These terms and conditions of Usage (hereinafter referred as “Terms and Conditions”) describe and govern the User’s(“user”, “you” or “your” “Member”) use of the content and services offered by M/s. Equate Connections Private Limited having its registered office at 5/5 Singh Sabha Road, Block No 41, Shakti Nagar Delhi 110007 who is the author and publisher of the internet resource www.indiansconnect.com and is inclusive but not limited to its Application (IOS and Android) and Website(hereinafter referred as “We” “Us” “Our” “ Mobile application” “Application” “Website” “Platform” “Portal”). Your use and continued use of the platform signify that you have gone through the present terms and conditions and have agreed to the conditions stated hereinafter. If you do not agree with any of the clauses mentioned hereinafter, you are highly advised to stop the usage of the platform immediately.
The Website may update/amend/modify these Terms and Conditions from time to time. The User is solely responsible to check the Terms and Conditions periodically to remain in compliance with these terms. For the purpose of the present Terms and Conditions, wherever the context so required and as per defined under the Registration and eligibility, “User” shall mean any legal person or natural person who is visiting the platform or is agreeing to use the platform, irrespective whether the User is registered or not.
As regards the payment gateways, the Website or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
The Website is an internet-based portal having its existence on World Wide Web, Application (IOS and Android) and other electronic medium and provides a platform, which facilitates online listing of various kinds of businesses by the Registered User and providing the User with a platform for connecting with other Users for selling and booking of the product/service listed by them. The Platform provides for features inclusive of Chat, Creating Notice/Notifications, making announcements in relation to the services/products offered by the respective business. The Website is offering “Services” for which you are required to register as a member on the platform. By registering for enjoying the Services, a Member agrees to:
To provide current, complete, and accurate information about himself as prompted to do so by the Website.
To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete.
The platform is providing certain features which are exclusive to the Website and the same are described here for the purpose of convenience to the User. Such features can be revised/added/deleted/modified/created without any notification to any User, as per the discretion of the Website: -
Listing: The business entity can list themselves and create their profile and promote themselves through the website by way of advertisement, etc. The Business entity can use certain keywords attracting the user to their listing which shall be subject to review from time to time by the Website with regard to legality of the same. The Website shall not verify the listing being made by the business entity however the Business entity as a User is subject to the terms provided under the clause “User Obligation” in the following terms and conditions and the search terms/keywords used by the User for the listing shall be subject to review by the Website.
Advertisement: The User is permissible to promote their business or their page by way of advertisement on the platform. Such advertisements shall be subject to the terms provided under the clause “Advertisement” provided under these terms and conditions. Notwithstanding anything contained in the present terms and conditions, the Website shall not be responsible for the content portrayed by the User in such advertisement and the search terms/keywords used by the User shall be subject to review by the Website.
Communities: The Platform provides for a service whereby the Website shall tie-up with a particular kind of community inclusive of Housing Societies, Clubs, Social Clubs, etc. by way of a separate contract between the Website and the said Community whereunder the Community shall be providing the details of all their members which shall include but not limited to the personal contact details. Once the information is supplied, Website shall provide free access to such user while registering themselves on the platform, whose details match with the information so provided by the Service Provider whereby the One Time Password method would be used to validate the account of such User. Such information once validated will provide the Validated User to have access to the information provided by such exclusive service provider for the benefit of the User. It is hereby clarified that the Website shall have no liability for any communication taking place between the Service Provider and the User via the Community and the User or the Service Provider, as applicable, shall be solely liable for any breach whatsoever.
Notices/Notification/Announcement: Under this Feature, certain notices, notification or announcements can be created by the Registered User for the benefit of another Registered User who would be looking out for such similar services for which the said notice, notification or announcement has been created. Such notices can be for services includes but not limited to Emergency services, Share Your Ride services, Buy and Sell, etc. It is hereby informed and clarified to the User accessing such Notices/Notifications/Announcements that the Website bears no liability for any information provided under this feature and the User is advised to employ caution in accepting/transacting under this feature. The Creator of the Notice, Notification or Announcement shall be exclusively liable for the content generated under this feature.
REGISTRATION AND EILIGIBLITY
The User of the Website must be a person who can form legally binding contracts under Indian Contract Act, 1872. A minor under the age of eighteen (18) in most jurisdiction, are not permitted to avail the services provided on the Website without a legal guardian in accordance with the applicable laws. The Website would not be held responsible for any misuse that may occur by virtue of any person including a minor using the services provided through the Website.
For the User to avail the services, the User will be directed to Register as a Member on the Website whereby You (User) agree to provide updated, current and accurate information while filling up the sign-in form. All information that you fill and provide to the Website and all updates thereto are referred to in these Terms and Conditions as "Registration Data."
An account could be created by you through the Website ID and password (OTP). The User while creating an account hereby represents and warrants that all the information provided by the User is current, accurate and complete and that the User will maintain the accuracy and keep the information updated from time to time. Use of another User’s account information for availing the services is expressly prohibited. If in case it is found that the information so supplied on the Website is inaccurate, incomplete, untrue and not current, the Website has the right to suspend or terminate the User’s account and restrict/refuse the use of the Website by such User in future.
Any business entity creating a profile on the Platform is free to list their business and upload information relating to their business on the platform however subject to the condition that no information/service provided through the listed business should be in contravention with the Laws of the particular country.
The User including any business entity registered on the platform, shall not upload data which is offensive, does not violates the IPR including copyright of any other business, unlawful, harmful, hurtful to any User, abusive, obscene, vulgar, defamatory, violation of privacy, doesn’t promote hatred or racism, does not impersonate any other User/business, does not put-up data which hurt religious sentiments, political views, etc. The list provided here is not exhaustive and the Website shall not be responsible for any information uploaded or created by such User on the platform by any means inclusive of information which may be created or uploaded on any of the discussion forums, chats, notices, listing, advertisements, etc.
The right to use this Website is personal to the User and is not transferable to any other person or entity. The User would be responsible for protecting the confidentiality of User’s passwords and other information required for the purposes of registration. The User would be fully responsible for all the activities that occur under the User’s account with the Website. The Website cannot and will not be liable for any loss or damage arising from the User’s failure to maintain secrecy and confidentiality. The User shall notify the Website immediately if they become aware of any unauthorized use of their Account(s) or breach of any security. The User must log out from its account at the end of the session.
The User while availing any service shall be informed whether the service so rendered is personal to the Website or is available from a Third party. The Website shall have no control or monitoring on the information disseminated to any third party via the Website. Any trade or business transaction taking place between the listed business and the other User is not subject to any kind of verification and checking hence the User is advised to use caution and ensure authenticity of the data displayed by the Business at their own end. The Website shall not be responsible for any Chat/Notice/Notification/Announcements/Discussion Forums/Business Listings/ etc, made by the Registered User for whatever purpose.
The User agrees, understands and confirms that his/ her personal data including without limitation to details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the Website have no control over such matters. Hence the User is advised to employ caution in making any kind of transaction over the platform.
The Website does not permit the use of the Services by any User under the following conditions: -
If the User is a resident of any jurisdiction that may prohibit the use of the Services rendered by the Website.
If the User has created multiple accounts using various mobile numbers or Email Id’s. The User may not have more than one active account with the Website, under one Community.
The Website and any individual Websites which may be available through external hyperlinks with the Website are private property.
The User shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
The User shall not post or transmit such review, comments and ratings through this Website on any of the discussion forums, notices, chat, listing etc, which review, comments and rating is offensive, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable. Such, Review, comments and ratings posted by the User are subject to examination by the Website before being permitted to be posted on the website. Any review, rating or comment which may be in conflict with any IPR rights of any third party shall be removed without any information to the User. If such kind of comment is posted, the same shall be deleted without providing any notice to the User posting it. The Website reserves the right to terminate/ delete/ block access of such User from the Website if such comments are repeated.
The Website shall have a right to suspend or terminate access by such User or terminate the User’s registration and such User shall not gain access to the Website.
The Website reserves the right to terminate the access or to change or discontinue any aspect or feature of the Website including, but not limited to, content, graphics, deals, offers, settings, etc.
By using the Site, Application or Services, User hereby agrees that any legal remedy or liability that you seek to obtain for actions or omissions of other Members inclusive of the service provider registered with the Website or other third parties linked with the Website, shall be limited to claim against such particular party who may have caused any harm. You agree not to attempt to impose liability on or seek any legal remedy from the Website with respect to such actions or omissions.
USER ACCOUNT ACCESS
You further agree and provide unconditional access to your data stored on the website and the Website reserves its right to perform regular backups for the administrative purposes only. However, it is agreed by the User that the Website cannot be held liable for any loss of data so lost by the User after being uploaded on the website and cannot in any manner claim, any compensation for the lost or incomplete data in the event that the backup stored by the User is not functioning properly.
The User, if desires, can also contact the Website for the purpose of advertisement of its content, which shall be facilitated on a consideration agreed and paid in advance by such User to the Website.
The User, however would be personally liable for any content displayed on the website by way of advertisement and any such activity, warranties or representations associated with such advertisement is solely the responsibility of the User displaying and the User accepting and/or acting upon it. The Website takes no responsibility of such representation in the form of the advertisements displayed on the website.
BREACH AND TERMINATION
The Website may, in whole or in part, without informing the User, modify, discontinue, change or alter the services ordered or the Account of the User registered with the Website. The Website may or may not issue notice or provide any reason for such action taken by the Website.
Violation of any conditions mentioned in this Terms and Conditions shall lead to immediate cancellation of the Registration of the User, if registered with the Website. The Website reserves right to terminate and initiate action immediately, if:
The Website is not able to verify and authenticate the Registration data or any other relevant information provided by the User.
The Website believes that the actions of the User may cause legal liability for the Website, other Users or any service provider linked with the Website.
The User shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer.
The User shall not engage in any activity that interferes with or disrupts access to the Website
The User shall not attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.
The User shall not violate any applicable laws or regulations for the time being in force within or outside India. The use and continuous use of the Website is subject to but not limited to using the services for personal use.
The User shall not resell or make any commercial use of the Services without the express written consent from the Website.
The User shall not violate these Terms and Conditions including but not limited to any applicable Additional terms of the Website contained herein or elsewhere.
The User grants full permission and access to the Website to copy, distribute, store, transmit, reformat, display the Content as uploaded by you in your account solely for the purpose of making the use of the platform uninterrupted and fully beneficial and in a proper manner while providing the services so delivered through the website.
The User by becoming a Registered member of the Website agrees to the following situations, which list is not exhaustive and may include services incidental to the below mentioned: -
The User agrees not to transmit via the Website any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
The User not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
The User shall not interfere with any other members' use or enjoyment of the Website or Services.
The User shall not use the Services to process data in behalf of any third party other than the Authorized person by the User.
While the Website shall take all steps to resolve any situation that is in violation of the above obligations arises, however if the situation is not controllable, the Website reserves its right to send a written warning henceforth. Such violations, if repeated by the User, shall lead to a total ban for transacting on the platform.
The User further agrees that if any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
DISCLAIMER/LIMITATION OF LIABILITY/WARRANTY
The User expressly understands and agree that, to the maximum extent permitted by applicable law, the Website does not provide warranties for the service.
The Website, services and other materials are provided by the Website 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, the Website makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the quality of the Website, services or other materials will meet your expectations; (iii) any errors or defects in the Website, services or other materials will be corrected.
To the maximum extent permitted by applicable law, the Website will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Website also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
The Website will not be liable for any loss that the User may incur as a consequence of unauthorized use of their account or account information in connection with the Website or any services or materials, either with or without the User’s knowledge.
The Website has endeavoured to ensure that all the information on the Website is correct, but the Website neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. The Website shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Website shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Website's control.
The Website shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Website and/or its employees, directors, and its third party agents involved in processing, delivering or managing the services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the services.
Notwithstanding anything to the contrary contained herein, Website liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Website, for the service during the term of membership.
PROPRIETARY RIGHTS TO CONTENT
The User acknowledges that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or distributed via email, commercially produced information presented to Member by the Website, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. The User is not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by the Website, its suppliers, or advertisers. Moreover, the content such as images, text, designs, etc on all of the portals of the Website are taken from various online portals such as Google Images. Website is not liable for any copyrights of that content or data.
Neither party to the Agreement shall be liable to the other for any failure or delay in performance by circumstances beyond its control, including but not limited to, acts of God, fire, labor difficulties, governmental action or terrorism, provided that the party seeking to rely on such circumstances gives written notice of such circumstances to the other Party hereto and uses reasonable efforts to overcome such circumstance.
Except as otherwise stated in these Terms of Service, all notices to a party shall be in writing and shall be made either via email or snail mail. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit in the snail mail, to Member at the address provided by Member in the Registration Data and to the Website at the address set forth below:
5/5 Singh Sabha Road, Block No – 41, Shakti Nagar, Delhi-110007
GOVERNING LAW AND JURISDICTION
Any dispute, claim or controversy arising out of or relating to this Terms and Conditions including the determination of the scope or applicability of this Terms and Conditions to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by Members and Website. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of India and venue in New Delhi for any such proceeding.
These Terms and Conditions and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. The parties agree to submit any dispute arising under these Terms and Conditions to the jurisdiction of a court located in New Delhi for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.