This Website and the mobile application ‘AINO’ (Website, together with the mobile application ‘AINO’, shall be collectively referred to as the “Service Platforms” and individually as the “Service Platform”) are owned, maintained and operated by [ICCS Technology Pvt Ltd] (“AINO”). The terms and conditions mentioned on this page along with the other documents referred herein set forth the complete terms and conditions on which AINO provides the services listed on the Service Platforms (“Terms”), including services for connecting users of the Service Platforms (“Users” or “You” or “Your”) to customer care portals of various listed third party companies (“Service Providers”), or any other services that may be developed and made available by AINO on the Service Platforms from time to time (“Services”).
Should you require any clarifications in relation to the Agreement, please feel free to contact us at email@example.com.
1. USER ACCOUNT AND SECURITY
1.1 By accessing the Service Platforms or registering or logging in to use the Services on the Service Platforms, You represent and warrant to AINO that You are 18 years of age or older, and that You have the right, authority and capacity to use the Service Platforms and the Services available on the Service Platforms and enter into, abide by and be bound by this Agreement. Persons who are incompetent to contract as per the applicable laws are not eligible to use the Service Platforms and the Services.
IF YOU USE THE SERVICE PLATFORMS OR THE SERVICES ON BEHALF OF A THIRD PARTY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORISED BY SUCH THIRD PARTY TO ACCEPT THIS AGREEMENT ON SUCH THIRD PARTY’S BEHALF.
1.2 By entering into this Agreement, You acknowledge and agree that Your user ID and password (“User Account”) is for Your exclusive use only. Use or sharing of Your User Account or Your User Account details with another user or third party is not permitted and is cause for immediately blocking Your access to the Services and the Service Platforms and termination of the Agreement.
1.3 You agree that You are solely responsible for maintaining the confidentiality of Your User Account and for all activities that occur under it. You agree to immediately notify our support team at firstname.lastname@example.org if You become aware of or have reason to believe that there is any unauthorised use of Your User Account. You also agree to take all reasonable steps to stop such unauthorised use and to cooperate with AINO in any investigation of such unauthorised uses. AINO cannot and shall not under any circumstances be held liable for any claims related to the use or misuse of Your User Account due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your User Account.
1.4 If it comes to the knowledge of AINO that You have used or registered or logged in the Service Platforms or the Services in contravention of this Clause 1 (User Account and Security), AINO shall be entitled to immediately block Your User Account and Your access to the Service Platforms and the Services, in addition to any other recourse it may have under applicable laws, contract or equity.
2. USAGE OF THE SERVICE PLATFORMS AND SERVICES
2.1 AINO grants you a personal, restricted, non-transferable, non-exclusive and revocable license to use the Service Platforms and the Services offered through the Service Platforms till the termination of this Agreement according to the terms and conditions set forth herein. The Services are provided solely for Your personal and non-commercial use only (“Restricted Purpose”).
2.2 You are permitted access to the Service Platforms and the Services solely for the Restricted Purpose and not for any other purpose whatsoever, including for purposes of monitoring the availability, performance and functionality of the Service Platforms and/or the Services, or for any other benchmarking, commercial or competitive purposes.
2.3 You shall not use the Service Platforms for:
(i) Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
(ii) Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
(iii) Gaining unauthorised access to other computer / network systems;
(iv) Interfering with any other person’s use or enjoyment of the Service Platforms;
(v) Breaching any applicable laws;
(vi) Interfering or disrupting networks or websites connected to the Service Platforms; or
(vii) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
2.4 You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Service Platforms that:
(i) belongs to another person and to which you do not have any right to;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
(iii) harm minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonate another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Service Platforms; or
(ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
2.5 You are also prohibited from:
(i) violating or attempting to violate the integrity or security of the Service Platforms or the Service Platforms’ Content;
(ii) transmitting any information (including job posts, messages and hyperlinks) on or through the Service Platforms that is disruptive or competitive to the provision of the Services;
(iii) intentionally submitting on the Service Platforms any incomplete, false or inaccurate information;
(iv) making any unsolicited communications to other Users of the Service Platforms;
(v) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service Platforms;
(vi) attempting to decipher, decompile, disassemble or reverse engineer any part of the Service Platforms;
(vii) copying or duplicating in any manner any of the Service Platforms’ Content; or
(viii) framing or hot-linking or deep-linking any content on the Service Platforms.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 While You are granted a limited and non-exclusive right to use the Service Platforms and avail the Services for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that AINO is and remains the sole and exclusive owner of the Service Platforms and the content, information, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content available or hosted on the Service Platforms (“Service Platforms’ Content”).
3.2 You acknowledge and agree that this Agreement other than permitting You to access the Service Platforms and avail the Services for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary or any other nature in the Service Platforms, the Services and the Service Platforms’ Content.
3.3 You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate or prepare derivative works of the Service Platforms, or any part thereof, or the Service Platforms’ Contents in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose.
3.4 You further agree and acknowledge that the Service Providers listed on the Service Platforms including their intellectual property, logos, trademarks and other associated proprietary material is the exclusive property of the respective third party Service Providers. AINO claims no responsibility or liability of such material.
4. ONLINE INTERACTION WITH SERVICE PROVIDERS
4.2 You agree and acknowledge that any interaction between You and the Service Providers is strictly between You and the Services Providers. AINO cannot be and shall not be responsible for any such interactions and associated issues. To clarify further, AINO is not involved in providing customer care and resolution service and is not liable or responsible for any outcome of your interactions with the Service Providers pursuant to the Live Interactive Services. If You decide to engage with Service Providers to provide services to You, You do so at Your own risk and consequences.
5. USER REVIEWS AND FEEDBACK
AINO may at its sole discretion permit the Users of the Service Platforms or the Services to provide postings, review and feedback in relation to their experience with respect to using the Service Platforms and/or the Services and other related matters (“User Generated Content”) and display the same on the Service Platforms. You agree and acknowledge that as a User of the Service Platforms and the Services, You agree to use prudent, careful and good judgment when providing such User Generated Content.
Although AINO may from time to time monitor or review the User Generated Content on the Service Platforms, You agree and acknowledge that AINO is under no obligation to do so and assumes no responsibility or liability arising from any such User Generated Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in such User Generated Content or such User Generated Content infringing any third party intellectual property rights. AINO will fully cooperate with any law enforcement authorities or court order requesting or directing AINO to disclose the identity of anyone posting any such User Generated Content.
In the event any User posts, publishes or makes available any User Generated Content on the Service Platforms in contravention of the terms hereof, then without prejudice to and without limiting or restricting any other right or remedy that AINO may have under the terms hereof or under law or in equity, AINO reserves the right to (a) terminate such User’s access to the Service Platforms and/or the Services; and/or (b) delete or remove the User Generated Content, in whole or in part, with or without cause and with or without notice, for any reason or no reason. AINO may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.
6. RELATIONSHIP BETWEEN USERS AND AINO
6.1 It is agreed and acknowledged by the User that access or use of the Service Platforms or the Services provided on the Service Platforms does not create a customer-service provider relationship between AINO and You and does not constitute an opinion, service resolution, or a representation on behalf of the Service Providers to resolve any grievances on Your part but is only provided to assist you with locating and connecting qualified Service Providers.
6.2 It is hereby expressly clarified that the information that You obtain on the Service Platforms, either from AINO’s employees, contractors, partners, sponsors, advertisers or otherwise, is for informational purposes only. AINO makes no guarantee, representation or warranty, whether expressed or implied, with respect to professional qualifications, quality, expertise in relation to the information provided on the Service Platforms. In no event shall AINO be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
7.1 The Services provided on the Service Platforms are provided on an “as is” and “as available” basis, and without any warranties or conditions. AINO does not provide or make any representation, warranty or guarantee about the Service Platforms or the Services (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). AINO does not guarantee the accuracy or completeness of any content or information provided by the Users on the Service Platforms. To the fullest extent permitted by law, AINO disclaims all liability arising out of the Users’ use or reliance upon the Service Platforms, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Service Platforms, or any opinion or suggestion given or expressed by AINO or any User.
7.2 The Service Platforms may be linked to the website of third parties, affiliates and business partners. AINO has no control over and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites. Inclusion of any link on the Service Platforms does not imply that AINO endorses or recommends the linked site. Users may use the links and the services under such links at their own risk.
7.3 AINO shall not be liable for and assumes no responsibility for any inability to access or delay in accessing the Service Platforms or the Services on account for any technical fault or anomaly in any equipment, systems, sub-systems, communication or data transmission networks or for any viruses that may infect User’s equipment on account of User’s access to or use of the Service Platforms or the Services or the accessing, viewing or downloading of any material, data, text, images, video content, audio content or audio-video content from the Service Platforms.
AINO does not endorse or recommend any Service Providers registered or listed on the Service Platforms and any search results of the Service Providers displayed on the Service Platforms should not be construed as and is not intended to be an endorsement or recommendation by AINO of any such particular Service Providers. AINO shall not be responsible or liable for any breach of service or service deficiency by any Service Providers. AINO cannot and does not assure nor guarantee the ability or intent of the Service Provider (s) to fulfill their obligations towards You. It is advisable that You to perform Your own investigation prior to selecting a Service Provider.
7.4 Without prejudicing the generality of any other provision of the Agreement, AINO shall not be liable or responsible for: (i) any incorrect assurance or any false representation given by the Service Provider(s) or any negligence on part of the Service Provider; (ii) any type of inconvenience suffered by the User due to a failure on the part of the Service Provider to provide agreed services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties; (iii) any misconduct or inappropriate behavior by the Service Provider or the Service Providers ‘staff; (iv) any legal or misrepresentation and eventualities that might occur subsequent to using the services of a Service Provider, whom the User has selected through the Service Platforms.
7.5 The Service Platforms and the Services are not intended to be and should not be treated as a substitute for obtaining high level and escalated customer grievance and resolution services. In case of a emergency or escalation, please contact the Service Provider directly.
8. TERM AND TERMINATION
8.1 This Agreement will become effective upon Your registration / signing up on the Service Platform(s) and, subject to the terms and conditions of this Agreement, will remain in effect till the time You deactivate Your User Account or until terminated by AINO, whichever is earlier.
8.2 AINO reserves the right to terminate this Agreement and suspend or block Your access to the Service Platforms with immediate effect by sending a written notice to You on the email linked to Your User Account, in case of the following events (“Events of Default”):
(i) misrepresentation, default, misconduct or breach of Your obligations related to or under this Agreement;
(ii) a third party reports violation of any of its rights as a result of Your use of the Service Platforms or the Services;
(iii) AINO is unable to verify or authenticate any information provide to AINO by a User;
(iv) AINO has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
(v) AINO believes in its sole discretion that such User’s actions may cause legal liability for such User, other Users or for AINO or are contrary to the interests of the Service Platforms and the Services.
8.3 Notwithstanding any other provision of this Agreement, on the occurrence of any Event of Default, AINO shall be authorised to exercise all the rights and remedies under this Agreement or applicable law or in equity to seek indemnification for any loss or claim resulting from any such Event of Default.
8.4 Upon the suspension or blocking of the User Account and termination of this Agreement, the User shall not continue to use the Service Platforms or the Services under the same account, a different account or re-register under a new account.
8.5 It is hereby clarified that Clause 9 (Limitation of Liability), Clause 10 (Indemnity), Clause 14 (Governing Law and Jurisdiction) and any other provision of this Agreement, which by its very nature is intended to survive the termination of this Agreement, shall so survive the termination of this Agreement.
9. LIMITATION OF LIABILITY
9.1 You expressly agree that use of the Service Platforms, the Services and the Service Platforms’ Content are at Your sole risk. We do not warrant that access to or use of the Service Platforms or the Services will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Service Platforms or the Services or as to the accuracy or reliability of any Service Platforms’ Content. In no event will AINO or any person or entity involved in creating, producing, publishing or distributing or providing the Service Platforms and/or the Services be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Service Platforms or the Services.
9.2 The limitation of liability contained in this Clause 9 (Limitation of Liability) applies to any and all 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 unauthorised access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.
9.3 You hereby specifically acknowledge that AINO is not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other Users of the Service Platforms and/or the Services and that the risk of damage or injury from the foregoing rests entirely with each User.
9.4 You agree that AINO’s liability or the liability of its affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Service Platforms, the Services or the Service Platforms’ Content shall not exceed INR 500/- (Rupees Five Hundred Only) in aggregate for all the claims made by a User.
10.1 You agree to indemnify and hold AINO, its directors, officers, employees, agents, contractors and licensors harmless from and against any and all claims, losses, damages, liabilities and expenses including attorneys’ fees, arising out of Your unauthorised use of the Service Platforms, Services and/or Service Platforms’ Content or any violation or breach of this Agreement or any provisions hereof.
11.1 Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
12.1 In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
13. AMENDMENT AND ASSIGNMENT
13.1 AINO reserves the right to unilaterally amend or modify this Agreement without giving any prior notification to You. AINO shall however publish the revised agreement on the Service Platforms so that You are aware of the revisions, modifications and amendments made by AINO to this Agreement. You acknowledge and agree that it is Your responsibility to check the Service Platforms periodically for any revisions, modifications and amendments. Your continued use of or access to the Service Platforms and/or the Services following the posting of any changes to this Agreement shall constitute acceptance of those changes.
13.2 You are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any breach of this Agreement or any terms and conditions hereof.
14. GOVERNING LAW AND JURISDICTION
14.1 This Agreement shall be governed by and construed in accordance with the laws of India and the courts in New Delhi, India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
15. ENTIRE AGREEMENT
If you have any grievance with respect to the Service Platforms or the Services, including any discrepancies and grievances with respect to processing of information, You can contact: