In these Terms of Use, the words “you” and “your” refer to
each customer or Site visitor or User. “we”, us” and “our” refer to Evanik
Networks Private Limited. The Terms of Use governs your use of the website and
Products & Services available under the domain www.evanik.com (hereinafter referred
to as the “Website”).

BY
ACCESSING THIS WEBSITE, ANY PAGES THEREOF OR AVAILING OUR SERVICES, YOU AGREE
TO BE BOUND BY THE TERMS OF USE AS BELOW, INCLUDING ANY FUTURE AMENDMENTS
(HEREINAFTER COLLECTIVELY REFERRED TO AS THE “TERMS OF USE"). IF YOU
DO NOT AGREE TO THE TERMS OF USE AS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY
PAGES, OR AVAIL OUR SERVICES THEREOF. WE ENCOURAGE YOU READ THE TERMS OF USE
ENTIRETY BEFORE YOU USE THE WEBSITE.

By using
this website, you agree to be bound by the following: (1) the eVanik Terms of
Use (hereinafter referred to as the “Terms of Use"); and (2) the
eVanik Privacy Policy (hereinafter referred to as the “Privacy
Policy") including any future amendments herein. That the Terms of Use
& Privacy Policy shall hereinafter be also referred collectively as the
“Policies”. You also agree that by using this website or install or use any of
the applications, made available on this website, you had read and understood
the Policies mentioned herein, as together the said Policies forms a binding
agreement (“the Agreement") between you and Evanik Networks Private
Limited (the “Company") regarding your use of this website and the applications
provided herein.

AGE CONFIRMATION

You
affirm that you are more than 18 (Eighteen) years of age having sound mind,
with free will and without any coercion or undue influence and fully able and
competent to enter into the Agreement, Policies, terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of Use.

ACCEPTANCE

The
following Terms of Use govern your use of the website, services, and
applications, and documents being made available to you (collectively the
“Products and Services”). By creating an account on the website or by using the
Products and Services, you signify electronically your agreement to all
Policies, terms, conditions, and notices contained or referenced herein and to
resolve any disputes with Company in the manner as given in the present Terms
of Use.

Further,
you agree that the Company reserves the right, and has the sole discretion to
amend any clauses by way of addition, variation or repeal or revise these Terms
of Use and other policy at any time. Your continued use of the website and the
Products and Services following the posting of any changes to the Terms of Use
constitutes acceptance of those changes.

USE OF WEBSITE

You may
use the website and the Products and Services provided through it, only if you
agree to be bound by terms of this Terms of Use, and only in compliance with
this Agreement and all applicable local, state, national, and international
laws, rules, regulations, and Notifications. You agree to use the website and
the Products and Services as provided on it, only in a manner which is
permitted by law and agrees to never misuse the same. In case the Company finds
any non-compliance by you of the Policies, the Company may suspend your account
on the website or stop providing you the Products and Services.

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 form 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.


USER CONTENT

Some
areas of the website and the Products and Services, allow you to post content
such 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

The
Product(s) and Service(s) are could technology software, this software may
update automatically, once a new version or feature is/are available. You agree
that the Terms of Use of this Agreement will apply to all such upgrades.

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.

ALERT DISCLAIMER

You
understand and agree that any alerts provided to you through the use of website
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.

PRIVACY

Users of
the website and Products and Services should refer to the Company’s Privacy
Policy for information about how The Company uses, collects and discloses
information to third parties. The Companies Privacy Policy, which is hereby
incorporated into this Agreement, explains how the Company treats your personal
information and protects your privacy when you access the Application.

THIRD-PARTY LINKS

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 Policy 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.

SECURITY

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.


INDEMNITY

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
security code.

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
WARRANTIES

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
AND SERVICES

It is
agreed by you that, when permitted by law, the Company, will not in any way be
responsible for loss 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
foreseeable.

INTERPRETATION

The
Company shall have the exclusive right to the interpret the Terms of Use &
Privacy Policy including any future amendment.

ARBITRATION

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.


LEGAL

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
otherwise violates these Terms of Use, including without limitation, removing
the User Content from the web-site and/or terminating the offending User’s
ability to access the web-site and/or use the services.

NO OBJECTION:

User
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 accord
its willful consent to receive communication (including commercial
communication) in relation to the Company’s Services. 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 User has specifically opted to receive
communication in this regard on the telephone number provided by the User

DEFAMING/THREAT

No
customer shall threat or attempt to threat 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.

GRIEVANCE

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.

Grievance officer
details

Name:
Anudeep Singh

Contact
Number: 7292052146

Email
ID: contactus@evanik.com

SECURITY

We
protect information both online and off-line. The transmission of information
is encrypted and protected using Secure Sockets Layer (SSL).