Welcome to ITInfracare (hereinafter referred to as the “Website” or “Site” or “We” or “Us”). The website is offered to the user conditioned on their acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Their use of our site constitutes their agreement to all such Terms.
Our Website is owned and operated by ITC Solutions Pvt. Ltd. with its office located at Fl # 708, ‘C’ – Wing, Saptasur, DSK Vishwa, Dhayari, Sinhgad Road, Pune, India – 411041. Our Website provides an online video sharing channel through which people (hereinafter referred to as “users”, or “you” or “your”) will have an opportunity to upload, rent, sell and/or review and approve the content of the videos (collectively, the “Services”).
By using the Website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the website and Services and all Collective Content, and constitute a binding legal agreement between the user and us.
This Site reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the site fraudulently. This site reserves the right to initiate legal proceedings against such persons for fraudulent use of the site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
In using this site the users are deemed to have read and agreed to the following terms and conditions set forth herein. Any incidental documents and links mentioned shall be considered to be accepted jointly with these terms. The users agree to use the site only in strict interpretation and acceptance of these terms and any actions or commitments made without regard to these terms shall be at the users own risk. These terms and conditions form part of the agreement between the users and us. By accessing this site, and/or undertaking to perform a service by us indicates the user understanding, agreement to and acceptance, of the disclaimer notice and the full terms and conditions contained herein.
1. DEFINITIONS AND INTERPRETATION:
I.2 “IT Infra Care” means the online platform that provides a video sharing channel through which users can surf, rent, sell, upload videos, put advertisements on videos, upload video adds, review and/or approve content available on the platform.
I.3 “User”, “You” or “Your” means the individual/business/corporates who visits or uses the site in order to avail services through the site including but not limited to consume, comment, review, upload, rent, sell and/or approve the content. This shall include the visitors, content creators, content approvers and forum users.
I.4 “Content Creators” means the users who will register on the website to upload their technical or skill-based videos.
I.5 “Content Approvers” shall mean the users who have authority to review and approve other user’s (Content Creator) video before it can go public on the website.
I.6 “Visitor” means users who visits the site but do not login into our site in order to consume the data that is available publicly on our website.
I.7 “Forum User” shall means users who have registered on our website to comment on our forums or site wherein we have provided such facilities and/or to like or dislike the contents that have been posted by the other users.
I.8 “Account” means the accounts created by the user on our site in order to use the Services provided by us and require information such as name; email address; password; contact number, etc.
I.9 “Content” means text, graphics, images, music, audio, video, information or other materials.
I.10 “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our site.
I.11 “SNS” means Social Networking Site such as Facebook, Twitter etc.
I.12 The official language of these terms shall be English.
I.13 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2. ELIGIBILITY OF MEMBERSHIP:
2.1 Use of the website is available only to, and may only be used by the individuals who are of the age of Eighteen (18) years or older and can form legally binding contracts under applicable law. You may use the website if you are below Eighteen (18) years only under the supervision and guidance of your Parents or guardians. Your use of the website shall be deemed that you are doing so under the supervision and guidance of your parents. You represent and warrant that all registration information you submit is accurate and truthful.
2.2 Our website reserves the right to terminate your registration and refuse to provide you with access to the website if we discover that you are in breach of these terms. The website is not available to persons whose registration has been suspended or terminated by us for any reason whatsoever.
2.3 Except where additional terms and conditions are provided which are specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website you agree to be bound by the Terms and Conditions.
2.4 We may, at our absolute discretion, refuse to register a person as a User.
3.1 In order to avail our services, you shall be required to create an account with us and register.
3.2 In order to register for an account with us (an “Account”) you need to provide certain personal information such as name, email address, contact number, password OR users can login and register via their SNS. For a visitor no such registration or login is mandatory.
3.3 Some of our services are available to unregistered users who do not have an account like consume publicly available data but in order to avail broader access to our services the user shall be required to create a registered account with us, then you will have complete access to all the services being provided by our website.
3.4 You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You shall be responsible for maintaining the confidentiality of your Account login information and shall be thus fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you will be solely responsible for any activities or actions that occur under your account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
3.5 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
3.6 When creating an Account, don’t:
3.6.1 Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than you without such other person’s permission;
3.6.2 Use a username that is the name of another person with the intent to impersonate that person;
3.6.3 Use a username that is subject to rights of another person without appropriate authorization; or
3.6.4 Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
3.6.5 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have a reason to believe that your Account is no longer secure, then you must immediately notify us at email address provided on “Contact Us”.
3.6.6 You may not transfer or sell your account and ID to another party.
3.6.7 Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time. One individual can own only one account in his/her name.
3.6.8 You agree to comply with all local laws regarding online conduct and acceptable content. You shall be responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the website as well as all other operating rules, policies and procedures that may be published from time to time on the website by Company.
4.1 Our website provides an online video sharing platform via which the users can connect with the other users for various services as listed on the website including but not limited to upload videos, place advertisements, allow authorized users to review and approve videos, rent or sell the content etc.
4.2 Our website enables its users to earn money on our platform by various ways like placing advertisements, selling or renting their content etc.
4.3 Our website also offers paid premium membership to it users. This service allows users to watch the videos/content without ads. Please refer to (Link to Premium membership) for Premium Membership.
4.4 Users need to register on our website to avail the aforementioned services.
4.5 Content creators can only upload videos strictly limited to technical and/or skill-based videos. The Content Creators can however at their sole discretion choose to make their videos public or private. The videos uploaded in Private setting will only be available to the Content Creator and our admin team.
4.6 Content Approvers have the authority to review and approve the Content of the other users that shall be published publicly on our website. They can also upload videos like Content Creators on our website however, they (Content approvers) cannot approve their own video under any given circumstance.
4.7 Our Website also provides forums to comment, like or dislike the content posted on the website.
4.8 The users can post a link to their content which they publish on our website on their Social Networking site accounts such as Facebook, Twitter, etc. They can also share their content posted on their SNS accounts on their Itinfracare account.
4.9 The users can also comment on posts on Itinfracare from their SNS accounts;
5.1 We charge fees for certain services such as posting advertisements, premium membership etc. as listed on the website. The Fees is charged based on the charges provided therein, which we may change from time to time and will update by placing on our website. Please click on (Link to fees/Compensation) for further details.
*The commission for rent and/or sale of the content will be deducted from the total amount payed on the website and the balance will be added to the respective accounts of the users on our website.
6.1 The users may make payments to us via their valid debit or credit cards, or net banking and various other modes available via our website to avail the services.
6.2 In case the user wishes to cancel the payments due to any reason whatsoever we will provide them with cancellation policy and refund the amount as ascertained by the website. Any such refunds or cancellation of payments can only be asked within Fifteen (15) days of their subscription if not then no refund shall be provided under any circumstances.
6.3 The user may also cancel their subscription before it is charged for that month/quarter/year in case of recurring payments, post that no refund shall be provided to the users whatsoever.
6.4 Unless otherwise stated, all prices/fees are quoted in Indian Rupee.
6.5 Our website uses third party payment providers to receive payments from the user. We are not responsible for delays or erroneous transaction execution or cancellation of registration due to payment issues.
6.7 Our website reserves the right to refuse to process transactions by the user with a prior history of any default with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6.8 Our website reserves the right to recover the collection charges and lawyers’ fees from persons using the website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful act or acts or omissions in breach of these terms and conditions.
6.9 We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
7. YOU AGREE AND CONFIRM:
7.1 That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the website and transacting on the website.
7.2 That you will provide authentic and true information in all instances where such information is requested. We reserve the right to confirm and validate the information and other details provided by the user at any point of time. If upon confirmation their details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar the user from using the Services of our website and/or other affiliates without prior intimation whatsoever.
7.3 That you are accessing the services available on this website and transacting at your sole risk and you are using your best and prudent judgment before entering into any transaction through this website.
7.4 That you shall at all times ensure full compliance with the applicable provisions including International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding the user’s use of Our service.
7.5 It is possible those other users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to their use of the website, and that the recipient may use such information to harass or injure you. Although we use best in class security measures like cyber security servers and also encrypt of sensitive data to hide our data even after hacker attack but we do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that the you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
8. YOU MAY NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES:
8.1 Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
8.2 Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
8.3 Interfering with any other person’s use or enjoyment of the website.
8.4 Breaching any applicable laws or in any way that violates any applicable national or international law or regulation.
8.5 Interfering or disrupting networks or web sites connected to the website.
8.6 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
8.7 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
8.8 To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
8.9 In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
8.10 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
8.11 Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
8.12 Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
8.13 Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
8.14 Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
8.15 Use any device, software, or routine that interferes with the proper working of Service.
8.16 Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
8.17 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
8.18 Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
8.19 Take any action that may damage or falsify Company rating.
8.20 Otherwise attempt to interfere with the proper working of Service.
8.21 Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our website, services, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep you from using our website, services, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our website services.
9. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
9.1 We may at any time modify the Terms & Conditions of Use of the website without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms & Conditions on our website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this website.
10. REVIEWS, FEEDBACK, SUBMISSIONS:
10.1 All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
10.2 We are and shall be under no obligation
- to maintain any Comments in confidence;
- to pay you any compensation for any Comments; or
- to respond to any Comments. You agrees that any Comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s),
- will not cause injury to any person or entity; and
- use any vulgar or abusive language in the comments or while giving any feedback; and if at any point you do so it shall result in a legal action further deleting any such comment or feedback. You further agree that no Comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
10.3 Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant us the right to use the name that is submitted by you in connection with any Comments. You further agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments they submit. You are and shall remain solely responsible for the content of any Comments you make and agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
11. COPYRIGHT & TRADEMARK:
11.1 Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, processes, technology, content and other materials, which appear on this website. Please click on (Link for Company’s trademarks/copyright/licenses) for our copyright and trademark details. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of Itinfracare or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
11.2 Itinfracare names and logos and all related service and our slogans are the trademarks or service marks of Itinfracare. All other marks (logos or content) are and shall remain the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
11.3 All materials, including images, text, illustrations, designs, icons, photographs, graphics, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the website or any related software. All software used on this website is the property of our website or its suppliers and protected by Indian laws. The Contents and software on this website may be used only as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by Indian laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of our website and is also protected by laws of India.
11.4 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, you shall inform us. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the information mentioned herein under in writing. We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information at the email provided on “Contact Us” page.
11.4.1 a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
11.4.2 identification of the copyrighted work claimed to have been infringed;
11.4.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
11.4.4 Their contact information, including their address, telephone number and an email address;
11.4.5 a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
11.4.6 a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
11.5 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate your account if we determine that you are a repeat infringer.
11.6 Notices regarding our website should be sent to: firstname.lastname@example.org (email address of our copyright agent to whom copyright infringement complaints can be filed).
11.1 You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the actions or inactions of you, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of their violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
13. ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:
13.1 Our website reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our website. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
13.2 The website is only a venue through which User can reach a larger base to connect with people worldwide.
13.3 The user acknowledges and undertakes that the user is accessing the services on the website and transacting at his/her own risk and are using their best and prudent judgment before using the website. We shall neither be liable nor be responsible for any actions or inactions after you sign up in any regard.
13.4 Our website strongly advises the user not to test the website with false details, as it will put the user at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. In case an unauthorized card is being used the user shall be responsible to pay the amount if the authorities claim the same from the website in order to prevent us from any risks, legal action or refund thereof. It shall thus be the responsibility of the user to bear any or all such risks, legal actions or refunds.
14.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you shall be no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
14.2 Without limiting the foregoing, we may close, suspend or limit your access to our website:
14.2.1 if we determine that they have breached, or are acting in breach of, this Agreement;
14.2.2 if we determine that they have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
14.2.3 if we determine that they have engaged, or are engaging, in fraudulent, or illegal activities;
14.2.4 to manage any risk of loss to us, you, or any other person; or
14.2.5 For other similar reasons.
14.2.6 If we find that you are in breach of these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
15. DISCLAIMERS AND LIMITATION OF LIABILITY:
15.1 The website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the website.
15.2 The website provides content from other Internet sites or resources and while our website tries to ensure that material included on the website is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from you of such information or for any technical problems you may experience with the website. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
15.2.1 Your use of or inability to use our website, Services and tools;
15.2.2 Delays or disruptions in our website, Services, or tools;
15.2.3 Viruses or other malicious software obtained by accessing our website, Services, or tools or any site, Services, or tool linked to our website, Services, or tools;
15.2.4 Glitches, bugs, errors, or inaccuracies of any kind in our website, Services, and tools or in the information and graphics obtained from them;
15.2.5 The content, actions, or inactions of third parties, including items listed using our website, services, or tools or the destruction of allegedly fake items;
15.2.6 A suspension or other action taken with respect to their account; and
15.2.7 To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this User Agreement.. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the website or that the operation of the website will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website; and/or any interruption or errors in the operation of the website.
15.3 Our website periodically schedules system downtime for the maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and are not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
15.4 Our website’s team based upon your subsciption to our newsletter/notifications shall send them information about services, offers, any other general information, notices, letters and other communication via email or at times by posting such information on the website. You can ask us to refrain from sending such offers or promotional offers by sending us an email or by unsubscribing our newsletter and notifications.
15.5 Responsibility for Content: All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Services and we cannot take responsibility for such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You may howevr write to us at email address provided on “Contact Us” page if you find any content inadequate and we may as per our policy remove the content.
16. GOVERNING LAWS AND JURISDICTION:
16.1 This User Agreement shall be construed in accordance with the applicable laws of India regardless of your physical location.
16.2 The Courts at Pune, Maharashtra, India have exclusive jurisdiction in any proceedings arising out of this agreement.
17. DISPUTE RESOLUTION:
17.1 Generally, transactions are conducted smoothly on our website. However, there may be some cases where we and you may face issues. A ‘Dispute’ can be defined as a disagreement between you and us in connection with a transaction on the website.
17.2 In the interest of resolving disputes between you and us in the most expedient and cost effective manner, they and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. It shall be the sole decision of Itinfracare whether to opt for Indian judiciary system or arbitration for the purpose of solving disputes that arise. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.3 The venue for arbitration shall be Pune, Maharashtra, India and the language used for arbitration shall be English.
17.4 The award of the arbitration shall be binding on both, the user and us.
17.5 The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
18. SITE SECURITY:
You are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting the user who is involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from us on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
All Personal Information and User Generated Content provided to or displayed on the website and Services are subject to our Privacy Statement.
20.1. By using the website and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the website and Services.
20.2. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
20.3. Notice will be deemed received and properly served immediately when posted on the website and Services, 48 hours after an email is sent, or 5 days after the date of posting any letter. As proof of service, it is sufficient that:
20.3.1 For letters, the letter was properly addressed, stamped and placed in the post; and
20.3.2 For emails, the email was sent to the specified email address.
21. LEGAL COMPLIANCE
21.1. In addition to this Agreement, you must familiarize them with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
21.2. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in India and all other countries.
21.3. You should comply with country, state and federal regulations.
22. LINKS TO OTHER WEBSITES:
Links to third party Websites on this website are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and do not control and are not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this website, you do this entirely at your own risks.
23. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
25.1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
25.2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and insure to the benefit of each party’s permitted successors and assigns.
26. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- acts of god;
- natural disasters;
- shortage of supplies, equipment, and materials;
- strikes and lockouts;
- civil unrest;
- Computer hacking; or
- malicious damage.
27. DIGITAL SIGNATURE:
27.1. By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register the Account and start using our services. The Account registration constitutes an acknowledgement that you are able to electronically receive, downloads, and prints this Agreement.
27.2. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
27.3. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw the consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw the consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
27.4. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in the email address by updating your Account information on the website or by contacting Customer Support.
28. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between the user and us and supersede any other agreement or understanding (written, oral or implied) that the user and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
29. CONTACT US:
For any further clarification of our Terms and Conditions, please write to us at: