Your access to and use of this site is subject to the following terms and conditions and all applicable laws.
a. This 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.
i) The term ‘You’&‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
ii) The terms ‘We’, ‘Us’, ‘Our’ &‘www.aidaio.com’ shall mean the Website or Website and/or the Company, as the context so requires.
The term “Services” shall meanand refer to all the Software related services that are offered by the Website/Company.
iii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
iv) The terms‘Application’, ‘Mobile Application’& ‘App’ shall mean the mobile application that the User is creating via the Website.
d. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an Orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Websiteconstitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
g. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
- 2.ONLINE PLATFORM
The website is an online platform for digitally engaging and organising the events ecosystem with products that promote at-venue engagement & off-site communications. We provide technology solutions to businesses to enable digital engagement, and event technology that helps them connect and interact with their consumers.
[AIDAIO Revision] The website is an cloud based online platform for creating and designing mobile apps and related technology solutions for events and businesses to enable digital engagement that helps them connect and interact with their consumers.
All the applications will be published under AIDAIO’s account on the Application stores. The requirements of these Application stores must be complied with in order to use and access www.aidaio.com and the applications.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer? The Parties agree that certain portions of these Terms (“Sections”), such as Sections 12, 13, 16, 17, 18, 19, &21 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in section 3 hereinabove.
- 6.MODE OF OPERATION
In order to avail the Services of this Website, You must register by providing the following information which inter alia includes Name, Email ID, Mobile Number, Organization name and User preferences .Etc. You can start using the standard services after registration, or the Company will customize the services offered for you after assessing your requirements.. You can chose anyone of the available template and provide necessary content and images along with choosing the features provided. The customer must also provide the preferred Application name. Once you have created the Application that she desires and made the payment in full, then the Application will be created and put online. You will have to upload/update all the necessary content, images and specific features for the newly created mobile application. Once the upload is completed, the Application would be online and live.
The Website will also provide technical assistance and backup to the Users in order to maintain the Application created and also to help with innovation.
The Services offered by this website is available only to those above the age of 18 years. Barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian. We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of submission, You are solely responsible for protecting the confidentiality of Your information, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your requests.
- 7.Cancellation and Refunds
In case any User wishes to cancel their orders with ‘www.aidaio.com’, he/she must send a request for the same to [email protected] The Company will them get back to the User and provide confirmation of the request being cancelled.
The Company has a strict no refund policy and will not provide refunds for the payments made for any orders cancelled.
There may be instances where the App store requires certain information in order to review and approve the Apps. You are responsible for providing the data requested. There is a possibility that sometimes the App store may reject the apps and while we do our best to resolve these issues, we bear no liability or responsibility to refund any amount in part or whole, in case of such rejection. You agree to cooperate and provide any information we seek in this regard.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
The browsing and use of the Website is free of cost. The Services availed by the User from the Website have to be paid for according the Invoice sentby the Company for the requested Services, the packages chosen and the features added to the Application. The prices may be displayed either in US dollars or in Indian Rupees. For international orders, the bank that has issued your credit/debit card determines the exact exchange rate that you will be charged. Please note we cannot be held responsible for any discrepancies caused by exchange rate fluctuations. In order to determine an estimated exchange rate for your currency, we recommend using an online currency converter.
We reserve the right to amend the charges for the services at any point on the Website for its Services. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the Services offered by Us.
To process financial transactions and Payments to the Company for the Services availed, We use third-party electronic payment processors or service providers (ESPs).Performa invoices will be prepared from the ESPs and forwarded to Your registered Email id with a link to make payment, upon receipt of payment, ESPs shall inform us through an e-mail of the proof of payment.As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
The Company accepts the following modes of payment:
• Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
• Visa Debit cards;
• Netbanking/Direct Debit payments from select banks in India
• Cheque Payment
• Account Deposits
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction.
Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or credit card Partnership. It is at this stage that the User’s order is successfully placed. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the Company. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By availing of the Services on the Website, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated website/applications where reference to such affiliated website/applications has been specifically made. However, subject to development of the mode of payment the payment gateway might change.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website.There are sometimes laws and taxes that affect Internet e-commerce. You agree that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Your exercise of Internet e-commerce.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company/Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- 13.USER’S OBLIGATIONS
a. The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
i. You hereby certify that you are at least 18years of age.
ii. You hereby agree to provide genuine credentials and information during the use of the Website. You shall not use a fictitious identity while availing the Services offered by the Website.
iii. You agree to ensure the email address provided in your Purchase Order form is valid at all times and shall keep your contact information accurate and up-to-date.
iv. You agree to comply with all local laws and regulations governing the use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
b. Prohibited Uses:You undertake not to:
i. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
ii. access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website or, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
iii. use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise
• Company’s Services;
• Any other party’s use and enjoyment of Company’s Services; or
• The Services of any Third Party (including, without limitation to, the Authorized Device);
iv. use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
v. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
vii. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s mobile phone, systems, devises and software solutions that are extentions of the Website;
viii. download any file posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
ix. probe, scan or test the vulnerability of the Website or any network, devises and software solutions to the Website, nor breach the security or authentication measures on the Website or any network, devises and software solutions connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
x. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers, software solutions or networks connected to or accessible through the Website or any affiliated or linked Websites;
xii. violate any applicable laws or regulations for the time being in force within or outside your home country;
xiii. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiv. threaten the unity, integrity, defence, security or sovereignty of your home country, 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;
xv. disseminate information through the Website that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force in or outside your home country.
- 14.INTELLECTUAL PROPERTY RIGHTS
a. All rights related to the Website design, text, graphics and other content, the selection and arrangements are licensed to the Company. The content of this Website is protected by international copyright laws and other intellectual property rights. All Company names and logos mentioned in this Website are the trademarks, service-marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on the website or downloaded from this website including but not limited to text, graphics, video, messages, code and/or software without Our prior written consent, except where expressly invited to do so.
b. The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website/Application, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
c. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other Ser or processes accessible through the Website, not to insert any code or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
- 15.INTELLECTUAL PROPERTY COMPLAINTS
a. We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Website, please contact Us [email protected] / email us at [email protected]
b. By providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
i. You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
ii. all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
iii. the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Website that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
c. For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website and other affiliated Websites, and to use your name and any other information in connection with its use of the material you provide.
d. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing Services using such information.
e. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
- 16.GEOGRAPHICAL EXTENT
a. TheWebsite can be used in all countries worldwide. However, We make no representation that materials or Content available through our Website will be appropriate for and allowed in all countries.
b. If You access or use the Website from a country which prohibits such use, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
a) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
b) The Company has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
c) Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.
d) You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new Services and/ or features through the Website. Such new features and/ or Services shall be subject to the terms and conditions of this Agreement.
- 18.DISCLAIMEROF WARRANTIES AND LIABLITIES
a. You expressly understand and agree that, to the maximum extent permitted by applicable law:
i. the website, services and other materials are provided by this website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, the website makes no warranty that
ii. your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
iii. materials, information obtained and results will be effective, accurate or reliable;
iv. any errors or defects in the website, services or other materials will be corrected.
v. we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws.
b. The website also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
c. The user understands and agrees that any material or data downloaded or services obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.
d. The website accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
e. We shall not be liable for any third party product or services. The advertisements and data available on e-mail or website with respect to the third party website or the products and services are for information purpose only.
- 19.INDEMNITY AND LIMITATIONS
a. You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made Us in connection with any claim arising from or related to:
i. Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
iii. Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
b. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
c. In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Services or materials contained therein.
d. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
20.DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of the Bangalore, Karnataka. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Bangalore, Karnataka and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or on [email protected]
a) Entire Agreement:This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
b) Waiver:The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
c) Liability:The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any service availed of by the User from the Website.
d) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.