Terms of Use
This application known as “I Design My Business” (‘application/program’) is made available by
Shukla And Salve Services Private Limited and its affiliates (‘Company’, ‘we’ or ‘us’),
located at 109, Center Point, Sativali Road, Vasai (East), Dist. Palghar,
Maharashtra, India - 401208. The Application is owned and controlled by Shukla And Salve Services Private Limited and facilitates your access to various services and other facilities
provided by the Company.
The Application provides to its users, the power to avail various services and
facilities, including but not limited to information, entertainment, promotion
and/or engagement services and/or facilities as could also be provisioned thereunder
(“Services”).
Your (“you”, “your” or “user”) use of the Application is subject to those terms and
conditions (“Terms”).
User can use the Application on: (i) any handheld phone powered by android and/or iOS
and/or kiosk; or (ii) any device for the purpose of membership, etc.; services
offered by the corporate (each a “Device”) requires that you simply comply with
these Terms and therefore the privacy policy of the application available at Privacy
Policy.
By registering or signing up to the application,
or otherwise having access to, receiving, and/or using the application , you
acknowledge to possess read, understood and you consent to be governed and bound by
these Terms and the Privacy Policy. You also permit to enable certain functions of
the Device to seek out the location of your device, phone statistics and identity,
mount and dismount file systems, ancillary functions. You also consent to allow the
application to access the Wi-Fi connections on your device. In order to supply you
an enhanced experience, the application will automatically activate Wi-Fi on your
mobile as and when it detects availability of a trusted Wi-Fi network owned and
operated by the corporate and/or its affiliates. If you are do not understand the
Terms or the Privacy Policy, or don't accept or comply with any a part of them, then
you ought to not use the application.
The Terms are an electronic record in terms of the knowledge Technology Act, 2000 (as
amended / re-enacted) (“IT Act") and rules thereunder, and is published in accordance
with the provisions of Rule 3 (1) of the of the knowledge Technology (Intermediaries
Guidelines) Rules, 2011, which mandates for publishing of rules and regulations, privacy
policy and terms of use for access or usage of Application. This electronic record is
generated by a computing system and doesn't require any physical or digital signatures.
→PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please read the Privacy Policy of the application available Privacy Policy.
Please note that your use of the Application or Services on your Device or download
thereof from Google Play Store/Apple app store, etc. may be subject to the
respective privacy policies as may be published or availed by the Device and Google
Play Store/Apple app store, etc.
→ MODIFICATIONS
Modifications of the Terms
The Company reserves the right to change the Terms under which the Services are
offered, including but not limited to the charges, if any, associated with the use
of the Services. The Terms could also be further modified due to changes within the
business, legal and regulatory requirements and can be updated online. We will make
all efforts to communicate any significant changes in those Terms to you. You are
encouraged to timely visit this page to review these Terms and any changes in it.
Modification of Services
The Company reserves the right to update feature, modify or delete any content or
features available within the Services at any time at its sole discretion.
→LINKS TO THIRD PARTY SITES AND APPLICATIONS
The Application may contain links to other web sites/applications, whether in the
form of a separate tab or facility within the application or otherwise ‘Linked
Sites’. The Linked Sites may not be under the control of the Company and the Company
is not responsible for the contents of any Linked Site, including without limitation
any link contained during a Linked Site, or any changes or updates to a Linked Site
or any information transmitted on a Linked Site. The inclusion of any link doesn't
imply endorsement by us or any association with its operators.
Any dealings with third parties (including advertisers) included within or available
via the Linked Sites or participation in promotions, including the delivery and
payment for goods and services, and the other terms, conditions, warranties or
representations related to such dealings or promotions, are solely between you and
the advertiser or other third party. The Company shall not be responsible for any
part of any such dealings or promotions.
You acknowledge and agree that the utilization of any Linked Sites is governed by
the terms of use, license agreement, privacy policy, or other such agreement
stipulated by the relevant offeror of each such Linked Site. THE COMPANY DISCLAIMS
ANY and every one RESPONSIBILITY FOR ANY DISCLOSURE of data OR the other PRACTICE OF
AN OFFEROR OF A LINKED SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY WITH
reference to YOUR PERSONAL OR OTHER INFORMATION which will BE COLLECTED, PROCESSED,
SHARED OR RETAINED BY AN OFFEROR OF A LINKED SITE.
The Company reserves the proper to suspend and/or remove any Linked Site or disable
any content forming part thereof at its sole discretion with none prior notice to
you.
→INTELLECTUAL PROPERTY RIGHTS
The Company shall own title, interest and rights, including all related property
rights, in/of the application and your Device including but not limited to code of
the Application, features of services, which is/are protected by the applicable laws
except the content owned by the user. You acknowledge that such ownership shall
include all property rights arising from any suggestions, enhancement requests,
recommendations or any other information provided by the user, whether within the
course of use of the application or your Device.
→USE LIMITATIONS
The Application is merely intended for your personal and non-commercial use.
As a condition of your use of the application, you warrant to the corporate that you
will simply not use the application for any purpose that's commercial, unlawful or
prohibited by these Terms. You may not use the application in any manner which could
damage, disable, overburden or impair the Services or interfere with the other party's
use and enjoyment of the application.
You are not entitled to use any quite measures, mechanisms or tools (software or
hardware) that would interfere with the functioning of the application or any of its
Services.
You may not use the Services or Application if (i) you have been convicted of any
offence under applicable law; and/or (ii) if you are under the age of 18 years.
→ GENERAL
Registration
In order to use the Services through the Application, you are required to sign up for an
account using: (i) a valid mobile number/or e-mail id /or user id with password; or (ii)
other mechanisms that could also be prescribed by us from time to time. In case the
Device is used for the purposes of availing swapping services of the Company, you are
required to have an active subscription to the respective services of the Company.
Updates
You may have to install updates to the Application or related software that we introduce
from time to time to use the Application. Services originating from the application may
communicate with the servers from time to time to see for available updates to the
Services and to the functionality of the application, such as bug fixes, patches,
enhanced functions, missing plug-ins and new versions (collectively ‘Updates’). Your use
of the Services you've installed requires that you have simply agreed to receive such
automatically requested Updates.
Use Restriction
You must not access the application if you're an individual who is either barred or
otherwise legally prohibited from receiving or using the Service or any Services under
the laws of India.
Third-Party Fees
You may incur access or data fees from third parties (such as your internet provider or
mobile carrier) in reference to your use of Services and of Application. You are solely
responsible for all such fees.
Accuracy of Information
You agree that the information entered by you while profile creating/updating or using
any of the Services is true, current, complete and accurate every respects. The Company
is not responsible for any losses arising out of discrepancy in your data. You are
solely liable for maintaining confidentiality and security of your user account and for
all activities that occur on or through your user account. The Company is not
responsible for any losses arising out of the unauthorized use of your account.
→ LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE
LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS of data , OR THE OTHER PECUNIARY LOSS) ARISING OUT
OF THE UTILIZATION OF, OR INABILITY TO USE OR ACCESS, THE APPLICATION OR FOR ANY
SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERRUPTION, DEFECT, OR TECHNICAL
MALFUNCTIONING OF THE APPLICATION/SYSTEM, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT
THE COMPANY HAS BEEN ADVISED OF SIMILAR DAMAGES, OR BASED ON ANY THEORY OF LIABILITY,
INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY
OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH , YOUR USE OF, OR ACCESS TO, the
Application OR THE CONTENT. FURTHER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY
TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE Application BY US
OR FOR ANY CONSEQUENCES RESULTING THROUGH IT.
YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ANY EQUIPMENT AND
ANCILLARY SERVICES (INCLUDING THE PAYMENT OF ANY ADDITIONAL FEES) REQUIRED TO CONNECT
TO, ACCESS OR OTHERWISE USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, , HARDWARE,
SERVERS, SOFTWARE, OPERATING SYSTEMS, REMOTE CONTROLLER, NETWORKING, WEB SERVERS,
INTERNET AND TELEPHONE SERVICE (COLLECTIVELY – ‘EQUIPMENT/S’). YOU WILL ALSO BE
RESPONSIBLE FOR MAINTAINING THE SECURITY OF THE EQUIPMENT/S AND FOR ALL USES OF THE
EQUIPMENT/S WITH OR WITHOUT YOUR KNOWLEDGE AND CONSENT.
YOU ARE SOLELY LIABLE FOR THE CONTENT AND OTHER MATERIALS YOU TRANSMIT THROUGH THE
SERVICE OR SHARE WITH OTHER USERS OR RECIPIENTS. YOU WILL NOT TRANSMIT ANY CONTENT THAT
WAS NOT CREATED BY YOU OR THAT YOU DO NOT OWN ALL RIGHTS, TITLE AND INTEREST IN AND TO,
INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHT AND RIGHTS OF PUBLICITY CONTAINED THEREIN.
THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION,
SOFTWARE AND SERVICES AND RELATED CONTENT CONTAINED ON THE Application FOR ANY PURPOSE.
ALL SUCH INFORMATION, SOFTWARE AND SERVICES AND RELATED CONTENT ARE PROVIDED "AS IT IS"
WITHOUT WARRANTY OF ANY KIND.
YOU SPECIFICALLY AGREE THAT WE/THE COMPANY ARE/IS NOT LIABLE FOR UNAUTHORISED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR
NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE Application. YOU
SPECIFICALLY AGREE THAT THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL SERVICES OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU
SPECIFICALLY AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SERVICES SENT USING AND/OR
INCLUDED WITHIN THE APPLICATION BY ANY THIRD PARTY.
IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES IS/ARE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO: (A) LOSS OF USE, DATA OR
PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE UTILIZATION OR PERFORMANCE OF
APPLICATION; (B) ANY DELAY OR INABILITY TO USE THE Application OR SERVICES; (C) THE
PROVISION OF OR FAILURE TO SUPPLY SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED
THROUGH APPLICATION; (D) OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION OR THE
SERVICES OF THE COMPANY; WHETHER OR NOT ALL OF THE ABOVE LOSSES, CLAIMS OR DAMAGES ARE
BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, EVEN IF THE COMPANT AND/OR ITS
AFFILIATES AND/OR ITS ASSOCIATES ARE ADVISED OF THE LIKELIHOOD OF SUCH LOSSES, CLAIMS OR
DAMAGES.
→TERMINATION(TEMPORARY AND PERMANENT DISABLEMENT)
Unless otherwise provided in these Terms, the Services offered to you'll be terminated
by the corporate without assigning any reasons at any time at the only discretion of the
Company. Upon termination / suspension, you shall not have the proper to use or access
the Application/Services.
GOVERNING LAW AND DISPUTE RESOLUTION
These terms and conditions are governed and construed in accordance with the laws of
India. The courts in Dist. Palghar, Maharashtra shall have exclusive jurisdiction to hear
disputes arising out of these terms.
MAJEURE
The Company shall be under no liability whatsoever within the event of non-availability
of any portion of the application or subscribed content occasioned by act of God, war,
disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any
utility , man-made disaster, infrastructure failure or the other cause whatsoever beyond
the control of the company .
SEVERABILITY
If any of the provisions of these Terms are deemed invalid, void, or for any reason
unenforceable, that a part of these Terms are going to be deemed severable and will not
affect the validity and enforceability of any remaining provisions of those Terms.
109, Center Point, Sativali Road, Vasai (East), Dist. Palghar, Maharashtra - 401208, India.
