TERMS AND CONDITIONS OF USE OF PLATFORM AND AVAILMENT OF SERVICES
Last Updated on and Made Effective from:__22.08.2021
These " Terms And Conditions Of Use Of Platform And Availment Of Services" constitutes an electronic record within the meaning of the applicable law/s as are amended from time to time and by this website i.e. indivdo.com("this Site") and or mobile/tablet/personal handheld or such other device application software, by whatever name called i.e. Indivdo ("Software"), being hereinafter conjointly and cumulatively referred to as "The Web Platform/Platform", in any way or by availing any services/ buying any product/using licensed contents relating to the Platform as are defined hereinafter and listed on the platform, you agree to be bound by following terms and conditions, which platform, is owned and controlled / operated by or on behalf of the Smartintelectual:
We are: Smartintelectual (“Indivdo”)
Our address is: BRC hemadurga Shiva Hills, Block A 106, Puppalaguda,500089, Hyderabad, Telangana
- Any individuals, organizations or institutions, who have registered with Indivdo/entered into privity of contractual relationship in nature of contract for service, contract of service and so on, and includes their affiliates and authorized personnel, or any form of business organization engaged in rendering/assisting the services/facilities/features to the Indivdo in any manner whatsoever (hereinafter collectively referred to as “Service Providers”);
- Any individual and or institution who/which has registered by providing the registration data & accessing the web platform, in order to avail the services/License to use the Web Platform as are offered without any cost for time period as decided by Indivdo hereinafter referred to as Licensee ; or
- Users to the Website, who neither registers, nor avails/ subscribes but accesses the platform for whatsoever reasons (“Visitors”).
The Service Providers, Licensee and Visitors shall also collectively be referred to as the “Users”
Terms & Conditions of Use
- Nature, Scope and Privity of Relationship:
- The Platform is operated by or on behalf of and owned solely and exclusively by Smartintelectual, a company incorporated under the Companies Act, 2013 and having its registered office at BRC hemadurga Shiva Hills, Block A 106,Puppalaguda,500089, Hyderabad, Telangana. It is agreed by and between Indivdo and you that for the purpose of these Terms & Conditions of Use, wherever the context so requires, "you" shall mean any natural or legal person falling in the category as of User as aforementioned and the term "Indivdo", "we", "us" or "our" shall mean Smartintelectual.
- Indivdo enables and facilitates/allows Users to post, upload, transmit, share, store or download messages, texts, images, photographs, graphics, videos, audios, sound, voice, videos and all other kinds of content (“User Content”), connect with other Users, transmit messages to other Users or to all Users at large, or connect personally with other users, whilst using and accessing the Platform through interactive elements and features made available on the Platform. Indivdo further enables, facilitates and allows You to incorporate certain sound recordings, images, graphics, audio visuals etc. as part of the User Content on the Platform. The User Content should, at all times, be compliant with the standards set out hereunder in this Terms and Conditions of Use of Platform. In the event the User Content contains any third-party materials including brands, trademarks, logos, copyrighted material, sound recording, images, copyright protectable recordings, music, cinematograph film, etc. (“IPR Protected Content”) then, You are required to procure necessary permissions, licenses directly from such third parties and will not upload any IPR Protected Content without the same, failing which Indivdo shall have the right to takedown the IPR Protected Content or remove third party brands, trademarks, logos etc. from such Branded Content, at its sole discretion. ("hereinafter collectively referred to as Platform Services/ Services").
- It is agreed and confirmed between Indivdo and You that in reciprocity of the permissive and beneficial grant of License by Indivdo to use and access the Platform and avail the Services, all the User Content and IPR Protected Content created, uploaded, posted, sent, received, and stored by You in the User Account created, maintained and managed by You be of your ownership rights, however You grant us a royalty free, sub-licensable, transferable, irrevocable and exclusive license to host, store, display, reproduce, modify edit, publish, distribute and in any manner use all such aforesaid content in any manner whatsoever, without any restriction/limitations as to use of Platform/ availment of Services by You or period of time.
- It is further agreed and confirmed between You and Indivdo that in consideration of the License to use and access the Platform and or avail the Services as is granted / conferred upon in your favour by Indivdo as mentioned in 1(B) hereinabove you also grant Indivdo, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content even if the User Content or IPR Protected Content depict you, your appearance in it without any sort of additional remuneration, compensation, royalty or consideration in any nature or by whatever name called either from Indivdo., our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Platform or on one of our business partner’s platforms.
- It is agreed, confirmed and understood by and between Indivdo and You that while accessing the Platform or availing the Services, very many advertisements may be published either of Indivdo or any business institution/institution in consideration for Indivdo letting you access and use the Services and therefore You agree that we, our affiliates, and our third-party partners may place advertising on the Platform/as part of availment of Services at any prominent place, portion, content or such other area in entire platform in sole discretion of Indivdo.
- Prerequisite Condition of Use of Platform/ Membership:
- The Users must have completed at least 18 years of age in order to independently access or use this platform or to avail its services. By accessing or using this Platform or availing its services, the User represents and warrants that he/she is of 18 years of age or older.
- The users who are less than 18 years of age (“Minors”) may access or use the platform or avail its services only through, or under supervision of a natural or legal Guardian and in such instances, such Guardian shall be considered as the User of Indivdo.
- Registration and Member's User Account:
- The User must, in order to access any or all of the information, features, services and benefits of Indivdo, must register user account with Indivdo, by providing such information as detailed here, that the Indivdo may seek in order to provide efficient services from time to time, ("Indivdo User Account/User Profile").
- The user agrees and confirms to provide accurate and complete details for the purposes of creating Indivdo Account and thereby updating it timely in case of any changes and or notifying to the Indivdo for such changes and further accepts the responsibility and liability with regards to the accuracy and completeness of the information being provided by the user.
- The user desiring to avail the services from the Indivdo shall subscribe to the subscription plan as are notified by Indivdo from time to time on the its platformin order to avail the services as are offered to by Indivdo from time to time to its Licensee/Users.
- The Indivdo Account and Membership is limited for the purpose and are subject to the terms and conditions of use, and strictly personal not transferable/assignable/sub-licensable and capable for commercial use.
- The user/member after choosing over the free / paid subscription plan(if any) shall avail the services as are listed on the platform by making the requisite payment including but not limited to fees for service offered for sale by Indivdo, taxex, etc as notified to the member by Indivdo from time to time.
- The users represent agrees and confirms that the services availed by the user/member from the Platform are intended for your personal use and that the same are not for resale or you are not acting as an agent for other parties.
- Indivdo provides payment gateways on the platform to facilitate any kind of payment by means of credit / debit cards (Visa, Master, Maestro, American Express) and internet banking. The User/member shall make any or all such payments directly on and exclusively via the payment gateway of his/her choice on the platform and the Services shall commence only upon realization of money into the account of Indivdo or that of the Service Provider, as the case may be.
- The User/Member agrees and understands that the payment mechanism may be governed by separate agreements between Indivdo and third party companies. Any payments made shall be the sole responsibility of the User.
- Indivdo reserves the right to change any and all fees, upon its sole discretion, without any notice to Users, from time to time.
- The User/Member is and shall be liable to pay any and all applicable charges, fees, duties, levies and taxes as required by the law, for purchasing products or availing services from the platform.
- Notwithstanding any contained herein, the Indivdo reserves the right to suspend or terminate your Indivdo Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms & Conditions of Use of Platform or other policies as are effectively in force and notified on the Platform.
- Roles and Responsibilities:
- Indivdo shall take all reasonable measures to ensure the accuracy of all the information provided by any and all Users, however the users accessing, using and or utilizing such information are liable to verify the accuracy, precision and exactness of such information's and the Indivdo shall not be responsible or liable for such information in any manner.
- Indivdo shall communicate with the Users via phone or text message or email or notice display on the Platform or through any other means, based on the User’s preferences indicated to Indivdo.
- You understand, accept and agree that the payment facility provided by Indivdo is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Indivdo is neither acting as trustees nor acting in a fiduciary capacity with respect to the booking/ transaction or the transaction price, services or so on.
- The Indivdo in most gratuitous manner grants permissive use/License to use the Platform or avail the Servicesand therefore, Indivdo is not liable to any loss, deficiency in service, charge or deposit any taxes applicable on such transaction or services as are availed by the Users from the Platform at their own risks and costs. For User Content, Indivdo acts purely as an "Intermediary" as read and construed under Information Technology Act,2000 or any relevant laws of India or as construed under equivalent local laws of Your jurisdiction and rules thereunder as applicable. Indivdo expressly excludes any kind of liability relating to User Content. Being an “Intermediary”, Indivdo carries out the limited function of providing a platform for communication and transmission of the User Content and Indivdo has no responsibility and / or liability in respect of any User Content on the Services, including without limitations, for intellectual property rights infringement, defamation, illegal content or any other violation under applicable law. All User Content, which is hosted and transmitted on the Services, is the sole responsibility of the person who is providing/originating/publishing/posting it whether on the Services or on other platforms (which permits Indivdo to carry content of such platform API embedding mechanism).
- Service Providers:
The respective obligations primarily of the service providers in further co-extension to the service agreement are as follows:
- The Service Providers represent and warrant that their credentials, qualifications, services and expertise as are provided to Indivdo are accurate and genuine and that they are and shall be the sole and exclusive owner of all the service/s they wish to sell and that they have absolute right, title and authority to provide services as are availed by Indivdo.
- The Service Providers agrees and confirms that they are and shall be legally entitled to render their services without violating any of the contractual terms which they might be bound under any other third party agreements. The offered services must not violate any of the rights of the third parties, which includes but is not limited to intellectual property rights, privacy rights, proprietary rights, etc.
- The Service Providers agrees and confirms that they shall be governed by applicable laws at all times.
- By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be borne by you irrespective of who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Indivdo with respect to such actions or omissions.
- Indivdo is providing services in India, we have complied with applicable laws of India in making/creating the Platform and its content available to you, however in the event the Platform is accessed from outside India or outside the area/cities in respect of which the Indivdo is providing the services, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside India, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
- User understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. User also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. User shall bear the costs incurred to access and use the Platform and avail the Services, and Indivdo shall not, under any circumstances whatsoever, be responsible or liable for such costs.
- Indivdo agree and grant permission to Indivdo to receive promotional SMS and e-mails from Indivdo or allied partners.
- Users further agree and confirm that your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
- User will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
- Users agree and confirm that you will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact ______________
- Users agree, warrant and confirm they will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
- Users agree, warrant and confirm they will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
- Users agree, warrant and confirm they will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
- Users agree, warrant and confirm they will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
- Users agree, warrant and confirm they will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- Users will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
- Users agree, warrant and confirm they shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
- any part of the Platform or the Platform software; or
- any equipment or any network on which the Platform is stored or any equipment of any third party
- The quality of the User Content and IPR Protected Content may vary from device to device, and may be affected by a variety of factors, such as Your location, the bandwidth available through and/or speed of Your internet connection. You are responsible for all internet access charges. Please check with Your internet provider for information on possible internet data usage charges.
- Additional Terms:
Users/ Members agree and confirm that the Indivdo shall not be responsible for:
- The services as are offered to be provided/ actually provided by Indivdo including, but not limited, the products as are provided, proficiency in services, accuracy and so on;
- If you use the Platform, you do the same at your own risk.
- Indivdo constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
- You agree that the Services shall be provided by us only during the working hours of the relevant Service Providers, which may be subject to change.
- The Service can be availed through platforms, software and devices, which Indivdo approves from time to time, the current list for which is as set out hereinbelow ("Compatible Source").In some cases, whether a device is (or remains) a Compatible Source may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Source at one time may cease to be Compatible Source in the future.
- The Services may include interest-based ads which are online ads that are tailored to Your likely interests based on Your use of various applications and websites across the internet. If You are using a browser, then cookies and web beacons can be used to collect information to help determine Your likely interests. If You are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine Your likely interests. The types and extent of advertising by Indivdo on the Services are subject to change. In consideration for Indivdo granting You access to and use of the Services, You agree that Indivdo and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of any User Content or information from the Services whether submitted by You, Us, any other User or third parties.
- Any use or reliance on any User Content available on the Platform/Service is at Your own risk. You understand that by using the Service and accessing the User Content, You may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. The views expressed by users on the Service are not controlled and do not represent the views or values of Indivdo.
- Indivdo does not have any obligation to provide disclaimers with respect to any User Content. Some User Content offered on the Service may not be suitable for some Users and therefore User’s discretion is advised. Also, some User Content offered on the Services may not be appropriate for viewership by children. Parents and/or legal guardians are advised to comply with applicable laws and exercise discretion before allowing their children and/or wards to access User Content on the Service.
- You acknowledge and agree that the Service only facilitates access to the User Content and INDIVDO does not pre-screen the User Content and has no obligation to monitor any User Content. Therefore, INDIVDO may not always have actual or specific knowledge of any User Content available on the Services. However, Indivdo at its discretion and in accordance with applicable law may monitor any User Content and may remove any User Content from the Services if Indivdo determines in its sole discretion that such User Content is in violation of this User Agreement or any applicable law. Indivdo, at its discretion, may review the User Content when, and only when, complaints are received from You or any third party. Such actions do not in any manner negate or dilute Our position as an “Intermediary” or impose any liability on INDIVDO with respect to any User Content. Any use or reliance on any User Content or materials posted via the Services or obtained by You through the Services is at Your own risk.
- You are responsible for any User Content You post to the Services, and for any consequences thereof. The User Content You submit, post, or display will be able to be viewed by other Users of the Services and through third party services and websites. You should only provide User Content which You fully own or in respect of which You have all the permissions/licenses, and that You are comfortable sharing such User Content with others under the present terms and conditions of use of Platform.
- We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Platform/ through the Services thereon or endorse any opinions expressed via the Services. You understand that by using the Services, You may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Indivdo be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
- Your interactions with third parties, including users, on or through the Service, is solely between you and the third party; however, Indivdo may, in its sole discretion, intercede and You will reasonably cooperate with Indivdo, if it does so. You acknowledge and agree that Indivdo will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as a result of such interactions, and you will not make Indivdo a party to any dispute between you and any third party with whom you interact with on the Service. You hereby release Indivdo from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or the Service. In the event of any dispute between you and any third party with whom you interact on the Service, you may approach the court of appropriate jurisdiction as per applicable law in your place of residence.
- Intellectual Property Rights:
- It is agreed and confirmed between You and Indivdo that for the purpose this User Agreement, the terms "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of Indivdo and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
- Save and except for the User Content, all rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, features, functions, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, content performance and broadcast as defined under the applicable laws, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, gaming elements/content, interactive elements and all other elements, data, information and any other content/materials are the property of Indivdo and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of Singapore and the world. Indivdo retains full, complete and absolute title to the Platform/Service and all Intellectual Property Rights therein.
- The Service including any content including User Content thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service (including without limitation the Platform, coding, constituents, elements, content, etc.) in any manner whatsoever.
- You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Platform or Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
- You acknowledge and agree that any feedback, comments, or suggestions You may provide regarding the Platform or the Services are entirely voluntary, and Indivdo will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to You.
- Copyright and Community Use Guidelines:
- Indivdo respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. These notices should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim a user by may result in the termination of the Account of such user. If You believe that Your User Content or any other User Content has been copied in a way that constitutes copyright infringement, please provide Us with the following information:
- physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- 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, and information reasonably sufficient to permit Us to locate the material;
- Your contact information, including Your address, telephone number, and an email address;
- a statement on oath by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- undertaking that You have/shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the receipt of the take down notice by Indivdo; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
- We reserve the right to remove any User Content/ IPR Protected Content alleged to be infringing without prior notice and at Our sole discretion. On appropriate circumstances, Indivdo may also terminate a User's Account if the User is determined to be a repeat infringer.
- You shall be strictly complying with Indivdo Community Guidelines. Any violation of the Indivdo Community Guidelines shall amount to termination of Your User’s Account with Indivdo.
- The Terms and Conditions of Use of Platform and all the Policy shall be applicable to all the Users in full form and effect, as long as the User uses the Platform in any manner whatsoever.
- The User can terminate his/her account in accordance with the Policies of Indivdo and by intimating in writing to the Indivdo.
- Indivdo may, at its sole discretion, and without prior notice, suspend the User’s account or prevent the User from accessing/utilizing the Website if among other things,
Indivdo is unable to authenticate any User Information
Indivdo reasonably believes that continuing the User’s Profile is not in its the best interests.
Users indulges in any act of violation of the confidential information, intellectual property rights or any such violations of law, rules, regulations, Act for time being in force in India;
detect, prevent, or otherwise address fraud, security or technical issues;
Any other actions/inactions found to be in violation of the polcieis of Indivdo or damaging to the Platform in its sole discretion of Indivdo.
- Upon such termination, the User shall no more use the Platform under the same account or another new account, except after Indivdo expressly allows (by any means of express communication) the User to re-register or create a new account
- Upon such termination, Indivdo may, at its sole discretion, delete any and all of the concerned User Information under its control or from its database.
- In any case of termination of account of members in any manner and for any reason whatsoever, the Indivdo shall not refund the amount of fees paid to it towards membership subscription by the member.
- It is further agreed and confirmed by You and Indivdo that the provisions pertaining to Termination as hereinabove shall apply mutatis mutantis basis to suspension and all such rights, claims, entitlements and liabilities of Users and Indivdo respectively shall apply to suspension and period of suspension as may be solely determined by Indivdo.
- pursue any remedy it deems fit, including but not limited to de-activation of the User’s account.
- remove all User Information from its database
- take suitable legal course of action.
- Upon such breach, Indivdo shall preserve any related or associated records or information for at least 60 days for investigative or related purposes.
- Prohibition on Use of Intellectual Property Rights of Indivdo:
- Users agrees and confirms that the sole and exclusive owner and user of all the intellectual property rights being printed, published, used and or discovered/developed by you during the subsistence of this policy, which may include not limiting to Trade names, Device Marks, Trademarks, Logos and all other Intellectual Property Rights shall solely vests in Indivdo with no interest, rights, entitlements, claim of Users
- Indivdo is either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
- User may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.
- User must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
- Users or any other person acting for and or on your behalf shall not reproduce in whole or part any printed material, audio cassettes, video and film, recording that have been produced by Indivdo unless without written authorisation to do so by Indivdo. The aforesaid materials protected by copyright whether registered or unregistered and are considered proprietary to Indivdo.
- Indivdo expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
- The platform may be under constant upgrades, and some functions and features may not be fully operational.
- Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
- User acknowledge that third party services are available on the platform. Indivdo may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, users acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's / merchants services.
- Indivdo disclaims and all liability that may arise due to any violation of the Copyright Act, 1957, Trademarks Act,1999 and applicable rules and regulations made thereunder and such liability shall be attributable to the Users.
- While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
- The information provided hereunder is provided "as is". Indivdo and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgment of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
- Indivdo shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
- In no event will Indivdo be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
User agrees to indemnify and hold harmless; Indivdo, its affiliates, and its Employees from any and all third-party claims, losses, liability, damages and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of its terms and conditions, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Indivdo will notify the User of such claim, loss, liability, or demand, and the User shall provide reasonable assistance, at his/her own expense, in defending any such claim, loss, liability, damage, or cost.
- Waiver & Severability:
- Should any part of this terms and condition be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect;
- Failure of Indivdo to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- Force Majeure:
Indivdo shall not be liable for any breach of its obligations resulting from causes beyond their reasonable control including strikes of their own employees, Riots, natural calamities and flood.
- Governing Law:
- This policy/agreement shall be governed by and construed in accordance with the laws of Republic of India and the courts of Hyderabad shall have the exclusive jurisdiction in this regard.
- All disputes will be subject to arbitration in Vadodara, Gujarat by a single arbitrator solely and exclusively appointed by Indivdo as per the provisions/ in accordance with the Arbitration and Conciliation Act, 1996. The seat and Venue of arbitration shall be at Hyderabad. The costs and expenses of arbitration proceedings shall be borne by You and Indivdo jointly and equally. The Arbitration shall be conducted in English language.
- This is the entire agreement between the parties relating to the matters contained herein.
Sending an email to email@example.com
Sending a letter marked to the attention of Ramarao K
- If the User has any other grievance with respect to the Website, the Grievance Officer, who is appointed as per the requirements of the Information Technology Act, 2000, can be reached out. All endeavors may be made by such officer to address the grievance within 30 days of notifying the Grievance Officer.