Home Terms And Conditions

INNOVENTIA SYSTEMS PVT LTD

TERMS OF USE AGREEMENT

INNOVENTIA SYSTEMS PRIVATE LIMITED, (INNOVENTIA) is a company duly incorporated under the Companies Act, 2013 having its registered office at 8/1129 & 1129A, BMRA 100D, Balakrishna Menon Road, Edappally, Cochin, Kerala, India – 682024, India. This term of use agreement (Agreement) governs the use of content, features, and activities related to the website, applications or solutions owned and operated by INNOVENTIA (the App, any solution we offer and the Site are together referred to as Service). This Agreement constitutes a legally binding agreement between yourself and INNOVENTIA.

By using or accessing the Service, you acknowledge that you understand and agree to the terms of this Agreement. INNOVENTIA may also prescribe certain rules for participation in certain services including, but not limited to, contests, offers, loyalty programs, reward programs, subscription services usage of content or images displayed in the service and e-commerce services.

The Privacy Policy is incorporated herein by reference. This Agreement shall remain in full force as long as you are a user of the Service and even in the event of termination of membership, service or feature, you will continue to be bound by your obligations under this Agreement, the Privacy Policy, and any Additional Terms, including any indemnifications, warranties and limitations of liability.

Please read the Agreement carefully and if you do not accept the terms, do not use the Service. The Agreement may be updated/ modified periodically, without notice, for a number of reasons including, but not limited to complying with the applicable laws and regulations, and regulatory requirements. All changes will be published on the Service. The most up to date Agreement will be available on the Service. If any change is unacceptable to you, you should cease using the Service and/or terminate your account. If, however, you continue to use the Service after the date on which the changes to the Agreement come into effect, you will be deemed to have accepted those changes.

The words "use" and/or "using" in this Agreement mean at any point in time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange data or communicate with the Service, or otherwise in any way uses, takes benefit from, takes advantage of or interacts with any function, service and/or feature of the Service, for any purpose. This Agreement does not cover your rights or responsibilities with respect to third party content. This is the entire and exclusive Agreement between you and us regarding the use of the Service.

1.Member

Means a user enrolled and holding a valid online account with the Service. A unique membership code will be assigned to every Member. The rules governing the membership are set by INNOVENTIA and are subject to change from time to time as its sole discretion.

2.Membership Account

Means a user enrolled and holding a valid online account with the Service. A unique membership code will be assigned to every Member. The rules governing the membership are set by INNOVENTIA and are subject to change from time to time as its sole discretion.

The “Membership Account” means the account by which Members can access and enjoy the Service. Every User will be allowed to pick a unique username and password combination in order to use the Service as and when needed. The Membership Account shall not be a payment instrument or medium. Your username and password are personal to you and you may not allow any others to use your username or password at any time or for any reason whatsoever. We shall not liable for any harm caused by theft or misappropriation of login details, disclosure of your login details, or your authorization of anyone else to use your login details. You hereby agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your login details or any other need to deactivate your username or password owing to security concerns. Passwords are issued on a personal basis. Accordingly, all content and instructions transmitted or received from anyone presenting your login details will be deemed binding on you. You, the User, agree that you alone are responsible and liable for any and all actions taken via your account, whether or not made with your knowledge or authority. You agree to maintain the confidentiality of your password carefully and acknowledge that any failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible.

By accepting the terms and/or registering to use the Service, you hereby agree that we shall be entitled to conduct any and all such identification and other verification checks from time to time that we may require and/or are required by the applicable laws and regulations and/or by the relevant regulatory authorities for use of the Service and our products generally and you agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction. You may open only one account. Should we identify any user with more than one account, we reserve the right to treat any such accounts as one joint account.

3. User Information

For successful login for various service we offer, users are required to provide the following information viz. full name of the user, phone number, email address, date of birth, pin code and password. After submitting the details, users have the options to edit their profile information, rate the App, give feedback, on-boarding and logging out.

4. Closure of Account

INNOVENTIA reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, INNOVENTIA shall be entitled to close or suspend your account if:

a) INNOVENTIA considers that you have used the Service in a fraudulent manner or for illegal and/or unlawful or improper purposes;

b) INNOVENTIA considers that you have used the Service in an unfair manner, have deliberately cheated or taken unfair advantage of the Service or if your account is being used for the benefit of a third party;

c) INNOVENTIA is requested to do so by the police, any regulatory authority or court; or

d) INNOVENTIA considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur.

5. Taxes and Other Liabilities

The Members shall be personally liable for any and all claims, costs, taxes, or liabilities any nature arising out of the of facilities or benefits given to a Member, by Merchant Partners, in the course of Membership. INNOVENTIA shall not be liable for any direct or indirect loss or damage, arising from the disbursement or non-disbursement, whole or part, of any such offers, benefits, facilities, appointments, bookings or any other arrangements made or offered by Merchant Partners. The Member while using the Service to obtain the offers, benefits, services or any other arrangements offered by the Merchant Partner shall be subject to the Terms and Conditions of the respective Merchant Partner who is the provider of the same. INNOVENTIA shall not be liable in any case, for any loss or damage, either direct or indirect or both, arising out of discontinuation, modification, withdrawal, limitation of the offers, benefits or facilities or services offered to Members.

6. Intellectual Property

The designs, UI/UX created and used for the Service along with the text, fonts, scripts, graphics, logos, photograph, interactive features and other creatives, and the trademarks, service marks and logos contained therein (Marks), are owned by or licensed to INNOVENTIA, subject to copyright and other intellectual property rights under Indian Intellectual property rights law and international conventions. The Service is provided to you on as-is basis for your personal use only. INNOVENTIA reserves all rights not expressly granted in and to the Service. All software used in the Service is the property of INNOVENTIA or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Service is strictly prohibited except as otherwise permitted by law. You agree to not engage in the use, copying, or distribution of the Service other than expressly permitted herein.

7. Advertisement

From time to time, during your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or/and use the services of or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the Advertisers). All such communication, interaction and participation is between you and the said Advertisers and we shall not be responsible or liable to you in any way in connection with these activities and/or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any of these Advertisers).

8. Representation and Warranty
You represent and warrant that:

a) the use of the Service will comply with all the Applicable local, state, national or international laws (Laws) and will not violate any law, regulation, or contractual obligations;

b) You will not misuse the Service and acknowledge and understand that “misuse” includes, but is not limited to using the Service in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using the Service; and (vi) falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;

9. Contents

You shall be solely responsible for all contents that you upload, transmit, share or display through the services we offer, (collectively the Contents) including but not limited to any photos, profiles (including your name and image), messages, GPS location, information, text, video, music, third party links. INNOVENTIA does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any contents and you shall be solely responsible for and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 10 above.

10.Governance

Your use of the Service is subject to all the applicable local, state, national laws and regulations and, in some cases, international treaties that are relevant to your current location. You are responsible for all activities, acts and omissions that occur in, from, through or under your username or password. You shall not use, allow, or enable others to use the Service, or knowingly condone use of the Service by others, in any way that is, tries to, or is likely to violate any laws, regulations (including, without limitation, laws regarding gambling), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the site, other Users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is contradictory with the terms and conditions of this Agreement.

Any violation of these above terms and conditions will leave users liable to having their accounts terminated. The above statements are taken very seriously by INNOVENTIA and violation of these statements will not be tolerated.

11. Promotion

We provide users for unique promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile/cellular phones. Users by using the Service and acknowledging this Terms and Conditions are giving their consent to receive such information. Information that may be requested for promotions includes, without limitation, a user's preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect email addresses and other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy.

Under no circumstances whatsoever will INNOVENTIA be responsible for any wireless email or text messaging charges incurred by a User or by a person that has access to a user's wireless device, telephone number, or email address.

You understand, acknowledge and agree that we may, at our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without any advance notice.

12.Non – Commercial Use

INNOVENTIA hereby grants you a limited license to use the Service only for the purposes of accessing, viewing posting or submitting content, and using the Service for non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes whatsoever. You must not change, delete or conceal any copyright or other notices contained in the Service, including notices on any service or material you download, transmit, display, print or reproduce from the Service. You shall not, nor will you allow any third party to reproduce, change, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any material on the Service without the express prior written consent of INNOVENTIA. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under the Applicable laws.

13. Public Comments

The Service may provide you with an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities (Communities) and may provide you the opportunity, through such Communities to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information (Post or Postings).You understand, acknowledge and agree that such postings are the sole responsibility of the person from which the postings originated. This means that you are entirely responsible for the consequences of all postings that you upload, post, email, transmit or otherwise make available through and onto the Service. Postings do not reflect the views of INNOVENTIA. We reserve the right to monitor, edit or screen all postings made to the Site. If we determine, at our sole discretion, that any posting does or may in any way violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse and prevent you from posting; (b) remove and delete postings; (c) remove your right to use the Service; (d) disclose any information that we deem necessary to ensure that you comply with all the Applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or any other means available to enforce the provisions of this Agreement, including, blocking specific IP addresses or terminating your registration for the use of the Service.

By using the Service or visiting the comment section you may be exposed to rude, crude, indecent, or otherwise offensive language or references. You agree that INNOVENTIA or any of their affiliates or agents will not be responsible for any loss or damage of any sort relating to your dealings with any third-party advertiser or content provider in the Service.

14. Warranty
A) Service

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, INNOVENTIA, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. INNOVENTIA makes no warranties or representations about the accuracy or completeness of this Service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the use of the Service or through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. INNOVENTIA does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service.

B) App & Website

The App and Website is being provided for use to you with a limited warranty. The App and Website, is provided on an “as is” and “as available” basis without any warranties of any kind, and the company expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, quality, accuracy, timeliness, completeness, correctness or reliability. INNOVENTIA makes no warranty that (i) the App and Website will meet your requirements, (ii) the App and Website will be uninterrupted, timely, secure, virus-free or error-free, (iii) the results such as style recommendations that may be obtained from the use of the App and Website will be accurate or reliable, or (iv) the quality of any services, information, or other material purchased or obtained by you through the service will meet your expectations. No information, advice or services obtained by you from INNOVENTIA shall create any warranty not expressly stated here.

15. Limitation of liability

To the maximum extent permitted by the applicable laws, and under no circumstance shall INNOVENTIA, its directors, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Service, or following a failure, suspension or withdrawal of all or part of the Service at any time, any third party content, software or functions used in connection with the App even if INNOVENTIA or any or all of its agents have been advised of the possibility of such damages. In any event, INNOVENTIA shall not be liable to pay a user, for any damage whatsoever, for any damage whatsoever.

16. Indemnification

You agree to indemnify, defend and hold harmless, INNOVENTIA, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Service and related services; (ii) any breach by you of your obligations under this Agreement; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; or (v) your negligence or wilful misconduct. These obligations will survive termination of this Agreement.

17. Data Security

Each Party confirms and agrees that it shall at all times during the subsistence of this Agreement comply with the provisions of the Information Technology Act, 2000 and the applicable rules thereunder including without limitation the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

18. Severability

It is desired and intended that the terms, provisions and covenants contained in this Agreement shall be enforceable to the fullest extent permitted by law. If any such term, provision or covenant thereof to any person or on any circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the Applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the Service thereof to any person or circumstances, other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.

19. Assignment

This agreement may be assigned by INNOVENTIA to its successors and assigns including if there is any re-organization of INNOVENTIA or transfer of ownership of services.

20. The Applicable law & jurisdiction

Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India. The courts of Ernakulam (Cochin), Kerala shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

21. Contact Us

If you have any questions or concerns about this Agreement or Privacy Policy or its implementation, you may contact us on the following e-mail ID:

E-mail: marketing@innoventia.net