a. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000.
i. The term ‘You’, ‘User’ & ‘Business User’ shall mean any legal person or entity accessing or using the services provided on this Platform who is competent to enter into binding contracts, as per the laws of India.
ii. The terms ‘We’, ‘Us’, ‘Our’ shall mean the Platform and/or the Company, as the context so requires.
iii. The term “Third Parties” and “End Users” refer to legal person or entity apart from the Business User and the creator of this platform.
iv. The term ‘Service’ shall mean setting up Survey, capturing feedback, analysing customers experience and providing action for improvement for Industries including but not limited to Hotels, Restaurants, Retail Outlets etc.
v. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
d. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
g. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the User does not adhere to the changes, you must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
Unregistered users shall be able to visit the platform, to fully understand the scope of the Services registration is compulsory. Business User shall provide the following information for Registration which shall include but not be limited to Name, E-mail ID, Organization and Password.
This information is used to provide Users with important services and information that may be customised to their demographic, interests, professional lives, business requirements and desired experience. Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Platform as a User, you may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Platform or availing any of its Services.
Further, at any time during your use of this Platform, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of Your User username and password, and any activity under the account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
The Platform provides the service of setting up online survey’s, capturing feedback through mobile app, tablet, web etc and analysing customers responses for the Business Users belonging to industries including but not limited to Hotels, Restaurants, Hospitals, Retail Outlets, Spa & Salon etc displayed on the platform. The Platform through its features of Deep Analytics, Multi Language Support, Multi-Device Support, Offline Support, Multiple Question Types, Fully Customizable Branding, Offers & Special Promotions, Support For Media, Support For Kiosk Mode, Net Promoter Score, Support For Android & iPads provides its service by setting up Surveys, capturing feedback etc. from the End Users which helps the Business Users in continuing good relationship with the Customers and increase the bandwidth of the customers. The User(s) can view detailed analytics on customer feedback and experience through our web dashboard.
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined by the provisions of the Indian Contract Act, 1872 and other relevant laws of India. The User may not use the Platform if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, user interfaces, data’s, visual interfaces, photographs, trademarks, logos, brand names, descriptions and artwork (collectively, ‘Content’), is generated/provided based on information provided by the company. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner. The User is solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the applications and whilst feedback and comments by Users shall be made via Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the platform, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading. The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.
These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the services and applications. A User may terminate their use of the services and applications at any time. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the platform at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate. It is also hereby declared that the Company may discontinue the services and applications without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause. The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform. The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
Access to the Platform is free for Users and this includes accessing the Platform and viewing the portfolio of services provided. However, subscription is needed to avail services through different packages like Silver, Gold and Platinum which is chargeable excluding Silver package. Billing cycles are typically monthly or annual depending on what package you select when purchasing a subscription. We reserve the right to amend the charges for the services rendered. In case that happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with courses offered by us. Such changes are effective as soon as you are notified, or they are posted on the Platform Payment Methods.
The Users acknowledge that one or more of the following modes of payment shall be accepted on the Web App:
a. Through Credit/Debit Cards
b. Through Internet Banking
c. Through Third-party Payment Gateway
d. Through Wallets
The User agrees and acknowledges that they are a restricted User of this Platform, and that they:
a. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
b. Agree to ensure the email address, address and contact number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
c. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d. Understand and acknowledge that the data submitted is manually entered in to the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the services through the Platform.
e. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Customer comments, Customer locations, User comments, surveys, reviews and ratings for personalization of offers, marketing and promotional purposes and for optimisation of User-related options and services.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
h. Agree not to access (or attempt to access) the Platform and/or the materials or services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform.
i. The User may report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
The User further undertakes not to:
a. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform).
b. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity.
c. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
d. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked platforms.
e. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (ies).
f. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform.
g. Violate any applicable laws, rules or regulations currently in force within or outside India.
h. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise.
i. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
j. Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Platform.
The User hereby expressly authorizes the Platform to disclose any and all information relating to the User in the possession of the Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:
a. If the User is in breach any of these Terms or the Policy.
b. If the User has provided wrong, inaccurate, incomplete or incorrect information.
c. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
a. Your use of the Platform.
b. Any Discussions or Messages you provide.
c. Your violation of these Terms and Conditions.
d. Your violation of any rights of another.
e. Your alleged improper conduct pursuant to these Services.
f. Your conduct in connection with the Platform.
g. Your internal disputes amongst other Users.
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent. In no event shall the Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the services or materials contained therein.
a. The Founders/ Promoters/ Associated people of the Platform are not responsible for any consequences arising out of the following events:
i. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
ii. If the User has fed incorrect information or data or for any deletion of data.
iii. If there is undue delay or inability to communicate through email.
iv. If there is any deficiency or defect in the services managed by Us or third-parties.
v. If there is a failure in the functioning of any other service provided by the Platform.
vi. If there is a loss of use, data, business, revenues or profits arising out of or in connection with the services and these terms.
b. The Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
c. Users may be held legally responsible for damages suffered by other Users, the platform or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Platform.
d. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
e. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
f. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Services provided by this Company/Platform are on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:
a. Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free.
b. Materials, information and contents obtained will be effective, accurate or reliable.
c. The Company bears no responsibility whatsoever for any consequences arising from the use of the said services by Users. The use of the platform is the sole responsibility of the User (or legally authorised person on behalf of the User), and in case of any negligence on the part of the User in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Company/the Platform. The Company shall not be accountable for any information including but not limited to promotional offers, loyalty/rewards, redemptions which the User provides to its customers and the Company shall bear no responsibility towards legal and regulatory compliances of the same. The Company shall bear no responsibility towards reviews and ratings which the customer provides to the user.
d. Any and all advice provided to Users shall be for general information purposes only, and the final decision regarding which Services to avail of from the Platform shall be at the sole discretion of the User. The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Platform. Through this Platform you are able to link to other websites which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Platform up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the platform being temporarily unavailable due to technical issues beyond our control.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trade mark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User. The User is aware that the Company merely provides a Platform through which the Users can communicate and schedule meetings, and the Company/the Platform does not own any of the intellectual property relating to the independent content displayed on the platform, apart from originally created graphics and specified content.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. The User agrees and undertakes that they are accessing the Platform and transacting at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
b. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Website, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Platform and the Platform doesn’t make any warranty about the conduct of Users on the platform.
c. The Company/Platform does not guarantee that the functions, products and services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
d. The Platform is and shall avail services from third parties to serve You better and these services will be provided on “as is” basis and the Platform disclaims any liabilities resulting from these third-party services. The Platform will not be responsible for any internet delays and damages caused by such problems.
e. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below.
b. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Kozhikode.
The Parties expressly agree that the Terms, Policy and any other agreements entered between the Parties are governed by the laws, rules and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to [email protected].
a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at [email protected].
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