TERMS OF SERVICE
to as the “Website”).
USE OF WEBSITE
It is agreed by you that by using our Products and Services, it does not give you ownership of any Intellectual Property Rights (defined below) in them or the content that you access. Further, by using the Products and Services you are not granted the right to use any branding or logos used in them, and you are prohibited from removing, or altering any information displayed in or along with our Products and Services.
YOUR REGISTRATION INFORMATION
Your account on the website gives you access to the services and functionality that the Company establishes and maintains from time to time. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. That Login ID and password, together with your mobile number or other contact information you provide from your “Registration Information". We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You must notify the Company immediately of any breach of security or unauthorized use of your account. The Company will not be liable for any losses caused by any unauthorized use of your account. You may control your user profile and how you interact through the website and through the use of Products and Services, by changing the settings therein. By providing your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Products and Services and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Some areas of the website and the Products and Services, allow you to post content such as your name, email address, phone number, current address, or current location (in case of use of certain Products and Services that require the same), such information that you submit, post, display, or otherwise make available on the website or in the process of using any of the Products and Services shall constitute “User Content". The Company claims no ownership rights over any User Content provided by you; however, by sharing such information, you agree to allow others to view and/or share your User Content in accordance with your settings in the use of Products and Services. Further, the Company shall not retain any of the User Content for longer than is required for the purposes for which the User Content may lawfully be used.
Further, you agree not to post or transmit any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) interferes with other users of the website or Products and Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the website, Product and Services and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You agree that any information that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. The Company reserves the right but is not obligated, to reject and/or remove any such information that it believes, in its sole discretion, violates these provisions.
SOFTWARE IN THE PRODUCTS AND SERVICES
You agree that the Company gives you a personal, royalty-free, non-assignable, and non-exclusive license to use the Products and Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products and Services as provided by the Company, in the manner permitted by these terms. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time-sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software
RIGHTS YOU GRANT TO US
As the owner of any information, data, passwords, usernames, PINs, other log-in information, materials or other content (collectively, “Accounts Content") you provide to us through the use of the website or any of the Products and Services, you are licensing the Accounts Content to the Company solely for the purpose of that use. The Company may use such Accounts Content, but only to provide the use of Products and Services to you. By submitting Accounts Content, you represent that you are entitled to submit it to the Company for use, without any obligation by the Company to pay any fees or other limitations. You hereby authorize and permit the Company to use information submitted by you to the website (including but not limited to account passwords and user’s names) to accomplish the foregoing and to configure the Products and Services so that it is compatible with the third party Websites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the use of Products and Services, you grant the Company a limited power of attorney, and appoint the Company your attorney-in-fact and agent, to access third-party Websites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN THE COMPANY IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY WEBSITES, THE COMPANY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
ACCESS AND INTERFERENCE
YOU AGREE THAT YOU WILL NOT:
a.) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the website or the Products and Services or any portion of it, without the Company's express written consent, which may be withheld in the Company's sole discretion;
b.) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Company, other than the search engines and search agents available through the website and other than generally available third-party web browsers (such as Microsoft Explorer);
c.) Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the website or the Products and Services; or
d.) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the website or Products and Services.
e.) Users agree not to use or launch any automated system, including, without limitation, “robots," “spiders," “offline readers," etc., that accesses the website or Products and Services in a manner that sends more request messages to its servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
INTELLECTUAL PROPERTY RIGHTS
For the purposes of this Agreement, “Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or another jurisdiction.
OUR PROPRIETARY RIGHTS
Except for your User Content, the website and Products, and Services and all materials therein or transferred thereby, including, without limitation, software, images, maps, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Application Content"), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors (including other Users who post User Content to the Service).
Further, some of the Products and Services may be offered by the Company in conjunction with third parties. In such a case, the third parties will have the right to seek damages from you in case there is any breach of its Intellectual Property Rights by you.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Application Content. Use of the Application Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You understand and agree that any alerts provided to you through the use of websites and Products and Services may be delayed or prevented by a variety of factors. The Company does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that the Company shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
The Products and Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company. The Company does not endorse or assume any responsibility for any such third-party Websites, information, materials, products, or services.
If you access a third-party website from the Products and Services, you do so at your own risk, and you understand that this Agreement and the Company's
Privacy Policies do not apply to your use of such Websites. You expressly relieve the Company from any and all liability arising from your use of any third-party
website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Products and Services, including
payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not
be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
The Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their
employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the website and Products and Services, including any data
or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the
representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual
Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or
any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate
Further, you agree that, if you are using our Products and Services on behalf of a business, that business accepts these terms. It will hold harmless and
indemnify the Company and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Products
and Services or violation of any of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation
costs and attorneys' fees.
DISCLAIMER OF REPRESENTATIONS AND
THE CONTENT ON THE WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS" AND “AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR THE PRODUCTS AND SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR PRODUCTS AND SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITE OR PRODUCTS AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
COMPANY'S LIABILITY FOR ITS PRODUCTS
It is agreed by you that, when permitted by law, the Company, will not in any way be responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. In all cases, the Company, will not be liable for any loss or damage that is not reasonably
All disputes arising out of or incidental to the Policies mentioned herein shall be settled through Arbitration before a sole Arbitrator appointed by the Company, under the Arbitration and Conciliation Act 1996 [Indian Government Act] or as amended. The place of arbitration shall be New Delhi, India
GOVERNING LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with the Policies shall be governed by and construed in accordance with the law of The Republic of India
and the courts of New Delhi Shall have the exclusive jurisdiction to entertain any disputes.
The Company reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or
ability to access the web-site and/or use the services.
hereby express that it has no objection upon any call/SMS/ Communication by the Company, any third party on its behalf or any other party authorized by the Company, communicating to User with regard to the Services. Notwithstanding User's registration with National Do Not Call Registry (In Fully or Partly
blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accords its willful consent to receive communication (including commercial communication) in relation to the Company’s Services. The user further confirms
that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI and other alike authorities in other country’s guidelines and the User has specifically opted to receive communication in this regard on the telephone number provided by the User
By submitting our Webform, you agree to receive promotional calls on the number shared, and such calls and SMS would be coming from a third party platform.
No customer shall threaten or attempt to threaten The Company or any agent/employee etc., in any course or capacity to lodge or attempt to lodge any civil or criminal complaint in any forum/court/tribunal in order to receive any monetary or any other favor.
if any customer is found to do any such activity then evanik shall have the liberty to take appropriate civil/criminal actions against the same customer.
The Company shall address any discrepancies and grievances that you may have regarding the use of the Products and Services in a time-bound manner. For this purpose, the Company has designated a grievance officer who shall redress the grievances within one month 'from the date of receipt of the grievance.
We protect information both online and off-line. The transmission of information is encrypted and protected using Secure Sockets Layer (SSL).