Please read these Terms and Conditions carefully. By using this platform you agree to be bound by all of the below Terms and Conditions and Privacy Policy.
Scope:
The Skydeck platform with URL at https://skydeck.asteria.co.in is a web based portal (“Platform”), owned, operated, and provided by Asteria Aerospace Limited and/or its affiliates (“Company”, “we,” “us” and “our”) located at 3rd Floor, Tellus Spaces, Khata No. 58/2782/7, Yelahanka New Town, Bengaluru - 560064.
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 portal from time to time (collectively known as “Services”) on any browser available on desktop monitors.
Your (“you”, “your” or “user”) use of the Platform is subject to these Terms and Conditions (“Terms”).
Your use of the Platform 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, you acknowledge to have read, understood and you consent to be governed and bound by these Terms and the Privacy Policy of the Platform. If you do not understand the Terms or the Privacy Policy of the Platform, or do not accept any part of them, then you should not use the Platform.
The Terms are an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) (“IT Act") and rules thereunder 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.
In providing the Services, the Company is merely acting as a passive conduit to facilitate storage, transfer of the content by you and therefore the Company is an intermediary ("Intermediary") under the Information Technology Act, 2000 as amended and the relevant rules made thereunder.
For avoidance of doubt, the term Platform is used in these Terms to mean the product which also includes the Platform as and when relevant.
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://skydeck.asteria.co.in/privacy-policy ("Privacy Policy”).
Please note that your use of the Platform or Services on your device may be subject to the respective privacy policies as may be published or made available by the device.
MODIFICATIONS
Modifications of the Terms: The Company reserves the right at its sole discretion to change the Terms under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. The Terms 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 (including without limitation, the availability of any feature, database, or content) or its usage at any time. We will communicate any changes to these Terms to you. We may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms and the Privacy Policy periodically for changes. Your continued subscription and use 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 or Products at any time at its sole discretion.
LINKS TO THIRD PARTY SITES AND APPLICATIONS:
The Platform may contain links and integrations to other 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 contained in a 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.
THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY. THE COMPANY 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 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 owned by the user. You acknowledge that such ownership shall include 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 or otherwise.
GRANT OF RIGHTS:
The Company hereby grants a non-exclusive and non-transferable license to you, for use of the object code version of the Platform, subject to the Terms and Conditions contained herein and solely to avail of the Services and Products available thereon. 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. 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.
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 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) belongs to another person and to which you do not have any right to;
(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) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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 any other nation.
You acknowledge that the Company is only an Intermediary with respect to all content. On receipt of a complaint in accordance with clause 17 from anyone that your content/information allegedly infringes the intellectual property rights of a third party, or violates the restrictions as stated in these Terms, the Company may remove or disable access to your content/information, with or without prior notice to you.
USE LIMITATIONS:
Services offered by the Platform are intended solely for the purposes determined and approved by the Company from time to time.
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. For users of the Platform who are under the age of 18 years, the usage of the Platform either by your parents (or your guardian) or by you with the permission of your parents (or guardian) will be deemed as your acceptance of these Terms.
You agree that you will not upload on the Platform, any content that is contrary to the Terms and guidelines provided in Clause 6.3 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 may be required to register your account on the Platform in order to access certain Services of the Platform.
You must ensure to create only one account and also ensure that any information provided is not misrepresenting or fake.
You are responsible for maintaining the confidentiality of any password you use to access 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. You agree to notify us of any unauthorized use of your passwords or user names or any other breach of security related to your account of which you become aware. You are fully responsible for all use of the Platform and any Services that occur in connection with your user name, except to the extent that any unauthorized use is not caused by any breach of your obligations under these Terms.
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 within 30 (thirty) days upon receipt of an invoice. In the event there is a delay in payment of more than 15 (fifteen) days from the due date, the Company may suspend the provision of the Services forthwith until such time as the payment is received. 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.
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.
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
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.
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.
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. The Company is not responsible for any losses arising out of discrepancy in your data. You are solely responsible for maintaining confidentiality and security of your user account and for all activities that occur on or through your user account. The Company is not responsible for any losses arising out of the unauthorized use of your user account.
LIABILITY DISCLAIMER
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
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.
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.
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 (TEMPORARY AND PERMANENT DISABLEMENT):
Unless otherwise provided in these Terms, the Services offered to you may be terminated by the Company, and/or your access to the Platform may be suspended subject to a notice of 15 (fifteen) days to you (a) if you breach any of the terms contained herein or in the Privacy Policy; (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.
If you wish to terminate your account, 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.
Any fees paid hereunder are non-refundable.
Upon termination / suspension, you shall not have the right to use or access the Platform/Services.
All provisions of these Terms which by their nature survive termination shall survive termination.
GOVERNING LAW AND DISPUTE RESOLUTION:
These Terms are governed and construed in accordance with the laws of India. Subject to Clauses 12.2 below, the courts in Mumbai shall have exclusive jurisdiction to hear disputes arising out of these Terms.
Any disputes arising out of or in connection with these Terms, shall be referred to and resolved by arbitration with seat in Mumbai in accordance with the Arbitration and Conciliation Act, 1996.
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:
The Company shall be under no liability whatsoever in the event of non-availability of any portion of the Platform or subscribed content/Services occasioned by an 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 or any other cause whatsoever beyond the control of the Company.
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:
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.
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:
Rashida Husain,
Grievance Officer
Email: rashida.husain@asteria.co.in
The Grievance Officer shall redress your grievances expeditiously.
