“Admin User” shall refer to such person(s) who has been authorised by the educational institutions to act as the administrator of the Mobile Application for that particular educational institution;
“Affiliates” in relation to the Company shall mean any Person that controls, is controlled by or is in common control with the Company. For purposes of this definition, “control” means the power to direct the management or policies of a Person, whether through the ownership of over fifty percent (50 %) of the voting power of such Person, or through the power to appoint more than half of the members of the board of directors or similar governing body of such Person, through contractual arrangements or otherwise;
“Agreement” The Agreement or this Agreement or Terms shall refer to this Agreement;
“Applicable Laws” means the laws in force in India applicable to the Parties or any of their respective Affiliates, properties, assets, officers, directors or employees, agents, consultants, as the case may be, in their respective jurisdiction of existence or operation;
“Business Associates” shall mean consultants, clients, employee, contract workers and any other party associated with the Company in relation to providing of Services;
“Company or Zerton” refers to us and our Company by the name & style ‘ZERTON ENGINEERING SERVICES PRIVATE LIMITED (OPC)’, having its office at Pune, Maharashtra. Company can be addressed as Our and Us in this Agreement;
“Person” means and includes any natural person and legally recognised entity;
“Registered User” shall refer to Users who have registered themselves on our Mobile App by completing the process of ‘signing-up’.
“Services” shall mean the Company’s business of developing customised mobile application for various educational institutions for use by their respective students and faculties. Post development, the Mobile App is operated by the respective educational institution and is accessed by us for technical reasons and for display of advertisement only;
“Third Party” shall refer to any person or legal entity who is not a party to this Agreement;
“Third Party Advertisers” shall refer to advertising agencies or Business Associates of the Company whose or through whom advertisements are being exhibited on the Mobile App;
“Third Party Content Providers” shall refer to those Persons who in their professional capacity provide content to the Company for its display on the Mobile App;
“User” shall refer to all Persons accessing the Mobile App, whether registered or not. A User may be addressed as You and Your;
“User Account or Account” means and refers to as the Account maintained by Registered User on the Company’s Mobile App;
In this Agreement unless the context otherwise requires:
words importing any gender include every gender
words importing the singular number include the plural number and vice versa;
words importing persons include any natural or legally recognised entity.
references to numbered clauses and schedules are references to the relevant clause in this Agreement;
any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done by a Third Party;
the headings/captions of the several Clauses of this Agreement are intended for convenience only and shall not in any way affect the meaning or construction of any provision therein;
any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment;
where the word 'including' is used in this Agreement, it shall be understood as meaning 'including without limitation'.
Time shall not be of the essence unless otherwise stated.
Where any party comprises more than one person/organisation the obligations and liabilities of that party under this Agreement shall be joint and several obligations and liabilities of those persons/organisations.
Acceptance of Terms and Conditions
By using and/or accessing, with or without registration the Mobile App, the User unconditionally agrees to the Terms and Conditions provided herein this Agreement. If you do not wish to agree to the outlined terms and conditions please refrain from using the Mobile App
Amendments and changes: The Company solely reserves the right to amend the terms and conditions at any time. All amendments to these terms and conditions will be posted on-line on the Company’s Mobile App. The said amendment once posted online shall be effective immediately and shall be deemed to have been read, understood and agreed by the User whenever and by whichever means the User avails the benefit of the Company’s Services. Continued use of any of the Services provided by the Company via the Mobile App (or via other electronic or other communication from the Company) including the information services, content and transaction capabilities on the Mobile App, shall deemed to constitute acceptance of the new terms and conditions.
General Terms and Conditions
User Accounts – Any person who has attained age of 13 years, is of sound mind shall be competent to maintain an account on our Mobile App thereby becoming a Registered User. Unless otherwise permitted by the Company or Admin User in writing, the User is not permitted to possess more than one Account or to transfer his Account to other Users or to a Third Party. No restrictions, apart from deemed necessary for security reasons, have been imposed for accessing of Mobile App by any person.
The User acknowledges that the Company reserves the right to send them administrative and promotional emails.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Mobile App (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company’s Services
Disclaimer of warranty; Limitation of Liability
The User is solely responsible for all the activity that occurs while he is accessing the Mobile App, and the Company in no way is responsible for any act or any activity or result for such or activity occurring by User’s access to the Mobile App.
The Company shall not be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of the User, caused in whole or in part by the use of the Mobile App.
The User further acknowledges that the Mobile Application contains functionalities which may be managed by Admin Users. If the User decides to access the functionalities he does so at his own risk. The User specifically agrees to not hold the Company responsible for any loss, damage or injury suffered on account of use of any functionality on the Mobile Application.
Descriptions of the offerings and products advertised on the Mobile App are provided by respective owners or other referenced third parties. The Company is not responsible for any claims associated with the description of the offerings or products of such advertisers.
The User expressly agrees that use of the Mobile App is at the User’s sole risk. Neither the Company, its holding or subsidiaries, Business Associates nor any of their respective employees, agents, and third party content providers warrant that use of the Mobile App will be uninterrupted or error-free, on account of technical glitch or otherwise; nor do they make any warranty as to:
the results that may be obtained from use of this Mobile App; or
the accuracy, reliability or content of any information, service or merchandise provided through the Mobile App.
Loss of data or damage to data that may occur to the User on account of download, installation or use of Mobile App.
The Company does not give any warranty that the Services or the Mobile App are free from viruses or anything else which may have a harmful effect on any technology.
The User’s access to the Mobile App and/or the Services may be restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Company assumes no responsibility for functionality which is dependant on the User’s browser or other Third Party software to operate.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
The User specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other Users, Service Providers, or Third-Parties and that the risk of injury from the foregoing rests entirely with the User.
In no event shall the Company, or any Third Party Content Providers, Third Party Advertisers, producing or distributing the contents hereof, Mobile App and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Mobile App. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Mobile App.
In addition to the terms set forth herein, neither the Company, nor its subsidiaries and Business Associates, or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Mobile App, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
The Company shall not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement under any and all circumstances.
The Company is does not refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the Mobile App.
The User hereby understands and agrees that, the Company provides a payment gateway on the Mobile App as a functionality for execution of various payments to various Third Parties, however, the Users are bound by the Terms and Conditions of the gateway if, as and when they utilise this functionality. The Users are therefore advised to read and understand payment gateway’s terms and conditions prior to utilizing its services. The User hereby agrees and acknowledges that, the Company is not responsible for loss caused to the User on account of technical glitch, human error or any such error due to which the execution of the payment could not completed in the desired manner.
Service Fees shall be charged by the Company to the Admin User for availing its Services. The Service Fees can be paid by the Admin User or such other representative of the Admin User as may be authorised by the Admin User.
Payment Modes –The Company allows the following modes to make the payment of Service fees:
RTGS (Real Time Gross Settlement);
ECS (Electronic Clearing Service);
CCSI (Credit Card Standing Instruction); and
NACH (National Automated Clearing House)
It is hereby clarified that the Company does not encourage/prefer that payments be made in cash. Any cash payments made pursuant to this Agreement, the same shall be at the sole risk of the Admin User or authorised representative, as the case may be, without any recourse to the Company.
Payments can be made monthly or as directed by the Company. The Company shall make best efforts to activate the Agreement within 60 (Sixty) working days from the date of receipt of the Service Fee into its bank account, (subject to delay due to technical malfunctions). However the Company will not be liable in any manner for any delay in activating the Agreement.
Any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. The Users shall also be liable to pay interest @18 % per annum during that period.
Lump Sum Payment Mode - If Users opt the lump sum payment mode while entering into the Agreement then the tenure of the Agreement will be equivalent to the amount paid by the Admin User or authorised representative, as the case may be.
Consequences Of Non-Payment Of Service Fees / ECS Amount – Payment of Service Fees is essence of this Agreement and hence, in the event the Admin User or authorised representative, as the case may be, fail to make any payment of the Service Fee in time, the Company may, in its sole discretion, suspend or block the access to the Mobile Application of Users and Admin Users. Further, the Users and the Admin User agree and acknowledge that the they shall be deemed to have waived their rights to the Service for the period during which the Service is suspended for non-payment. The right of the Company to suspend the Service and shall be without prejudice to the Company's right to terminate the Agreement for any material breach committed by the User or the Admin User.
Issuance Of Invoice
On receipt of the Service Fees, the Company will issue an invoice containing, interalia, the following details:
The Total Service Fee including the fees paid and payable as on the date of the invoice; and
Invoice is valid subject to realization of payment.
Taxes - The Company is entitled to charge the Users and Admin Users for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Service fees and the User and Admin User hereby agree to pay the said taxes and charges promptly without raising any objections. User also agrees that in the event the said taxes and charges are not charged by the Company, the same shall be paid by the User directly to the authorities concerned without raising any objection. The User further agrees that the taxes and charges payable under this Clause is in addition to Service Fees. Goods and Services Tax is/will be levied as per existing government policy at the time of such levy.
The Mobile Application permits some Third Parties (permitted by Admin User) and Admin User to initiate and operate various communication channels with the Users. The Company shall design and develop the functionality which provides initiation and operation of such communication channels on consent. The Admin User shall then be responsible for looking after the functioning and operations of such communication channels including management, putting restrictions, content and such other operational functionalities. The Company shall only provide technical medium for functioning of this communication channel and shall be responsible for hosting and technical aspects only.
Restrictions: The Admin User and the Users undertake without limitation, not to use or permit anyone else to use the Service or Mobile App:
to upload, send or receive information or data which is unlicensed, unapproved, technically harmful content, data corruptive content, obscene, confidential or contains defamatory content or any such information which is in infringement of laws in force for the time being in India.
to intercept or attempt to intercept any communications transmitted by way of a telecommunication system;
for a purpose other than which we have designed them or intended them to be used;
for any fraudulent purposes.
in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
Any conduct that in the Company’s exclusive discretion is in breach of the Terms of Service or this Agreement itself or which restricts or inhibits any other User from using or enjoying this Mobile App, is strictly prohibited. The Admin User and the User shall not use this Mobile App to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Mobile App to become users of other online or offline services directly or indirectly competitive or potentially competitive with the Company.
The Company reserves the right to prevent any User from using the Mobile App and the Service (or any part of thereof), if his conduct is found to be in question or contravention of such Terms as mentioned in this Agreement.
Feedback - As a User the Mobile App, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original posting or not agreed to as part of the service to be provided; (b) leaving Feedback in order to make the Service Provider appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Provider from leaving Feedback.
Sanctions for Inappropriate Use of Feedback - If you violate any of the above-referenced rules in connection with leaving Feedback, the Company, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
Reporting Inappropriate Use of Feedback. You may contact us regarding any inappropriate use of Feedback via-email at _______________________
Resolving Disputes in Connection with Feedback. In the event of any dispute between Users of the Mobile App concerning Feedback, the Company shall be the final arbiter of such dispute. Further, in the event of any dispute between Users of the Mobile App concerning feedback, the Company has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability therefrom.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. The Company reserves the right to (a) terminate your access to your Account, your ability to post to this Mobile App (or the Services provided by the Service Providers) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any postings; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Mobile App or to any other user of this Mobile App and/or Services. The Company reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other Users to a number that the Company deems appropriate in the Company’s sole discretion. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company's discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Mobile App or on the Internet. The Company does not and cannot review every posting posted to the Mobile App. These prohibitions do not require the Company to monitor, police or remove any postings or other information submitted by you or any other User.
Consent For Reaching Out Via Phone Call, Sms, Email Or Any Other Form Of Electronic Communication
It is further clarified that your registration on the Mobile App shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form
User’s Responsibility: The Services and use of the Mobile App do not include the provision of a computer, laptop or other necessary equipment to access the Mobile App or the Services.
Intellectual Property Rights
All Intellectual Property Rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements, whether registered or unregistered) in the Mobile App and Service, (subject to the Title & Ownership Rights as mentioned below) information content on the Mobile App or accessed as part of the Service, any database operated by us and all the Mobile App design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
None of the material listed in the clause above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission of the Company.
The Logos and variations thereof, owned by and belonging to the Company, found on the Mobile App are trademarks owned by the Company and all use of these marks inures to the benefit of the Company. All rights (including goodwill and, where relevant, trademarks) in the Company’s name are owned by the Company (or our licensors). Other product and Company/Educational Institution names mentioned on the Mobile App are the trademarks or registered trademarks of their respective owners. This Agreement gives you no right to such trademarks, registered or otherwise.
The title, Ownership Rights and Intellectual Property Rights in and to the content accessed using the Service is the property of the applicable content owner or the Company and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
Subject to the Clause below, any material you transmit or post or submit to the Mobile App (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under Applicable Law for data protection or such Applicable Law which provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Mobile App or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
All comments, suggestions, ideas, notes, drawings, concepts or other information:
disclosed or offered to us by you; or
in response to solicitations by us regarding the Service or the Mobile App; (in each foregoing case, these are called "Ideas")
shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
Copyright Infringement Take Down Procedure
The Company has high regard for intellectual property and expects the same level of standard to be employed by its Users. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Mobile App of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Mobile App or in any way communicated to us in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at _ZERTONES@GMAIL.COM__
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Mobile App, and information reasonably sufficient to permit the Company to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
The Company shall have the right, but not the obligation, to monitor the content of the Mobile App at all times, including any chat rooms, groups and forums that may hereinafter be included as part of the Mobile App, to determine compliance with this Agreement and any operating rules established by the Company as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion and without providing any explanation for reasons for removal thereof, finds to be in violation of the provisions hereof or otherwise objectionable.
The obligation to monitor the content of the Mobile App at all times, including any chat rooms, groups and forums that may hereinafter be included as part of the Mobile App, to determine compliance with this Agreement and any operating rules established by the Company, respective educational institution as well as to satisfy any applicable law, regulation or authorized government request, shall be of the Admin User or authorised representative of respective educational institution. The Admin User or authorised representative of the respective educational institution shall have the right to remove any material that the Company, in its sole discretion and without providing any explanation for reasons for removal thereof, finds to be in violation of the provisions hereof or otherwise objectionable.
The Admin User and the User acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms, groups and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read the User’s communications without the User’s knowledge. The Company does not control or endorse the content, messages or information found in any Communities, and, therefore, the Company specifically disclaims any liability concerning the Communities and any actions resulting from the User’s participation in any Communities, including any objectionable content. Generally, any communication which the User posts on or through the Mobile App (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by the Company as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Mobile App, User grants the Company the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.
Storage Retention and Transfer of Personal Information
Personal Information and Data shall have the same meaning as given in our Privacy Policies. The Admin User or authorised representative of the educational institution hereby agrees that the responsibility and obligations arising out of such responsibility of storing, retaining and transferring of Personal Information shall remain that of the respective educational institution. By virtue of this Agreement, the educational institutions are obliged to maintain adequate security to ensure that the data is stored in a reasonably encrypted, secured form and only authorised persons are allowed to access the data. The educational institutions are obliged to avoid unauthorized access, loss, misuse, disclosure, alteration, and destruction of Data and Personal Information.
By posting communications on or through the Company’s Mobile App, the Admin User and User shall be deemed to have granted to the Company, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees. By posting communications on or through the Company’s Mobile App, you grant us a right to pass on or transfer the same communication to our Service Providers for initiation and completion of assignment.
The Admin User and User agree to defend, indemnify and hold harmless the Company, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of and concerning:
the use of the Mobile App by the Admin User or User, as the case may be;
the use of the Service or Mobile App through their password; or
any breach of this Agreement by the Admin User or User, as the case may be.
The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which the Company, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement. The Company may also remove a User on receipt of a request to remove a particular User by another User, Admin User or a Third Party for reasons attributable to inappropriate conduct of the User, moral turpitude, breach of this Agreement and/or any Applicable Law. Termination of this Agreement may result in blocking of User’s access to Mobile App.
All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement.
Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
Third Party Content
The Company, is a distributor (and not a publisher) of content supplied by third parties including Users and Admin Users. Accordingly, the Company does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, Service Providers or any other Users or Admin User are those of the respective author(s) or distributors and not of the Company.
Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content or fitness for any particular purpose (refer to the Clause for ‘Disclaimer of Warranty, Limitation of Liability’ above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
In many instances, the content available through this Mobile App represents the opinions and judgments of the respective information provider, User, Admin Users or other users not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Mobile App by anyone other than authorized employee/spokespersons while acting in official capacities.
Under no circumstances the Company shall be liable for any loss or damage caused by User’s reliance on information obtained through the Mobile App. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Mobile App.
The Mobile App contains links to third-party Mobile Apps maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Mobile Apps and the Company hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Mobile Apps. If the User decides to access linked third-party Mobile Apps, the User does so at his own risk.
The Company may place advertisements in different locations and on the Mobile App and at different points during use of the Service. These locations and points may change from time to time. The User is free to select or click on advertised goods and services or not as he may deem fit. If User decides to click, then he shall be responsible for consequences of the association with the Advertiser. The Company doesn’t monitor the content of the Advertisement. The Company shall not considered a Party to neither shall it be privy to any agreement or association that may take place between the Admin User or User and the Advertiser due to display of the Advertisement on the Company’s Mobile App.
Without prejudice to any other provision herein, the Company shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the Company’s control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of the Company’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement and that party’s only remedies shall be for breach of contract as provided in this Agreement.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
All provisions of this Agreement apply equally to and are for the benefit of the Company, its subsidiaries, any holding companies of the Company, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
Any and all claims, disputes, questions or controversies involving the Company on one hand and the Admin User or User (s), on the other hand (together, the “Disputing Sides” and each individually a “Disputing Side”) arising out of, relating to or in connection with this Agreement, or the execution, interpretation, validity, performance or breach hereof (collectively, “Disputes”) which cannot be finally resolved by such Disputing Sides within Sixty (60) calendar days of the arising of a Dispute by amicable negotiation and conciliation shall be resolved by final and binding arbitration to be administered by a sole arbitrator appointed mutually by the Disputing Sides in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in Pune, Maharashtra only and the arbitration proceedings shall be conducted in English. The arbitrator may award punitive, exemplary, multiple or consequential damages. In connection with the arbitration proceedings, the Disputing Sides hereby agree to cooperate in good faith with each other and the arbitrator and to use their respective best efforts to respond promptly to any reasonable discovery demand made by such Party and the arbitrator. All expenses relating to the arbitration, shall be paid by the respective Parties.
The arbitral award (the “Award”) shall be rendered no later than Six (6) months from the commencement of the arbitration unless otherwise extended by the arbitrator for no more than an additional Six (6) months for reasons that are just and equitable.
Each of the Parties expressly understands and agrees that the Award shall be the final and binding remedy between them regarding any and all Disputes presented to the arbitrator and shall be enforceable in any court of competent jurisdiction and an application may be made to such court for a judicial acceptance of the Award and to issue an order of enforcement.
This Agreement and all matters arising from this Agreement shall be governed by and construed in accordance with laws of India. Subject to the provisions of the Clause XX of this Agreement and for such matters which the Court may have jurisdiction under and in respect of any arbitration proceedings, and subject further to Applicable Laws in this regard, this Agreement shall be subject to the exclusive jurisdiction of the Courts in Pune, Maharashtra.
Statute Of Limitations
“Affiliates” in relation to the Company shall mean any Person that controls, is controlled by or is in common control with the Company. For purposes of this definition, “control” means the power to direct the management or policies, whether through the ownership of over fifty percent (50 %) of the voting power, or through the power to Mobile Application more than half of the members of the board of directors or similar governing body, through contractual arrangements or otherwise;
“Data” shall same meaning as assigned to it under Section 2 (1) (o) of Information Technology Act, 2000;
“Mobile Application” shall refer to Mobile Application personalised and developed by us for various educational institutions as per their requirement. This Mobile Application is owned and developed by the Company; This Mobile Application is operated by respective educational institution;
“Person” means and includes any natural person and legally recognised entity;
“Personal Information” (PI) shall mean the following:
Name, address, email ID, phone number of the User;
User ID of the User;
Geo-location of the User;
Photo of the User;
“Sensitive Personal Information” (SPID) shall have the same meaning as assigned to it under Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011,
“User” shall refer to all Persons, whether registered or unregistered, who access our Mobile Application in any way. A User may be addressed as You and Your;
What do we do?
We develop Mobile Applications for various educational institutions as per their requirement. Post development, we give operational rights to respective educational institutions however updating and up gradation remains our responsibility.
Personal Information –
Collection and Use
We collect Personal Information from you through your use of our Mobile Application.
We also collect information such as the name of the domain and host from which you access the internet; the Internet Protocol (IP) address of the computer you are using; the date and time of your access.
We use the Personal Information for internal recording keeping, data analysis (without revealing your identity), improving our services, to provide you great services like offers nearby, improving user experience and user interface, verifying your identity and authority to use our Services, and to otherwise enable you to use our Mobile App and our Services, to process billing and payment, including sharing with third party payment gateways in connection with Mobile App and/or our and Services, to resolve disputes, to protect ourselves and other users of our Mobile App and Services, and to enforce our Terms of Service;
We use the Personal Information to contact you via email, telephone, facsimile or mail, or, where requested, by text message, to deliver certain services or information you have requested.
We also use your Personal Information in fraud prevention efforts.
We use the Personal Information to periodically send promotional emails about new products, special offers or other information which we think may improve your experience with our Mobile App.
We summarize information about your usage and combine it with that of others to convert it in statistical information which is then utilized by the Company, its associates, business partners and service partners independently or in combination with Third party data to understand your requirements and to enhance your experience in using our Mobile App. All the Data collected by the Company ensures de-identification of any information that may directly reveal identity of an individual.
Our Mobile App users can voluntarily choose to electronically forward a link, page, or document to someone else by clicking "_Mail Me A Copy_" To do so, the user must provide his or her email address, as well as the email address of the recipient. The user's email address is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose
We operate only within geographical territory of India and do not conduct operations in other countries and hence do not transfer your Personal Information to other countries, however the service provider of the servers may transfer the server content to other countries for maintenance of backup or such other general practices. You agree to such cross-border transfers of Personal Information and the risk associated with it.
Storage, Retention and Transfer
Your Personal Information is stored on the servers by your respective educational institution. The educational institutions are obliged to maintain adequate security to ensure that the data is stored in a reasonably encrypted, secured form and only authorised persons are allowed to access the data. The educational institutions are obliged to avoid unauthorized access, loss, misuse, disclosure, alteration, and destruction of Data and Personal Information.
We collect Personal Information from you along with username and password registered by you on our Mobile App. Some portion, but not all, may be shared by us with Third Parties under the terms and conditions of our contractual obligation towards them.
We do not share, sell, trade or rent your Personal Information to Third Parties for unknown reasons. To the best of our ability, we retain complete anonymity in all analytics.
Information not treated as Personal Information
The information shared by the Users and/or Service Providers in feedback, surveys, chatrooms is not Personal Information and hence is not treated by the Company as Personal Information. Such information is non-confidential and is treated as publicly available information by the Company. The Company to the best of it’s ability takes care that Personal Information is transferred in the encrypted, secured form and is accessible by authorised persons only.
Request for correction, updating, deletion of Personal Information
If you wish to correct, update, delete Personal Information, you may do so by emailing your college admin___ with subject line ‘Correction/Updation/Deletion of Personal Information’.
The Personal Information is retained by the Company for a period of 180 days post which the Company ensures proper destruction of the in de-identified manner.
Deletion of account or registration with us does not guarantee automatic destruction of the Personal Information.
The Company doesn’t intend to infringe the privacy of any person or entity and hereby declares that Personal Information collected by it shall remain the property of the truthful owner, possessor, holder of the PI and that the Company shall not use PI for any purpose, other than the one mentioned in this clause, without providing an intimation in this regard.
SPID - Collection, Storage, Retention and Transfer
We are not collecting, storing, retaining and/or transferring SPID at the time of publishing of this Privacy Polcy.
Collection and Storage of Personal Information from Social Networking sites
We provide a facility of logging into our Mobile Application through your Gmail, Face Account. We ask you to grant us permission to access and collect your Facebook basic information (this includes your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other information you have set to public on your Facebook account). If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public.
We store the information that we receive from Facebook with other information that we collect from you or receive about you.
Privacy of Third Party data
The Company doesn’t intend to infringe the privacy of any person or entity and hereby declares that Third Party data collected by it shall remain the property of the truthful owner, possessor, holder of the Third Party data and that the Company does not use this Third Party data, for any purpose which would reveal the specific Personal Information of the said Third Party, without providing an intimation in this regard to that Third Party.
Privacy of Data Collected by Third Party
Third Party Advertisements
You agree and authorize the Company to use and share your information with its contractors and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide you with various value-added services, in association with the Services selected by you or otherwise. You agree to receive communications through emails, telephone and/or sms, Company’s contractors or its third-party vendors regarding the Services/ancillary services updates, information/promotional emails and/or product announcements. In this context, you agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations, and for such purpose, you further authorize Company to share/disclose the information to its contractors or any Third-Party service provider
Under contractual obligation, we allow Third Parties to serve advertisements and/or collect certain portion of Personal Information in non-identifiable and statistic form from our Mobile App. These companies may use non-identifiable Personal Information to improve your experience regarding viewing of advertisements about goods and services.
Links to other Mobile Applications
Our Mobile Application may contain display of links and/or hyperlinks by clicking on which you could be directed outside our Mobile Application and onto the Mobile Application or Mobile Applications of Third Parties. We do not control these links and hyperlinks and wish to make you aware that you shall be responsible for results of click on any such links and hyperlinks; you are further advised to read the privacy practices and/or policies of any such other Mobile Application. We are not responsible for any consequence of clicking on links and hyperlinks present on our Mobile Application.
Disclosure for legal purposes; on account of change in constitution of the Company
If an appropriate Government authority requests or order to disclose information or if we believe in good faith after considering your privacy interests and other factors that such action is necessary to:
conform to legal requirements or comply with legal process;
protect our rights or property or our Affiliates;
prevent a crime or protect national security; or
protect the personal safety of users or the public
We will disclose the entire or such portion of your Personal Information.
If the Company’s constitution changes on account of merger, acquisition, transfer of business, conversion into another form of entity, incorporation of a subsidiary Company or in such other way and it is necessary to effect change of constitution to disclose such Personal Information, then we will do so, after considering on best effort basis, your privacy interests and such other interests, to a Third Party, Government Authorities or to our Affiliates, as the case may be. Once the constitution has changed, the Personal Information will become property of the newly constituted entity.
You are responsible for ensuring that your log-in credentials (your username and password) are kept confidential from Third Parties.
We, on best effort basis, ensure that your log-in credentials are kept confidential and are shared with Third Parties under the same security as maintained by us.
Cookies and other Tracking Technologies
We use “cookies” and other tracking technologies on our Mobile Application to record information such as internet domain, host names, internet protocol addresses, clickstream patterns, dates and time of access, operating system types, browser software, etc. These cookies help us in improving our Mobile Application and user experience. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
Please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Mobile Application.
In terms of the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, any grievance or complaint may be intimated to College Admin, Grievance Officer, who may be reached at College Office Section, India. The complaint shall be redressed within a period of 1 (one) month.