THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE PLATFORM.
Lightbooks Technologies Private Ltd. (“Aasaan” or “we” or “us” or derivatives) with a registered office located at 1-65/2/A/46, Plot No 46, Cyber Hills, Kakateeya Hills Rd 9, Kakatiya Hills, Guttala_Begumpet, Hyderabad, Telangana 500081, India has developed a mobile application named “AASAAN” (“App”), which assists you as a user, to build your business online by providing the following services (a) creation and/or hosting of a domain set up through the App (hereinafter, “User Domain”),(b) facilitating your engagement with Vendors(as defined below) , (c) facilitating your interaction with the End Customers (as defined below) (including, without limitation, creation and generation of invoices raised with End Customers for consummation of sale of Products via. the User Domain); and (d) facilitating sale of your Products (as defined below) on various third party e-commerce platforms (“ECommerce Platforms”); (e) such other Services as may be provided by Aasaan from time to time, (hereinafter collectively “Services”).
Our Services indicated on the App and its related website, sub-domains, sites, services and tools (hereinafter collectively referred to as the “Platform”). The Services provided are subject to the following Terms of Use (the "Terms"). These Terms are necessary to protect both you and us and to make our Services possible and more enjoyable for everyone.
Acceptance of Terms and Conditions of Service
BY USING THIS PLATFORM, YOU CONFIRM THAT YOU ARE A USER AS REFERRED TO ABOVE AND AGREE TO FOLLOW AND BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THEM, PLEASE DO NOT USE THE PLATFORM AND DO NOT PROCEED TO REGISTER. YOUR CONTINUED USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS.
The following Terms govern your access to and use of the Platform and the Services. The Services offered to you are conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in these Terms and any operating rules, policies, and procedures that may be published from time to time on the Platform by Aasaan.
You should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to Aasaan’s privacy policy (“Policy”) is hereby incorporated by reference into these Terms.
Aasaan reserves the right to modify or remove any part of the Terms in its sole discretion Aasaan will notify you at least once in a year, or whenever there is a change in these Terms, as the case may be by e-mail or posting a conspicuous notice on the Platform. Visitors to, and Users of, the Platform should visit this page periodically for changes. Any changes are effective upon posting to this Platform.
If you are unwilling or unable to be legally bound by these Terms, please do not use the Platform. You cannot accept these if: (a) you are not lawfully entitled to use the Platform; or (b) if you are not of legal age to form a binding agreement with Aasaan.
Definitions
“Account” or “User Account” means the account opened when you register as a User of the Platform.
“End Customer” shall mean any user that visits the User Domain to browse and/or purchase products and services offered by the User through the User Domain.
“Products” means all such products and/or services manufactured and/or procured and sold by the User to the End Customers through User Domain and/or on any other E-Commerce Platform with the help of the Platform.
“Vendor” shall mean a firm, company, partnership, society or other legal entity who is integrated with the Platform for the purpose of providing you various services through the Platform.
“User” means any person who makes use of the Platform on their own behalf or is authorized to use the Platform on behalf of a company or organization.
We respect your privacy and the use and protection of your personal information. Aasaan collects certain personal information at the time of registration and such other times as may be indicated in the Policy. Such information and data collected by us about our users will be treated as confidential and protected and used by us in accordance with our Policy. You can review the most current version of our Policy at any time atx [https://novahr-dev.io/terms/].
Aasaan does not charge any fee for registration. However, all our Users have to register to use our Services.
Aasaan offers its Users a free plan to use certain restricted Services available on the Platform (“Standard Plan”). Aasaan also offers subscription-based plans, pursuant to which certain additional Services not available otherwise to the Users of the Standard Plan (individually, a “Unlimited Plan”) are made available. The terms and conditions of a Premium Plan may be revised from time to time at the sole discretion of Aasaan, with prior written notification to the Users of such Premium Plan. Aasaan also offers custom plans based on the specific requirements of its Users, on such terms as may be indicated by Aasaan from time to time. The fee charged by Aasaan in relation to any Premium Plan or custom plan shall be referred to as “Fees”. You understand and agree that you will not be entitled to receive a refund for the Fees you have already paid for your current subscription for any non-usage of the same or for any other reason and you will continue to receive the Services ordered, as part of the relevant subscription plan, until the end of your current subscription period.
You, as a User, may upgrade from the Standard Plan or request for downgrades from time to time by notifying Aaasan, in the manner indicated by Aasaan. You understand and acknowledge that this change may affect your existing subscriptions and the Fee charged in relation to such existing subscriptions, as may be deemed fit by Aasaan. Further, in the event you are using a particular Premium Plan or a custom plan at a discounted rate (offered by Aasaan or any other third party) and upon expiry of the subscription plan, you understand that any renewal of your subscription to the same Premium Plan or custom plan will have to be at the full applicable Fee of the Premium Plan and not the discounted rate. Upon expiration of any subscription availed by you, Aasaan shall notify you of the same in a manner deemed fit by it, post which you shall be required to place a renewal request for such subscription, failing which the subscription shall not be made available to you.
Apart from the plans indicated above, Aasaan may make available such other plans as may be deemed fit by it from time to time.
To the extent permitted by law (and unless specified otherwise by Aasaan in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”). You shall be responsible for paying all applicable taxes relating to your use of our Services or any payments or purchases made by you. If Aasaan is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees. Aasaan is not responsible for any such additional fees or costs and/or any fees charged by Vendors directly to you.
Aasaan permits payment via various modes, including virtual payment wallets and online payments through debit/credit cards and internet banking or any other method adopted by Aasaan from time to time.
When you purchase a subscription plan (“Transaction”), Aasaan may ask you to supply additional information relevant to your Transaction, such as your debit or credit card number, the expiration date of your debit or credit card and our address(es) for billing and delivery (“Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information the Payment Information you supply to us is accurate, correct and complete. The amounts due and payable by you for a Transaction will be presented to you before you place our order. If you choose to initiate a Transaction, you authorize Aasaan to provide your Payment Information to third party service providers so Aasaan can complete your Transaction and agree (i) to pay the applicable fees and any taxes; (ii) that Aasaan may charge your debit or credit card or third party payment processing User Account, for verification, pre-authorization and payment purposes; and (iii) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You will receive a confirmation, by way of Short Message Service (SMS) messages or in such other manner as Aasaan may deem fit, after Aasaan confirms the payment for your order. Your order is not binding on Aasaan until accepted and confirmed by Aasaan and Aasaan reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
Chargebacks:
If at any time, we record a decline, chargeback, or other rejection of a charge of any payable Fees on your Aasaan account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder and your use of the Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including the User Domain, applications, and Vendor services may be subject to cancellation.
Your use of the Services will not resume until you re-subscribe for any such Services and pay any applicable fees in full, including any costs and expenses incurred by Aasaan and any Vendor for each Chargeback received (including Fees for Services provided before the Chargeback, handling and processing fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Aasaan, we encourage you to first contact our customer support team before filing a Chargeback or reversal of payment, to prevent the Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted`12q3d or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Services subscribed (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did, in fact, authorize the transaction and make use of the Services rendered after that.
REGISTRATION & CREATION OF ACCOUNTS
To access Services through the Platform, you must register and have a membership Account. In the registration form provided on the Platform, you are required to fill in the required information and give the documents called for. Registration with Aasaan is absolutely FREE. No fee needs to be paid for registering. When you register, you agree to provide true, accurate, and complete information. You agree to update this information as and when changes occur. After filling in the registration form providing all the information, and uploading the required documents, you will receive a confirmation email, including a confirmation link.
You agree that the information provided by you to Aasaan, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if Aasaan has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, Aasaan shall have the right to indefinitely suspend or terminate or block access to the Account on the Platform and refuse to provide you access to the Platform. You are advised to use due caution when providing any information to Aasaan accordingly.
While registering on the Platform, you shall not:
create a User Account for anyone other than yourself, unless such person's prior permission has been obtained;
use a User Account that is the name of another person;
use a User Account that is the name of another person with the intent to impersonate that person.
Aasaan cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Each User represents, warrants, and agrees to grant access to the Account only to individuals authorized to act on behalf of the User and only in accordance with these Terms. The User agrees to be responsible for any action using the User Account.
Your Account and username is not transferable, and any transfer or attempted transfer to another party is null and void.
When you create an Account, you will be asked to provide your e-mail ID and choose a password for the Account to enable you to access and use the Services provided by the Platform. As a User, you agree, and you are entirely responsible for safeguarding and maintaining the confidentiality of your e-mail ID and password. Aasaan shall neither be responsible nor liable for using your e-mail ID and password by anyone other than you and will assume that any person using your e-mail ID and password to access the Service is authorized to act on your behalf. You will be solely responsible for all access to and use of the Platform by anyone using your e-mail ID and password whether or not such access to and use of the Platform is actually authorized by you, including without limitation, all communications, and transmissions, and all obligations (including without limitation financial obligations) incurred through such access or use. You shall immediately notify Aasaan of any unauthorized use of your e-mail ID and password or any other breach or threatened breach of security of this Platform. You shall further ensure that you exit/ logout from the Account at the end of each session. Aasaan shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for any losses incurred by Aasaan or any other User of or visitor to the Platform due to authorized or unauthorized use of the Account, as a result of your failure in keeping the login credentials confidential.
ELIGIBILITY AND OBLIGATIONS OF USER
You agree and confirm that you are a legal entity or an individual 18 years or older. Any registration by, use of, or access to the Platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By using the Platform, you represent and warrant (as an individual) that you are 18 or older, and further, you agree to abide by these Terms. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms. Aasaan may terminate your Account and any content or information that you have posted on the Platform and prohibit your access to the Platform, the User Domain and/or the information set out therein for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are below 18 years of age or that you are not eligible to use the Platform.
When you register for membership with Aasaan or use the Services, you accept all of these Terms, including but not limited to, you agree to (a) abide by these Terms and the processes, procedures, and guidelines described throughout the Platform; (b) be financially responsible for your use of the Platform and purchase of Services; and (c) perform your obligations as specified in these Terms that you accept, unless such obligations are prohibited by law. Aasaan reserves the right in its sole discretion to refuse, suspend, or terminate Services to anyone with or without cause.
You agree and confirm that you have taken all consents from the End Customers whose personal information Aasaan will have access to pursuant to the provision of the Services via. the Platform. You undertake that the End Customers are aware that their personal information is made available to Aasaan.
USER CONTENT
Some areas of the Platform allow Users to post their profile, photographs and videos of their Products, services, etc., where they can manage the content and communicate with others. Users can post blogs, feedback, comments, questions, and other information, discuss topics in groups of forums and use other community features (“User Content”). You acknowledge and agree that you are solely responsible for all the content you upload and make available through the Platform. You represent and warrant that: (i) you either are the owner of all User Content that you make available through the Platform or you have all rights, licenses, consents that are necessary to grant to Aasaan the rights in such User Content; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of such content or Aasaan's use of your User Content does not infringe or violate any third party's patent, copyright, trademark, trade secret or any other proprietary or intellectual property rights, or result in the violation of any applicable law or regulation.
You undertake and warrant that you are solely responsible for the User Content on the Platform and/or on your User Domain, including without limitation, all activity and content such as photos, images, videos, graphics, written content, audio files, uploaded or displayed on or in connection with the Products and/or your User Domain.
You shall at all times be responsible for compliance with all applicable laws including but not limited to those pertaining to intellectual property rights. On written notification of any third party infringement, Aasaan reserves the right to take such remedial measures as it may deem fit, which may include suspension or cancellation of your User Account and/or User Domain and/or the information therein.
Information control: Aasaan generally will not review, edit or delete any User Content, however, we reserve the right to modify or delete such any User Content (or part thereof), which is considered offensive, harmful, inaccurate, or deceptive. However, you understand and agree that such User Content is prohibited from being posted on Platform and/or your User Domain.
You represent and warrant that while posting any User Content on the Platform you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
By using the Platform, you agree to accept such risks and agree that Aasaan is not responsible for any acts or omissions of Users on the Platform and/or User Domain in relation to the User Content.
LICENCE
By making available of any User Content on or through the Platform, you at this moment grant to Aasaan a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, access, view, and otherwise exploit such User Content only on, through or using the Platform and Services. Aasaan does not claim any ownership rights in any such User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. Aasaan reserves the right but is not obligated to reject and remove any User Content that Aasaan believes, in its sole discretion, violates these provisions.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after removing or deleting your User Content from the Platform, subject to applicable law. You understand and agree, however, that Aasaan may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted, subject to applicable law. The above licenses granted by you in User Content for which the Platform does not provide you a means to delete or remove are perpetual and irrevocable.
You are responsible for creating, storing, and backup up your business records and User Content. These Terms and any registration for or subsequent use of the Platform will not be construed as creating any responsibility on Aasaan's part to store, maintain, backup, retain, or grant access to any information or data for any period, except as otherwise required under applicable law.
USER CONDUCT/LAWFUL USE
User agrees that the use of Platform is subject to all applicable international, national state, and local laws and regulations. User agrees to abide by all the applicable laws and is solely responsible for the content of its communications through the Platform. User agrees to use the Platform for lawful purposes only.
User agrees to not list any Product and/or item or link or post any related material that (a) infringes any third party intellectual property rights such as copyright, patent, trademark, service mark, trade secret and/or other proprietary rights, rights of publicity and/ or privacy; or (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. You shall be solely responsible for any legal action brought by a third party in case of any violation of these terms.
Aasaan does not carry out continuous monitoring of the content uploaded by the Users and depend on Users flagging (reporting) content that breaches these Terms. Users can flag other users if a User is misusing the Platform. However, if you are found to be involved in any of the acts of using the Platform and/or your User Domain unlawfully, like selling illegal Products or contraband items, etc., your Account will be terminated, and necessary legal action may be initiated. Aasaan also reserves the right to remove any prohibited material sent/uploaded without warning or notification to the User.
In case of any violation of these Terms, Aasaan reserves the right to seek all remedies available by law and equity for such violations.
PROHIBITED ACTIVITIES
You further undertake the following obligations in relation to hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing any information online. In light of the foregoing, you hereby undertake that during the use of the Platform, the User Domain and/or during any kind of advertisement of the Product on the User Domain and/or any other E-Commerce Platforms, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
Results in licensing, sublicensing, assignment, selling, reselling, transfer, reproduction, duplication or exploitation of any portion of the Services in any way for any commercial use or use on behalf of any third party;
Results in modification, adaption or hacking of the Services;
Contains invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the Platform service;
belongs to another person and to which you do not have any right, except as expressly provided in these Terms;
could impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducts fraud, hide or attempt to hide your identity, or misrepresent the source or content of information, including financial information transmitted through the service or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
provides information about any products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include the promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;
transmits, distributes or submits any information concerning any other person or entity;
could damage reputation and goodwill of Aasaan, disable, overburden or impair the Platform or all or any portion of the service;
engages in commercial activities without Aasaan’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;
is unlawful, grossly harmful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Aasaan's rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
contains bots, crawlers, or spiders, or other methods, to collect any available information from the Platform;
interferes with another User’s use of the Platform;
refers to any website or URL that, in Aasaan’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of Terms;
may decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform and Services or prepare any derivative works;
imposes an unreasonable or disproportionately large load on the infrastructure of the Services or systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
involves the transmission of any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes,” or similar conduct, or otherwise engaging in unethical marketing or advertising;
infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity;
serves to communicate fake, inaccurate or misleading information, including fake inaccurate or misleading news or facts; or
is harmful to minors;
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 foreign States;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
violates any law for the time being in force.
You hereby accept full responsibility for any consequences that may arise from your use of the Platform and expressly agree and acknowledge that in no event and under no circumstances shall Aasaan be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform. You shall not use anyone else’s Account at any time.
You agree and acknowledge that you shall not use the Platform for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your use of the Platform.
Aasaan shall have the right, but not the obligation, to monitor your access to or use of the Platform to ensure your compliance with these Terms or applicable laws at its sole discretion.
Aasaan’s List of Banned Items (Indicative List, not exhaustive)
MODIFICATION OF SERVICES
Aasaan reserves the right to modify or discontinue all or part of the Services, temporarily or permanently, with or without notice to its Users, and is not obligated to support or update the Services. The amended Terms will apply immediately after they are initially posted on the Platform, subject to compliance with the requisite requirements under applicable law. User's continued use of the Services after the posting of the amended Terms on the Platform constitutes User's affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Aasaan shall not be liable to User or any third party if Aasaan exercises its right to modify or discontinue all or part of the Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees before enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account, or continue to support your then-current Aasaan Services without enabling such changes, or provide you with alternative Services.
RELATIONSHIP
The Platform is only a platform. These Terms do not create any agency, partnership, employer-employee, or any other type of relationship between Aasaan and its Users.
User agrees and acknowledges that Aasaan shall not be liable, under any circumstances, to any other party, including the User, or the End Customer for direct, indirect, incidental, consequential, special, or exemplary damages arising from or concerning any submission made by the User or any use of the Services made available on the Platform.
The commercial/contractual terms, including without limitation, duration of services, warranties in relation to the Product or services, are offered by and agreed to between you, the User, and the relevant End Customer as per the terms of your User Domain. Aaasan, whilst performing the Services, does not have any control and does not determine or advise or in any way involve itself in the manufacturing/procurement of the Products or the sale of Products by any of the Users. Any claims in relation to the unsatisfactory performance of the Products or deficiency of services (including, delayed performance or non-performance of services) by any User or the like will have to be resolved by the relevant User. Aasaan is not and cannot be a party to or control in any manner, any transaction between you, the User and the relevant End Customer and shall therefore not be liable or responsible for any such transactions.
PROPRIETARY RIGHTS/INTELLECTUAL PROPERTY RIGHTS
These Terms do not transfer any right, title, or interest in the Platform, Services, or the or any content therein to the User. Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Platform to the extent you have the right to access the Services. Your right to use the Platform and access the Service will be limited by these Terms. Except for this license granted to you and the User Content, we retain all rights, title, and interest in and to the Platform, including all related intellectual property rights comprising any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives, and versions thereof, the “look and feel” of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and techniques, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Aasaan. The Platform is protected by applicable intellectual property laws, including copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not enable or authorize third parties to (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Platform; (b) rent, lease, or sublicense the Platform; nor (c) circumvent or disable any security or technological features or measures in the Platform. When you post User Content/Feedback, you hereby grant (or warrant that the owner of the User Content grants) us a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the User Content for any purpose and without acknowledgement to you. By posting or providing User Content, you represent and warrant that public posting and use of your User Content by us will not infringe on or violate the rights of any third party.
If you download, print or display any content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. You may not use any metatags or other “hidden text” utilizing the Aasaan name or trademarks, or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by Aasaan.
Through a proper notification, Aasaan will remove submissions that infringe upon the intellectual property rights of another and reserves the right to remove submissions without prior notice. Aasaan assumes no responsibility for monitoring the submissions. In the event it chooses to do so at its discretion, Aasaan assumes no responsibility for the submissions or any obligation to remove any inappropriate submissions or any responsibility for the conduct of a User submitting inappropriate submissions. At its sole discretion, Aasaan may remove any submission and terminate a User’s Account for violating any of these Terms at any time and without notice.
Aasaan reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Platform or violation of the Terms.
FEEDBACKS AND SUGGESTIONS
If you provide us with any suggestions, comments, or other feedback relating to the Services (whether existing, suggested, or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Aasaan. By providing such Feedback to Aasaan, you acknowledge and agree that it may be used by Aasaan in order to: (i) further develop, customize and improve of the Services; (ii) provide ongoing assistance and technical support; (iii) contact you with general or personalized Aasaan related notices and/or interview requests based on your Feedback or otherwise; (iv) facilitate, sponsor and offer specific promotions, and monitor performance; (v) create aggregated statistical data and other aggregated and/or inferred information, which Aasaan may use to provide and improve its Services; (vi) enhance Aasaan data security and fraud prevention capabilities; and (vii) comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; (2) irrevocably assign to Aasaan any right, title, and interest you may have in such Feedback; and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
TERMINATION AND CANCELLATION
Violation of these Terms will result in the suspension of Services or termination of your Account. If your Account attracts payment of Fee and Fee is not paid in full, you risk penalties such as the suspension of privileges and/or termination of the Account. If Aasaan terminates your Account or if you close your Account, you remain obligated to pay Aasaan for all unpaid Fees plus any penalties, if applicable.
Notwithstanding anything to the contrary in the preceding, concerning subscriptions to renewing paid services/ Premium Plans, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, the cancellation request should be made at least 14 days before the expiration of the then-current service period.
You are solely responsible for canceling your Account with Aasaan. You can cancel your Aasaan account by using the menu item “Deactivate account” in the Settings page on the Platform. On deactivating, your profile will not be available on the Platform and you will not be able to access the User Domain and/or the information therein (as applicable) subject to the condition that there is no active action pending. You can activate your account in 180 days but will be subjected to buying a subscription. If you do not activate the account in 180 days we will deleting the account information. Notwithstanding the foregoing, your data will remain on our server for any necessary step in the future, subject to applicable law. However, this data will not be used by us or shared with others.
If your Account or any Services or Vendor services relating to your Account are cancelled (whether at your request or at Aasaan’s discretion), it may cause or result in the loss of certain content, features, or access to your User Account and/or User Domain and/or the information therein (as applicable), including any User Content, or other usage data retained therein (“Capacity Loss”). Aasaan shall not be liable in any way for such Capacity Loss or for saving a backup of your Account or User Domain or any information therein or User Content. Please also note that additional Fees may apply to the re-activation of a User Account and/or User Domain and/or any Services following their cancellation, as determined by Aasaan in its sole discretion.
You further acknowledge that upon the termination/cancellation of the Account, (a) Aasaan shall be entitled to immediately delete all related information collected, generated, processed by Aasaan in relation to the display of Products on the E-Commerce Platform and/or your User Domain or in relation to the purchase of such Products by the End Customers; (b) shall automatically result in deactivation/termination of the User Domain.
Upon any such cancellation/termination, you must destroy all content obtained from the Platform and pursuant to receiving the Services and all copies thereof. The provisions of these Terms concerning security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
VENDOR SERVICES
The Platform enables you to engage and procure certain third party services, products, and tools for enhancing your online shop and your overall User experience, including, without limitation, third party logistics partners (collectively, “Vendor Services”).
You acknowledge and agree that regardless of how such Vendor Services may be offered to you (bundled or integrated within certain Aasaan Services, provided separately by Aasaan or persons certified or authorized by Aasaan, or otherwise offered anywhere on the Platform), Aasaan merely acts as an intermediary platform between you and such Vendor, and does not in any way endorse any such Vendor Services, or shall be in any way responsible or liable with respect thereto. Aasaan will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Vendor Services.
You acknowledge that such services may require the payment of additional amounts to Aasaan and/or to the providers of such Vendor Services.
Any and all use of such Vendor Services shall be done solely at your own risk and responsibility and may be subject to such legal and financial terms which govern such Vendor Services, which you are encouraged to review before engaging with them.
If you use Vendor Services, software, or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use Amazon while using the Services, you must comply with the applicable terms and privacy policy of Amazon as of the date of use of such services.
While we hope to avoid such instances, Aasaan may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Domain and/or the Aasaan Services, any Vendor Services – whether or not incorporated with or made part of your Account at such time – without any liability to you.
LIMITATION OF LIABILITY
As a condition for the use of the Platform, and in consideration of the Services provided by Aasaan, User agrees that neither Aasaan nor any officer, affiliate, director, shareholder, agent, contractor or employee of Aasaan will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of the Platform, its Services, or Content.
IN NO EVENT SHALL AASAAN, ITS AFFILIATES AND GROUP COMPANIES (AS APPLICABLE) AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (AS APPLICABLE) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INABILITY TO USE THE PLATFORM; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM/OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND, ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM AASAAN; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM/ BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM/; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; AND/OR (VIII) YOUR FAILURE TO KEEP LOGIN CREDENTIALS OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT AASAAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER/NO WARRANTY
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, COPYRIGHT, ACCURACY OF USER CONTENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. AASAAN CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY POSTING AND THE CONDITION OR SUITABILITY OF ANY PRODUCT. AASAAN DOES NOT ENDORSE ANY SELLER/USER.
AASAAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS PLATFORM. IN NO EVENT SHALL AASAAN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM; INFRINGEMENT OF COPYRIGHTS BY USER CONTENT POSTED ON THE PLATFORM OR BEHAVIOUR OF USERS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
AASAAN FURTHER DOES NOT WARRANT THAT ITS SERVICES WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. AASAAN MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. AASAAN MAKES NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AASAAN AND ITS EMPLOYEES, LICENSORS OR THE LIKE WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. PLEASE INFORM US IF YOU NOTICE ANY INFRINGING CONTENT ON OUR PLATFORM. WE WILL REMOVE THE SAME AT THE EARLIEST.
You acknowledge that there are risks in using the Services and/or connecting and/or dealing with any Vendor Services through or in connection with Services and that Aasaan cannot and does not guarantee any specific outcomes from such use and/or interactions. You hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Vendor Services, breach of warranty and/or contract, violation of rights, and any resulting claims.
You agree and acknowledge that the use of the Platform and the Services shall be at your sole risk and your use of the Platform accordingly represents that you have independently investigated on the reliability of the Services offered by the Platform and are not relying on any representation, guarantee, or statement of Aasaan other than as expressly set forth in these Terms.
The Services provided by Aasaan are Internet-based. You acknowledge and agree that Aasaan cannot control the flow of data between its servers, other portions of the Internet, and your connections and computers. Such flow depends in large part on the performance of Internet products provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although Aasaan will use its commercially reasonable efforts to take steps it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur.
Aasaan reserves the right to deny Users access to the Services from time to time to perform routine or emergency maintenance, bug fixes, or upgrades. Aasaan will use commercially reasonable efforts to notify Users of anticipated material disruptions in the Services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours.
INDEMNIFICATION
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE AND OWN RISK. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AASAAN AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PROPRIETORS, INDEPENDENT CONTRACTORS, CONSULTANTS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES, CUSTOMERS, AGENTS, PREDECESSORS, SUCCESSORS, AND PERMITTED ASSIGNS FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND, LOSS, DAMAGE, EXPENSE (INCLUDING LAWYERS FEE, COSTS, AND EXPENSES) OR LIABILITY THAT MAY RESULT FROM, ARISE OUT OF OR RELATE TO: (A) ACTS OR OMISSIONS BY YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (B) INTENTIONAL OR NEGLIGENT VIOLATIONS BY YOU OF ANY APPLICABLE LAWS OR GOVERNMENTAL REGULATION; (C) CONTRACTUAL RELATIONS BETWEEN THE YOU AND A THIRD PARTY (INCLUDING THE END CUSTOMERS); OR (D) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INCLUDING, BUT NOT LIMITED TO, RIGHTS RELATING TO PATENT AND COPYRIGHT. AASAAN RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH AASAAN IN ASSERTING ANY AVAILABLE DEFENCE. YOU SHALL NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT AASAAN'S PRIOR WRITTEN CONSENT.
OWNERSHIP
Excluding User Content, all content on the Platform, including any copyright, patent, trademarks, product marks, logos, and trade names, whether registered or unregistered, , are proprietary to Aasaan or to other companies where so indicated. You may not publish, distribute, sell, reengineer, reproduce, download or otherwise use any such content without the prior written consent of the appropriate owner thereof. Under no circumstance, you will acquire any ownership rights or other claim, interest, or title in any content by or through your use of the Platform.
RIGHTS & RESERVATIONS
Aasaan reserves the right to:
Make all decisions in relation to inter alia your registration with Aasaan;
Request additional documents and additional information from you for the purpose of your registration as a user with the Platform; and
Deny access to the Platform or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under this Terms; (iii) violation of any of the provisions of the Terms or any applicable laws.
SEVERABILITY, WAIVER, ENTIRE AGREEMENT
If any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable, or void for any reason, such determination shall affect only the portion of such provision determined to be null, unenforceable, or void. It shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of these Terms be found invalid by a court of competent jurisdiction, the remaining provisions of terms of Use hereof shall continue in full force and effect.
The failure of Aasaan to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
The Terms constitute the entire agreement between you and Aasaan and govern your use of the Platform, superseding any prior agreements between you and Aasaan (including, but not limited to, any previous versions of the Terms).
AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms, consent to the receipt of communication from Aasaan by way of in-app messages, Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to your registration, transactions that you carry out through the Platform and, promotions that are undertaken by Aasaan, services from Aasaan and its third-party partners, as applicable.
JURISDICTION, GOVERNING LAW & VENUE
This Platform is controlled and operated by Aasaan from the server at _, India. The place of jurisdiction shall exclusively be in Hyderabad, Telangana. Those who choose to access this Platform or use the Platform from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Platform from jurisdictions where the contents of this Platform are illegal or penalized is prohibited.
These Terms shall be governed by laws of India, without reference to its conflict of principles. Any claim or dispute between you and Aasaan that arises in whole or in part from the Services shall be settled exclusively by binding arbitration as per the Rules of the Arbitration and Conciliation Act, 1996 and amendments thereto. The arbitration shall be conducted in English and the venue and seat of arbitration shall be in Hyderabad, Telangana State, India. Parties shall bear their own arbitration expenses.
DISPUTES
You are solely responsible for your interactions with other Users and/or the End Customers (as applicable). Aasaan reserves the right but shall have no obligation to monitor disputes between you and other Users.
MISCELLANEOUS
Force Majeure: The parties shall be released from their respective obligations in the event of natural calamities, national emergency, war, prohibitive governmental regulation, or any other cause beyond the reasonable control of the parties.
Assignment: You may not assign these Terms, to any third party, without Aasaan's prior written consent. Any assignment or transfer of these Terms without such consent will make the assignment/transfer null and void. Aasaan may assign or transfer these Terms, at its sole discretion, without restriction, to provide the agreed services to you. Subject to the preceding, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
GRIEVANCE REDRESSAL MECHANISM
Name: [Murali Gottumukkala]
Email: [murali@aasaan.app]
Ph No: [905-929-9539]
Address: [1-65/2/A/46, Plot No 46, Cyber Hills, Kakateeya Hills Rd 9, Kakatiya Hills, Guttala_Begumpet, Hyderabad, Telangana 500081, India]
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of this Terms or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000, and Rules made thereunder.
CONTACT
If you have any complaints or require any clarifications regarding these Terms, please submit your complaints or queries via email to info@aasaan.app.
