or license granted by us in terms of the Agreement.
You expressly understand and agree that: (a) The Company does not warrant that the functions contained in any Services, Linked Sites, information and materials on the Platform, including, without limitation any third-party sites or services linked to the Platform and/or that the Service will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such Services, Linked Sites, information and materials available are free of viruses or other harmful components; (b) Any material downloaded or otherwise obtained through the Platform are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your mobile phones or computer systems; and (c) The Company cannot and will not assure you that other Users of the Platform are or will be complying with the foregoing rules or any other provisions of the Agreement. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Subject to the Terms, the Platform allows you to upload, save, access, view and subscribe to various content including videos, audio, graphics, photos, raw data, information, text (such as comments), interactive features, software and other related materials (collectively, "Content”). We will not be held responsible or liable for any of the Content provided by you or other Users on the Platform. You agree that we reserve the right to remove any Content at our sole discretion. Notwithstanding the above, the Company does not monitor or edit the Content provided by you. The Company may decline to accept and/or remove any Content that contains any information inconsistent with the Agreement or which is unlawful in the Company sole opinion. Any Content uploaded by you shall be subject to applicable laws and the Agreement and may be disabled or may be subject to investigation under applicable laws. You may choose to write and post reviews on the Platform. We do not encourage you to post any personal information on the Platform and the ill effects of such revelation shall be borne by you. However, you may request the Company via a support request to delete any such information posted by you.
For each Content, you grant to us a worldwide, royalty-free, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit such Content, and to contact you about your Content, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials and advertising).
You represent and warrant that all Content including any photos, videos, raw data uploaded by you shall be either owned by you or you have valid authorization/license to manage such Content and the Content does not violate anything contained in this Terms and/or the applicable law. You represent and warrant that during the entire period that you will avail the Services, you will have all rights necessary to upload/back-up the Content and share the same with third parties through the Services at your sole risk and liability and use of the Content as contemplated in this clause, will not violate any law or any rights of any third parties. The Company disclaims any and all liability in connection with the Content. You agree that you, and not the Company, is entirely responsible for all of the Content that is transmitted, hosted, uploaded, posted, or stored in your Account (defined below) via the Platform. You assume all risks associated with use of the Content uploaded by you.
Further, the Content uploaded by you shall not and in no manner:
(a) belong to another person and to which you do not have any right to or includes any third party sensitive personal information, as defined under the applicable laws, without the prior express consent of such concerned third party;
(b) is 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 whatsoever;
(c) harm minors in any way;
(d) infringe any patent, trademark, copyright or other proprietary rights including but not limited to trade secret, design, geographical indication, right of publicity, privacy rights and/or any other rights of any third person or any entity without any license or permission of such party;
(e) breach or has the tendency to breach the Agreement or violates any law for the time being in force including but not limited to the Information Technology Act, 2000, Indecent Representation of Women and Children Act, 2008 and the Indian Penal Code, 1860 which prohibits reproduction of any content pertaining to obscenity and indecent representation of women in India;
(f) deceive or mislead the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person or an entity, including any of our or our affiliate’s employees or representatives or personnel or is fraudulent, false, misleading, untruthful or inaccurate;
(h) contain software viruses or any other computer code, worms, logic bombs, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or interfere with the proper functioning of our Services or any software, hardware, or telecommunications equipment or to damage or to obtain unauthorized access to any system, data, password or any of our other information;
(i) threaten 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 any other nation.
Testimonials appearing on the Platform, whether as part of the Content or otherwise, are received in various forms via a variety of submission methods (“Testimonials”). The Testimonials may reflect the real-life experiences of Users who have used the Platform and/or Services. However, individual results may vary. We do not claim, nor should the User assume, that any individual experience recounted is typical or representative of what any other User might experience. To the extent permitted by applicable law, the Company assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any Services, the Platform fitness activity or recommendation contained in any Testimonials. Testimonials are not necessarily representative of what anyone else using our Platform and/or Services may experience.
USE LIMITATIONS:
Services offered by the Platform are intended solely for the purposes determined and approved by the Company in writing from time to time.
You shall use this Platform for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Platform. You covenant that you will not: (a) modify any content of the Platform; (b) decompile, reverse engineer, or disassemble the content including but not limited to the Services and any Linked Sites; (c) use the Service in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion; (d) make false or malicious statements against the Service or Platform or the Company; (e) post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contains a virus or other harmful component, or otherwise impair or damage the Platform and/or Service or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform and / or the Service; (f) engage in any form of antisocial, disruptive, or destructive acts on the Platform, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet; (g) post or upload any Content that is libelous, defamatory, abusive, threatening, harassing, hateful and offensive or otherwise violates any law or right of any third party; or (h) delete or modify any content of the Platform and/or Service, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
As a condition of your use of the Platform, you warrant to the Company that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Platform.
You are not entitled to use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the Platform or any of its Services.
You may not use the Services and/or Platform if (i) you have been convicted of any offence under applicable law; (ii) if you are under the age of 18 years subject to these Terms and the Privacy Policy.
You agree that you will not upload on the Platform, any Content that is contrary to the Terms and guidelines provided in Clause 6 above, the Privacy Policy, or any other policy of the Company, as updated from time to time, or that is contrary to applicable laws and regulations. If any such Content is uploaded on the Platform and in your Account in any manner and for any reason whatsoever, you shall ensure that such Content is deleted from the Services and your Account immediately.
USER NAMES AND PASSWORDS
You will be required to register on the Platform in order to access Services of the Platform. All Users will have to register on the Platform and at the time of registration, all Users will have to provide certain personal information such as his/her name, age, contact details, e-mail address, call back preference time and any other specific information in relation to the Services. Following this, an exclusive account with a username and password will be created for each User (“Account”). Note that registration is only a one-time process and if you have previously registered on the Platform, you may login into your Account using the same credentials as provided by you during the initial registration process.
You must ensure to create only one Account and also ensure that any information provided is not inaccurate, misrepresenting or false.
You are responsible for maintaining the confidentiality of any password you use to access the Account on the Platform and you agree not to transfer such passwords or user names or lend or otherwise transfer your use or access to the Platform to any third party and restrict access to your computer or mobile or other similar device to prevent unauthorized access to your Account. We request you to safeguard your password and your Account and make sure that others do not have access to it. It is your responsibility to keep your Account information current and accurate. You agree to ensure that you will exit from your Account at the end of each session. You agree to immediately notify us of any unauthorized use of your passwords or user names or any other breach of security related to your Account. You are fully responsible for all use of the Platform and any Services that occur in connection with your Account due to authorized or unauthorized use of your Account, as a result of your failure in keeping your Account information secure and confidential. The Company cannot be held liable and will not be liable for any loss or damage to you or any third party arising from your failure to comply with these conditions. You will be held liable for losses incurred by the Company, Platform or any other User of the Platform.
You understand that once you register as a User on the Platform, you may receive SMS messages or e-mails from the Company on your registered mobile number/email. These emails/SMS messages could relate to your registration, information about the Platform or Services, transactions that you carry out through the Platform and promotions that are undertaken by the Company. Please note that the Company will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transactions that you wish to enter into. Further, the Company may also send notifications and reminders to you with respect to the Services availed by you. Please note that while the Company endeavors to provide these notifications and reminders to you promptly, the Company does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you.
We reserve the right to refuse your access to the Platform and/or Services, to terminate accounts, remove or edit content at our discretion. Your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility or liability for internet related issues, howsoever caused.
SUBSCRIPTION PLAN:
The User can obtain information about the Company, its products, packages and services, purchase such products and packages made available by the Company, subscribe to Services offered by the Company and/or manage their purchased subscription, through the Platform. If you wish to avail any of the Services offered by the Company on the Platform, you may subscribe to such Services. Upon subscription and subject to payment of the subscription fee (as may be specified), such Services will be offered to you. By subscribing to such Services, you agree that you are appointing the Company to provide the Services to you on the terms of the Agreement and any other terms as may be notified to you or displayed on the Platform from time to time.
We may offer different kinds of subscription plans as available on subscription plan link or on the plans page on Platform (“Subscription Plans”), each of these Subscription Plans will be subject to different limitations and restrictions and the cost of each of these Subscription Plans may vary at the sole discretion of the Company. We may, at our sole discretion, also offer certain features, benefits and value additions, that are over and above the features and benefits specifically made available to you under your existing Subscription plan, for an additional fee, or otherwise.
The Subscription Plans and Services are non-transferable i.e., only the person in whose name the subscription is made will be eligible to avail the Services through the Platform (as per the terms of the Subscription Plan). Prior to providing the Services to you, we may request you to provide supporting documents (including address proof, subscription fee payment transaction details etc.) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
Subject to realisation of corresponding payment in accordance with Clause 10.2 hereinbelow, the Subscription Plan shall be auto-renew as per the plan chosen by you, unless and until the Services are suspended or terminated in accordance with Clause 12 below or the Subscription Plan or its fees is amended/ modified by us, pursuant to these Terms. You shall be notified of any changes to the Subscription Plan or its fees, and any such changes will take effect at the start of the next billing cycle following the notice. It is your responsibility to review any amendments or modifications to ensure your continued compliance and understanding of the terms associated with your Subscription Plan.
You agree and acknowledge that all purchases on the Platform (including purchase of Subscription Plan) by you are non-refundable. You further agree and acknowledge that no refund requests shall be entertained or accepted, and you hereby waive any right to initiate such requests under these Terms. Subscription Plans to certain Services may have additional terms and conditions which will be communicated to you from time to time in a mode and manner prescribed by us.
GENERAL:
Use Restriction: You must not access the Platform if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or Services under the laws of India.
Payments:
Payments due from you for the Services, Products and/or for access to the Platform (if any) will be made by you as per the selected Subscription Plan. You will be charged for the corresponding fees of the Subscription Plan opted by you, if the payment method selected by you supports the same.
In the event there is a delay in payment of more than 15 (fifteen) days from the due date of renewal of the Subscription Plan, the Company may suspend the provision of the Services under such Subscription Plan forthwith until such time as the payment is received without incurring any liability. The Company shall be relieved of its obligations under these Terms in the event of non-payment of the fees or expenses due and shall retain the rights in the application/Services/Products for which the amount is outstanding.
The subscription fees specified for each Subscription Plan are inclusive of applicable taxes.
While making payments though the payment gateways available on the Platform, you hereby agree to be governed and bound by the terms and conditions of the third-party payment gateway service providers, including any convenience fee levied by such service provider. The Company is not responsible for any errors, delays, or issues arising from the payment gateway's processing of your payment. You are encouraged to review the terms and conditions of these third-party service providers prior to making any transactions to ensure you are fully aware of your obligations and any associated fees. By proceeding with the payment, you accept these conditions and consent to the applicable fees, which may vary depending on the chosen payment gateway.
You explicitly authorize the Company through the Platform to collect, process, facilitate and remit the fees electronically. When making payments for Subscription Plans, you acknowledge and agree that all payment methods available on our Platform are integrated and designed to facilitate secure and convenient transactions. These integrated payment methods may include credit/debit cards, electronic funds transfers, mobile wallets, or any other methods as may be supported by our Platform from time to time, at our sole discretion. It is your responsibility to select a valid and accepted payment method when completing transactions on our Platform. You understand that we reserve the right to update or modify the available payment methods without any prior notice to you.
While availing any of the payment methods made available through 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:
lack of authorization for any transaction/s; or
exceeding of the pre-set limit mutually agreed between you and the financial services providers you deal with; or
any payment issues arising out of the transaction; or
decline of transaction for any other reason(s).
Third-Party Fees: You may incur access or data fees from third parties (such as your internet provider or mobile carrier) in connection with your use of Services and of Platform. You are solely responsible for all such fees.
All payments made against any purchase of the Subscription Plans or availing the Services, shall be compulsorily in Indian Rupees, unless otherwise notified by us in writing. We, at our sole discretion, reserve the right to charge a separate fee in respect of different categories of Users. The charges including but not limited to the fees under the Subscription Plans may be different at different points of time.
Updates: You may need to install updates to the Platform or related software that we introduce from time to time to improve the use of the Platform. Services originating from the Platform may communicate with the servers from time to time to check for available updates to the Services and to the functionality of the Platform, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Services you have installed requires that you have agreed to receive such automatically requested Updates. By using the Platform, you acknowledge and agree that these Updates are essential for maintaining the security, performance, and overall functionality of the Platform. You further consent to the automatic download and installation of these Updates without any additional notice or prompt. Failure to install Updates may result in a disruption or cessation of the Services, and the Company shall not be liable for any issues arising from such non-compliance. We reserve the right to implement critical Updates at our discretion to ensure the integrity and security of the Platform. It is your responsibility to ensure that your device is compatible with and capable of receiving these Updates to continue using the Platform efficiently
Accuracy of Information: You agree that the information entered by you while profile creation/ updation or using any of the Services or the Platform is true, current, complete and accurate in all respects at all times. The Company is not responsible for any losses arising out of discrepancy in your data under your Account. You are solely responsible for maintaining confidentiality and security of your Account and for all activities that occur on or through your Account. The Company is not responsible for any losses arising out of the unauthorized use of your Account.
INDEMNITY AND LIABILITY DISCLAIMER
You hereby agree to indemnify, defend, and hold the Company, the Company’s affiliates and the Company’s and the Company’s affiliates’ agents, officers, personnel, directors, consultants, representatives, authorized users, employees, and assigns harmless from and against any and all losses, damages, liabilities and costs (including without limitation attorneys’ fees) arising from (a) your use or misuse of, or access to the Platform or the Services; (b) your violation of the terms of the Agreement or the applicable law; (c) infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity, (d) unauthorized use of the Services, or use of the Services in contravention of these Terms, or (e) any claims or disputes between you and any third party whose services or products you may have accessed through the Platform including for any claims relating to non-payment and/or misuse of such third party products and/or services. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defense.
YOU ACKNOWLEDGE AND UNDERTAKE THAT YOU ARE ACCESSING THE SERVICES THROUGH THE PLATFORM, TRANSACTING AT YOUR OWN RISK AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTION WITH ANY THIRD PARTY OR AVAILING ANY SERVICE(S) THROUGH THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS, THE PLATFORM OR THE SERVICES OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE PLATFORM, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE PLATFORM, THE CONTENT THEREON OR THE SERVICES. FURTHER, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE PLATFORM OR SERVICES BY THE COMPANY OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ANY EQUIPMENT AND ANCILLARY SERVICES (INCLUDING THE PAYMENT OF ANY ADDITIONAL FEES THEREFORE) REQUIRED TO CONNECT TO, ACCESS OR OTHERWISE USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, VIDEO-ENABLED DEVICES, VIDEO COMMUNICATION SERVICES, MODEMS, HARDWARE, SERVERS, SOFTWARE, OPERATING SYSTEMS, NETWORKING, WEB SERVERS, INTERNET AND TELEPHONE SERVICE (COLLECTIVELY, “EQUIPMENT”). YOU WILL ALSO BE RESPONSIBLE FOR MAINTAINING THE SECURITY OF THE EQUIPMENT AND FOR ALL USES OF THE EQUIPMENT WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT.
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND OTHER MATERIALS YOU TRANSMIT THROUGH THE SERVICE OR SHARE WITH OTHER USERS OR RECIPIENTS. YOU WILL NOT TRANSMIT ANY CONTENT THAT YOU DID NOT CREATE OR THAT YOU DO NOT OWN ALL RIGHTS, TITLE AND INTEREST IN AND TO, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHT AND RIGHTS OF PUBLICITY CONTAINED THEREIN.
THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES AND RELATED CONTENT CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES AND RELATED CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND SERVICES AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN THE USE OF THE INTERNET AND OTHER ELECTRONIC COMMUNICATIONS, THE ACCESS AND USE OF THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, OMISSIONS AND SUCH OTHER PROBLEMS INCIDENTAL THERETO. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE CONTROL OF THE COMPANY. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL SERVICES OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE PLATFORM BY ANY THIRD PARTY. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED DUE TO PROVISION OF INCORRECT/FALSE/INCOMPLETE INFORMATION BY THE USER.
SAVE TO THE EXTENT REQUIRED BY LAW, WE ARE ACTING AS AN INTERMEDIARY AND WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU.
The Company shall not further be liable or responsible for: (a) any failure to perform, or delay in performance of, any of the Company’s obligations under these Terms that is caused by any act or event beyond the Company’s reasonable control, including force majeure events; (b) any failure to perform, or delay in performance of, any of the Company’s obligations under these Terms or any financial loss that is caused by a third-party service; (c) the Platform not meeting your individual requirements or the Platform containing defects or errors, as the Platform has not been developed specifically for you. It is your responsibility to ensure that you use the Platform and functions of the Platform meet your requirements; and (d) any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the Platform and/or the Services. Further, none of the directors, officials, consultants or employees of the Company or its affiliates shall be personally liable for any action in connection with the Platform or the Services. We shall neither be liable nor responsible for any actions or inactions of the other Users of the Platform nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other Users of the Platform.
The Company makes no representation that the Platform, Services and content including the Services and any Linked Sites contained on the Platform is appropriate to be used or accessed outside the Republic of India. If you use or access the Platform or avail Services from outside the Republic of India, you do so at your own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may it be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.
Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under the Terms.
TERMINATION AND CANCELLATION:
Unless otherwise provided in these Terms and subject to other remedies available to the Company under law, the Services offered to you may be terminated by the Company, and/or your access to the Platform may be terminated or suspended with or without notice (a) if you breach any of the terms contained in the Agreement or the applicable law; (b) if your use of the Services or the Platform, in our reasonable opinion may result in a security issue; and (c) without assigning any reasons at any time at the sole discretion of the Company. Upon suspension or termination, your right to avail the Services and access to the Platform will immediately cease and the Company reserves the right to remove or delete your information that is available, including but not limited to login and Account information.
If you wish to terminate your Account or cancel your existing Subscription Plan, you may do so by initiating a support request by sending us an email from your registered email-id or through other such means as provided by us on the Platform. Your Subscription Plan will continue to remain active till the end of the then current term, irrespective of when you cancel the Services. It is further clarified that upon cancellation, you will retain access to all features and benefits of your Subscription Plan until the conclusion of the current billing cycle. Should you choose to re-subscribe after cancellation, the terms and conditions, including any applicable fees, will be based on the prevailing rates and policies at the time of re-subscription.
Any request for change or cancellation in any Subscription Plan prior to the expiration of the then current term period will not entail you to a refund for any portion of the subscription fees paid by you for the unexpired period of the current term.
Upon termination / suspension, you will have the option to download the data as available under your Account, within 15 (fifteen) days from the end date of the current term of the Subscription Plan opted by you, post which, we will not be liable to maintain your data on our database, and you shall not have the right to use or access the Platform/Services.
After termination of your Subscription Plan, the Company reserves the right to retain your data as per applicable law. You acknowledge and agree that this retention is to comply with legal obligations, resolve disputes, and enforce agreements. The duration for which your data is retained will be in accordance with the relevant legal requirements and the Company’s data retention policies. You may request further information about the Company's data retention practices by contacting the support team as per the details provided under these Terms.
All provisions of these Terms which by their nature survive termination shall survive termination.
GOVERNING LAW AND DISPUTE RESOLUTION:
These Terms and the Privacy Policy are transactions entered into and the relationship between you and the Company are governed and construed in accordance with the laws of India without reference to any conflict of laws principles. Subject to Clauses 13.2 below, the courts in Mumbai shall have exclusive jurisdiction to hear disputes arising out of these Terms or in connection with your use of the Platform or the Services.
Any dispute, claim or controversy arising out of or in connection with these Terms, or the breach, termination, enforcement, interpretation or validity thereof, or your use of the Platform or the Service or information to which it gives access shall be referred to and resolved by arbitration with seat in Mumbai in accordance with the Arbitration and Conciliation Act, 1996, including any statutory amendments thereto. All proceedings of such arbitration, including without limitation, any awards, will be in English language. The award will be final and binding on the parties.
Notwithstanding anything to the contrary, the parties may agree to conduct the arbitration proceedings virtually through video conferencing or other audio-visual means as may be mutually agreed by the Parties in accordance with applicable law.
FORCE MAJEURE:
If the whole or any part of the performance by the Company of any part of its respective obligations under the Agreement is prevented or delayed by causes, circumstances or events beyond the control of the Company including delays due to act of God, war, disease including but not limited to epidemics or pandemics, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, manmade disaster, infrastructure failure, systemic electrical, telecommunications, network or other utility failures affecting the Company or any other cause whatsoever beyond the control of the Company, then to the extent the Company shall be prevented or delayed from performing all or any part of its obligations under the Agreement by reason thereof, despite due diligence and reasonable efforts to do so notwithstanding such causes, circumstances or events, the Company shall be excused from penalty or performance under the Agreement for so long as such causes, circumstances or events shall continue to prevent or delay such performance.
SEVERABILITY:
If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that part of these Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms.
MISCELLANEOUS:
The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Unless otherwise specified in these Terms and the Privacy Policy, all notices hereunder will be in writing and will be deemed to have been duly given when received or when receipt is electronically confirmed, if transmitted by e-mail.
You hereby expressly agree to receive communication from the Company by SMS, WhatsApp messages and e-mails. You can unsubscribe/opt-out from receiving communications and newsletters from the Company at any time by following the procedure set forth in the Platform.
No term of the Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
In respect of these Terms and the Privacy Policy and your use of these Services, nothing in these Terms and the Privacy Policy shall be deemed to grant any rights or benefits to any person, other than us and you, or entitle any third party to enforce any provision hereof, and it is agreed that we do not intend that any provision of these Terms and the Privacy Policy should be enforceable by a third party as per any applicable law.
CONTACT DETAILS:
Should you have questions about these Terms and the Privacy Policy or information collection, use and disclosure practices in relation to the Services, you may contact our Grievance Officer at:
The Grievance Officer shall redress your grievances within 1 (one) month from the date of receipt of your written grievance to the contact details provided here.
