Terms of Services
[Last Updated on 23/01/2017 at 16:12:03]
This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions ofRule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.compubrain.com/social, its mobile app/web and other integrated systems/services (“SOCIAL MEDIA 2.0”).
These terms of services apply to all users which use SOCIAL MEDIA 2.0 mobile app/web and its integrated systems/services. Users in this context shall include owners, managers and staff members of SOCIAL MEDIA 2.0registeredusers and unregistered users who use SOCIAL MEDIA 2.0 app/web.
By using this app/web, clicking the “I accept/ I agree” button or completing the registration process, you clearly agree and acknowledge that you have reviewed these terms of service, given consent and accepted this agreement.
References in these Terms to “we” or “us” or “app” or“web” or “site” “company” are references to SOCIAL MEDIA 2.0 app/web and “you” as user (as defined above) of SOCIAL MEDIA 2.0 app/web and its integrated systems/services.
User Agreement
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use SOCIAL MEDIA 2.0, including any sub domains, WebPages or extension of SOCIAL MEDIA 2.0 and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of SOCIAL MEDIA 2.0 and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement.
Amendment: The Company reserves the right to change this App/web and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the App/web on publicly accessible links and you agree by accessing, browsing or using this app/web that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the App/web. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the App/web and also at the email address provided by the User to the Company. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by SOCIAL MEDIA 2.0 Rules and Policies as provided from time to time.
Eligibility
This App/web may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the App/web. A minor is not allowed to access or register as a user on the App/web. In case of registration by an entity, by accepting the User Agreement you represent that such an entity has sufficient authority under applicable law to enter into the User Agreement to accept this User Agreement.
Authorized Representative
You clearly agree and acknowledge to inform us complete details of your authorized representative. In case you have authorized some third party agency to take care of your SOCIAL MEDIA 2.0 then you clearly agree and acknowledge to provide us complete details of such agency in the manner and format as specified from time to time by us.
Registration and Communication
Registration:
You may register on our app/web to create your social media 2.0 sub domain. By completing registration, you hereby clearly agree, acknowledge and grant us to access your personal information available on your different social media accounts including but not limited to Facebook, Twitter and Instagram. Such information may include but not limited to your Pictures, Posts, Blog Contents,Videos, Ratings and Reviewspublicly available in your accounts.
You are solely responsible for maintaining secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the app/web will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The Company, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
You shall not use this App/web for any other purpose including for subscription other than as mentioned above or products that are not allowed under applicable law in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the App/web. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the App/web to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the App/web in any manner whatsoever.
Electronic Communication: You agree and acknowledge to keep yourself updated with all data, information and communication pertaining to you including but not limited to correspondence email id, Facebook url, Twitter url and Instagram url made available on the App/web by the Company. You further agree that your use of the App/web or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you give consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
License:
Subject to the terms and conditions of this agreement, we grant to you a non-exclusive, non-transferable license to use SOCIAL MEDIA 2.0. You shall use the Licensed Program of SOCIAL MEDIA 2.0 for your own use only. You shall not, however, transfer or sublicense the same to any third party, in whole or in part, in any form, whether modified or unmodified.
Technical requirements
User may only register with SOCIAL MEDIA 2.0 if you have the necessary technical requirements at your disposal. Technical requirements shall be your properly hosted functional website including inbox facilities for emails and chat facility. Also, you shall have PC/Tablet and broadband internet connection or android or iOS smart phone having at least 3G internet connection. Also, user account on Platforms like Facebook, Twitter and Instagram must remain live all the time. In case any of aforesaid user accounts is suspended then we shall not be able to provide our services. User therefore clearly agrees and acknowledges that the availability and the proper functioning of technical requirements are the sole responsibility of the User.
The Social Media URL may get ready in the stipulated time frame but you clearly agree and acknowledge that you need to have access to your control panel for your domain name and basic skills to create a sub-domain as well host its pointers to our server. Any delays in this process shall not be calculated in our delivery time. Accordingly you clearly agree and acknowledge that subscription charges begin at the time of registration and not at the time of hosting of social media url.
The instructions “How to use” SOCIAL MEDIA 2.0 will be available on the homepage of the app/web. All users are to ensure that they read and adhere to these instructions for accessing SOCIAL MEDIA 2.0. The user agrees that SOCIAL MEDIA 2.0 shall not be held responsible in event of any occurrence due to the non-adherence of these instructions which prevents the user from using the app/web as designed or due to any reasons over which SOCIAL MEDIA 2.0 have no control.
You also give permission to the Company to store details and records of your usage of the App/web indefinitely. However, this does not constitute any obligation on the part of the Company or the App/web to do so.
Payment Policy
Currently, accessing/browsing social media 2.0 is free for end users who don’t want to create sub domain on our platform. However, we reserve the right to amend this subscription policy and charge for the services rendered. In case if we amend our subscription policy and charge for the service rendered, End Users will be intimated of the same, and it will be up to them to decide whether or not they will continue with the services offered by us. Such changes are effective as soon as they are posted on the Site.
Users who want to subscribe/register for creating social media 2.0 sub domain are responsible for paying all charges/ fees (As per Annexure-A Plan & Fees) associated with the use of the App/web and shall be liable to pay any and all applicable taxes, charges, cesses etc. The Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your subscription with the App/web and disallow access to the App/web.
The Company reserves the right to introduce new services or modify/upgrade the existing services provided on the App/web. Additionally, the Company at its sole discretion may introduce new subscription charges for the new or modified/upgraded services provided. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the App/web and such changes shall automatically become effective immediately after they are posted on the App/web.
Payments must be made using any of the payment software of various payment gateway service providers in accordance with the terms and conditions / privacy policy of payment gateway. We facilitate payment processing through PCI/DSS compliant debit card/credit card/net banking/mobile banking/ mobile wallet/gift cards/PayPal payment gateway. The user clearly agrees and acknowledges that company shall not be held responsible in event of any delays, errors and frauds in processing of payment by entities outside the control of company.
Company uses Payment systems as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be.
The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
Services Activation and Delivery:
Activation e-mail/sms– After the registration and successful payment of subscription fees, the user will get an e-mail/sms for acknowledgement.
Services– User will start receiving all services according to the chosen subscription within maximum 120working hours of completion of all the due procedures and acknowledgment of activation email/sms. However, you clearly agree and acknowledge that company shall never be held responsible for any delays due to whatsoever reasons including but not limited to time taken by Google Play Store or IOS store to approve and publish mobile app. App/web access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.
The user agrees and acknowledges that company shall never be held responsible for any problems that may arise during the course of the subscription due to the internet malfunction/connectivity issues and when the app/web is closed for maintenance / updating with or without prior notice.
You agree and acknowledge that Indian Standard Time (IST) shall be applicable for this agreement. Also, we shall deliver Social Media URL during IST working hours only. Orders placed on Saturdays or on days before Indian National Holidays shall be delivered on the next Working Day.
Social Media URL Sub Domain Policy
You clearly authorize, agree and acknowledge us to set up/host your Social Media URL Sub Domain on our server. Further, you clearly agree and acknowledge that your Social Media URL sub domain shall not be hosted other than at the said sub domain. Further, hosting for said sub domain shall remain with us only considering our unique data migration services of data from your social media accounts to social media 2.0 sub domain. You clearly agree and acknowledge that we shall have all the rights to terminate services in case of any dispute relating to hosting of sub domain.
You clearly agree and acknowledge that timely renewal for the subscription of Social Media 2.0 shall be solely your responsibility. Also, you shall be solely responsible and shall take care of renewing your actual domain and related hosting services. You clearly agree and acknowledge that if you fail to renew your actual domain and related hosting services then automatically Social Media URL shall stop working for which you shall be solely responsible.
In case if you fail to renew your Social Media 2.0 account on time then link shall be suspended and data shall not be available on the published Social Media URL.
Further, hosting for said sub domain shall be free of cost for a reasonable storage limit. In case you exceed said limit then we shall intimate you for up-gradation of your account with higher storage limit which shall be on chargeable basis.
Data Synchronization: Technical data synchronization process shall be carried out to take your personal information available on your different social media accounts to your Social Media URL sub domain. You clearly agree and acknowledge that we shall not be held responsible for unsynchronized data or delay in synchronization process due to any type of technical issues including but not limited to posts which can’t be downloaded from your social media accounts and posts which are restricted by your social media platform for downloading. You clearly agree and acknowledge that it shall be solely your responsibility to check whether all posts/contents are properly synchronized or not. We assure you reasonable support and information for such instances to help you in resynchronization process and therefore you clearly agree and acknowledge that in any case we shall not be liable to match number of posts on your different social media accounts with that of on your Social Media URL sub domain.Also, you clearly understand, agree and acknowledge that data once synchronized on your Social Media URL shall remain live on Social Media URL irrespective of the fact that whether it is live or blocked or suspended on your original social media platform.
Further, you clearly agree and acknowledge that we are an intermediary or aggregator between you and your customers. We have published our intermediary compliance policy as per Section 79 of I.T.Act, 2000 and its rules. Hence you clearly agree and acknowledge that any disputes between you and your customers relating to payments/services shall be solely your responsibility and shall be governed by your policy only.
User account and security
To register for the service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form, including but not limited to your e-mail address, Facebook link, Twitter link, Instagram link, your website link, any other social media links and mobile number. You will protect your account and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
User Obligations
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- may give rise to liability on part of the App/web or the Company or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the App/web without any notice and any such violative information that is displayed or submitted on the App/web can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the App/web to restore or keep back up of your information and data and not hold the App/web or the Company accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the App/web or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the App/web and also for taking appropriate legal actions.
If you choose to provide feedback on the App/web which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
You shall not place any advertisements on the App/web in any manner. Further, you shall not use the App/web to promote any other person’s business or interests on the App/web unless permitted by the Company in writing.
Obligations under relevant sections of Indian Cyber Laws
You agree and acknowledge that
- You shall not use this App/web for any purpose that is unlawful and illegal.
- You shall not try to penetrate the app/web and will not implant any virus, Trojan, worm, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our app/web
- You shall not use this app/web for publishing or promoting or transmitting pornographic data or child pornographic details
- You shall not carry out any web jacking attacks on this app/web.
- You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences’ sections 65, 66, ,66B,66C,66D,66E,66F,67,67A,67B,84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address and other relevant details.
- You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages to company or any other affected party due to business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
Privacy of Data
All details of SOCIAL MEDIA 2.0 will be stored securely on the web server. It is compulsory to refer and agree with our privacy policy and reasonable security practices & procedures.
Third Party Links
We may choose from time to time to provide links to various third-party app/webs from the App/web. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such app/webs. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content or services available through such app/webs.
Contents of Social Media 2.0
Information, reports, videos, blogs, newsletters and every other feature (Collectively known as “online contents of Social Media 2.0”) may be added to and removed from the Service without notice. The Information, reports, videos, blogs, newsletters and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep online contents up to date but users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and online contents are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
Reasonable care has been taken to ascertain the accuracy of all contents. SOCIAL MEDIA 2.0 unequivocally states that the contents provided in the app/web shall not be considered as the authority on that topic / subject. Should the user find that any content is inaccurate or does not agree with that derived by the User then the User may voluntarily undertake to inform SOCIAL MEDIA 2.0 about the same through all available means provided in the app/web of SOCIAL MEDIA 2.0 along with the justification / solution / reasoning for the correct content proposed by the user. The User undertakes and acknowledges that SOCIAL MEDIA 2.0 shall not be held responsible for any content(s) given that may be / have been proven wrong at a later stage, without recourse through a meaningful dialogue with SOCIAL MEDIA 2.0 and providing SOCIAL MEDIA 2.0 an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.
Publicity
Both the Parties agree that they shall use the name of each other in any of the promotion, marketing or announcement or press release without the prior consent of the other Party. Further, you clearly authorize, agree and acknowledge us to place footer text with Monogram and CompuBrain signs and signature on your Social Media URL.
SEO Results Variation
You clearly agree and acknowledge that we do not warrant that the functions contained in Social Media 2.0 will meet your requirements or that the operation of the web/app will be uninterrupted or error-free. Further, you agree and acknowledge that we do not warrant specific positions, traffic or conversions, search engine rankings and related aspects on the grounds of uncontrollable search algorithm changes of search engine companies. The entire risk as to the quality and performance is with you. In no event we will be liable to you or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate web/app, even if we have been advised of the possibility of such damages.
Indemnity
You shall fully indemnify and hold harmless the Company and the Company’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any other User Agreement, law, rules or regulations or the rights of a third party.
Intellectual Property Rights (IPR)
All intellectual property rights and other rights in your online contents of social media 2.0 sub-domain (in both machine readable and printed form) belong to appropriate subscriber/registered user who has agreed to upload/store the said contents in its account of app/web. Users shall not obscure or remove any copyright notices that appear on online contents published on app/web. However, we may use your online contents for our data analytics purposes as per our privacy policy.
The graphics, software, display formats (excluding online contents defined above), design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data from your social media account to social media 2.0 sub domain, flow and every other matters related to the app/web are owned by the company and protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “SOCIAL MEDIA 2.0” and other marks are either trademarks or registered trademarks of Digital Mining Pvt. Ltd. having its registered office at 8, Anjali Society, Near Sardar Patel High School, Maninagar, Ahmedabad-380008, Gujarat, India.
We have started using SOCIAL MEDIA 2.0 trademark on 29.11.2016 and we have uploaded SOCIAL MEDIA 2.0 materials on our server on 01.10.2016. You hereby agree and acknowledge that aforesaid dates shall be considered as documentary evidences for proving our first ownership for all IPR relating to SOCIAL MEDIA 2.0. You hereby agree and acknowledge that aforesaid dates shall be considered as documentary evidences for proving our first ownership for all IPR relating SOCIAL MEDIA 2.0.
You shall not make any changes in the design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data from your social media account to social media 2.0 sub domain, flow and every other related matters. Further, you shall not have any rights to compel/force us to make any changes in aforesaid matters. The company whenever deems right shall have the authority to change design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data from your social media accounts to social media 2.0 sub domain, flow and every other related matters which shall be applicable to all Social Media 2.0 users. An intimation of the modification in design may be made via email on the given correspondence email id.
You agree and acknowledge that IPR shall include but not limited to following list of modules and sub-modules of SOCIAL MEDIA 2.0 app/web.
- Process for Consolidation of Data and structuring the data on the Social Media URL
- Introduce
- Advantages
- Who needs Social Media 2.0
- Pricing
- Blog
- Support
- FAQs
Every effort has been made to ensure the originality and authenticity of every matter on SOCIAL MEDIA 2.0. Similarities with any other matter on similar subjects / topics available in any form elsewhere are purely coincidental. The user unequivocally agrees to ensure that in event of claiming a copyright violation the user will undertake to first inform us through all available means provided in the app/web of SOCIAL MEDIA 2.0 about the nature of copyright violation and suspected user who is prima facie responsible for said copyright violations as well undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame. Further, we have published our intermediary compliance policy as per Section 79 of I.T.Act, 2000 and its rules. Therefore, you agree and acknowledge to adhere to grievance related procedure as described in the said intermediary compliance policy.
Other products/services, names of companies and brand names displayed on the app/web may be the trademarks or copyrights of their respective owners.
Restrictions:
Users shall not:
- Append codes for third party advertisement including but not limited to google adsense;
- re-sell the Service or any part of the contents to others;
- make the Service or any contents available to Unauthorized Persons on any network;
- abstract, download, store, reproduce, transmit, display, copy, distribute or use app/web other than as permitted;
- decompile, disassemble or reverse engineer software programs, databases or other systems used by us to provide the Service;
- use the Service for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users
Termination of services
Initial term of this Agreement shall be as per the Start Date and End Date stated in the activation email/sms.User may renew this agreement for a new term after the completion of previous term.
If, at any time, we have reasonable grounds to believe that the user is not using the app/web in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the subscription, we may suspend the provision of the Service to the User. You agree and acknowledge that we shall have no obligation to reinstate the Service until disputed issue(s) has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the Service. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the user will be entitled to receive and missing data (if any) accumulated during the suspension period. Also, you agree and acknowledge that any restrictions on access rights due to default on your part shall never be termed as denial of service (DoS) contravention.
On termination of this agreement for any reason:
- All licenses granted under this agreement shall immediately terminate;
- Both the parties clearly agree and acknowledge that social media url shall be removed immediately along with all synchronized data;
- You clearly agree and acknowledge that there shall not be any back up facility for synchronized data; and
- The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.
Limited liability clause
You agree and acknowledge that in no event shall the Company or its directors, managers, staff members, service partners, affiliates and service providers be liable for any direct, 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 (in any manner whatsoever, including but not limited to negligence) out of or in connection with the App/web, the Pay Facility, or any other services under this Agreement. Further, you clearly agree and acknowledge that the Company’s liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. Here, it is clarified that any disputes between you and your customers relating to payments/services shall be governed by your policy only. You agree and acknowledge that company being an intermediary for creating your social media 2.0 sub domain shall never be held responsible for such disputes. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App/web or that the operation of the App/web or Pay Facility will be error free and/or uninterrupted. Consequently, the Company being only an intermediary assumes no liability whatsoever for any monetary damages, mental agony, bodily injury, death, accidents or other damages suffered on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App/web or Pay Facility.
Breach
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your subscription, and/or refuse to provide you with access to the App/web or initiate any legal action it may deem fit, particularly in the event:
- You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
- Failure of verification or authentication of any information provided by you;
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with the App/web or use the App/web in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
Grievance Redressal Process
In case of any grievance, objection or complaint on your part with respect to the App/web, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of your subscription or right to use the App/web, you should promptly raise such grievance or complaint with the designated Grievance Officer at grievance@compubrain.in and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the App/web as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
Consent
The contracting parties of this agreement give their consent which is not only free but also legal and voluntarily in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.
Actions in Good Faith
Under this agreement, the actions of both the parties shall be deemed as actions in good faith (bona fide) unless there is evidence to the contrary.
Language
1. All notices given under this agreement shall be in English.
2. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as effective and authoritative.
Appropriation of Payments
Unless otherwise agreed and specified in writing, both the parties agreed to the principle of Appropriation of Payments. In this context, the principle of Appropriation of the payment shall mean that: In the case of default on payment on more than two occasions, the subsequent payment shall be regarded as payment towards the fulfillment of the first debt.
Injunction
You clearly agree that breach of this agreement might cause us irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to compensation and any other remedy, we shall be entitled to injunctive relief against such breach or threatened breach, without proving actual damage.
Non-Poaching
Both the parties agree and acknowledge that while this Agreement is in force and for a period of Twenty Four (24) months thereafter, they shall not directly or indirectly solicit or offer employment to any of the other’s officers, employees, third party contractors and associates who have been involved in or associated with this Agreement without the other’s prior consent. Both the parties clearly understand and agree that Twenty Four (24) months period is reasonable after considering training and grooming time as well as investments made on human resources by the parties.
Confidentiality
Both parties to the agreement undertake to keep confidential, all information (oral or written) concerning the business and affairs of the other party which has been obtained or received as a result of entering into this agreement. You categorically and specifically agree and acknowledge that all information, communication and every other material of Social Media 2.0 shall be kept completely confidential.
General
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to grievance@compubrain.in and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favorable to you.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, and custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
Arbitration
If any dispute arises between you and the Company during your use of the App/web or any service incidental to the App/web or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Ahmedabad, Gujarat, India. The Indian Arbitration & Conciliation Act, 1996 (including any amendments therein), shall govern the arbitration proceedings without any conflict of laws. The arbitration proceedings shall be in the English language.
Governing Laws
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Ahmedabad, Gujarat, India shall have exclusive jurisdiction without any conflict of laws. However, in case of any damages due to cyber contraventions, Jurisdiction of Office of Hon’ble Adjudicating officer, Gandhinagar, State of Gujarat (India) under I.T.Act, 2000 shall be made applicable.
This document is an electronic record in terms of Indian Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical signatures.
Assignment
This Agreement may not be assigned or sublet by the user without the prior consent of Company.
Taxes
You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold us harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.
Entire Agreement
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
Waiver
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
Heading
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
Force majeure
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-outs and industrial disputes.
Survival
Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination including but not limited to privacy, payment, IPR, indemnity, restrictions, limited liability, arbitration, taxes and others will remain in effect until fulfilled and apply to respective successors and assigns.
Contract Interpretations
In this agreement unless otherwise specified:
- Reference to a Subsidiary or Holding Company is to be interpreted in accordance with the Indian Companies Act;
- Reference to a party is reference to a party of this agreement and this includes the party’s permitted assignees and/or the respective successors in title to the whole undertaking;
- Reference to a person includes any person, individual, company, firm, corporation, government, state or agency of a state, or any undertaking regardless of it having a legal representative or not and notwithstanding of the law under which it exists;
- Reference to any statute or statutory instrument or any of its provisions shall be interpreted as a statute or statutory instrument or provisions that is re-enacted or amended from time-to-time;
- All words/terms denoting the singular shall include the plural and vice varsa;
- All words/terms denoting any gender shall include all genders;
- All references to the clauses and Schedules shall be interpreted as reference to clauses or Schedules of this agreement.
Annexure-A Subscription charges & Refund Policy (Subject to change with Notification)
Payment & Payment Terms
Payment for Companies registered in Indian subcontinent:
- Social Media 2.0 charges : INR equivalent to USD 999
- Service Tax @14% of A
- Swatch Bharat Cess @ 0.5% of A
- KrishiKalyan Cess@ 0.5% of A
Total: A+B+C+D
To be paid in advance for a contract of 1 year using PCI/DSS compliant debit card/credit card/net banking/mobile banking/ mobile wallet/gift cards/UPI
Payment for Companies registered outside of Indian subcontinent:
- Social Media 2.0 charges : USD 999
Total: USD 999
To be paid in advance for a contract of 1 year using Paypal as a payment intermediator
Refund Policy
You agree and acknowledge that you believe in our success story and take our services with confidence. You agree and acknowledge before selecting services and making payment, you have evaluated social media 2.0 completely as per your requirements. Also, you agree and acknowledge that there is a lot of work involved to achieve every milestone while offering services to you. Therefore, you clearly agree and acknowledge that if you elect to cancel your subscription after payment then you shall not be entitled for any refund. Further, considering the same reasons, you agree and acknowledge that you shall not raise any dispute with payment repository including but not limited to PayPal, CCAvenue and others for refunding the payment. In case if you raise any such disputes then you agree, acknowledge and allow us to instruct payment repository to credit payment in our account as per this clause.
