This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed there under (as applicable or amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures.
The term "imd1" used in this document refers to imd1 platform of Aidia Technovations Private Limited. The term "Platform" used in this document refers to the website (being www.imd1.co), mobile apps and / or any other services offered / to be offered by imd1.
AIDIA Technovations Private Limited (operating under the brand name imd1), is a company, incorporated in India and registered under the Companies Act, 1956 with its registered office at 705, C&B Square, Sangam Complex CTS No.95A, 127 Andheri - Kurla Rd, Chakala, Andheri East, Mumbai - 400 059, Maharashtra along with its subsidiaries and / or employees and / or directors and / or affiliates and / or agents and / or representatives and / or sub-contractors.
For the purpose of this Terms, wherever the context so requires, "you", “your” or "User" shall mean any natural or legal person who has agreed to use the Platform, whether registered or not, including Users whose accounts stand expired. The terms “company”, "we", "us", "our" shall mean the Platform.
PLEASE READ THE TERMS CAREFULLY BEFORE AVAILING ANY FEATURES/ FUNCTIONALITIES/ PRODUCTS / SERVICES ON THIS PLATFORM. ACCESSING OR USING THIS PLATFORM EITHER AS REGISTERED USER OR AS AN UNREGISTERED VISITOR SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND YOU AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT ACCESS THIS PLATFORM FOR ANY PRODUCTS / SERVICES.
You represent and warrant that you are competent and eligible to enter into legally binding contract and have the requisite authority to represent and bind the other party to this contract.
As Platform includes software that downloaded to your computer, phone, tablet or ther other device, you agree that we may automatically update the software from time to time, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us on email@example.com if your any questions.
1. All material, content, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Platform are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished or distributed in any way unless written permission from the Company is obtained to use otherwise and nothing on this Platform deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. Certain contents on the Website may belong to third parties and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.
i. In the development of the Platform and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. However, you acknowledge that the Platform may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Platform. Any feedback from User is most welcome to make the Platform error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Platform for any particular purpose.
ii. imd1 is not responsible for a loss of access to this Platform's services due to failure of networks connected to the Internet, or any other temporary hardware or software failure.
iii. imd1 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. While we make all attempts to deny access only to those individuals who violate this Platform's regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other Users. imd1 is not obliged to ensure that the Platform is available to all Users at all times.
iv. This Platform may contain links to other websites operated by third parties ("linked sites"). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains this Platform's logo, advertisements and/or other Content selected by this Platform. You acknowledge that this Platform and its sponsors neither endorse nor are affiliated with the linked sites and are not responsible for any content that appears on the linked sites. This Platform has neither reviewed not approved these sites and is not responsible for the Contents or omissions of any linked site or any links contained in the linked sites.
v. Our Platform also provides Users with access to compiled information and related sources. Such information is provided on an As Is basis and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Platform. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Application / Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company's prior written consent.
vi. You will not decompile, reverse engineer, or disassemble the contents of the Application and/or Services and/or Products and/or our Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform.
vii. You will not use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Platform to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Application / website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Platform;
viii. Intentionally or unintentionally, you will not interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platform, violate any requirements, procedures, policies or regulations of networks connected to the Platform or engage in any activity prohibited by these Terms;
ix. You will not disrupt or interfere with the security of, or otherwise cause harm to, the Platform, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
x. You will not interfere with, or inhibit any user from using and enjoying access to the Platform, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Platform.
xi. We may electronically block or deny access or suspend or stop providing our Platform to any User deemed to be in violation of any of the Terms in this document or if we are investigating suspected misconduct.
xii. imd1 reserves the right to release current or past user information that imd1 believes is in violation of the terms of service or privacy guidelines, or used to commit unlawful acts, or if the information is subpoenaed, or a request is received from the law enforcement agencies or a court order and / or if imd1 deems it necessary and / or appropriate.
3. You agree and undertake that you shall not host, post, upload, display, modify, publish, transmit, update or share any information content/material that:
i. belongs to another person and to which you don't have any right to; copyrighted content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner;
ii. violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party.
iii. is grossly harmful, blasphemous, paedophilic, false, misleading, unlawful or with the intent to defraud, harass, abuse, intimidate, accuse, impersonate or harm the feelings of anyone; illegal, obscene, pornographic, vulgar, provocative, defamatory, indecent, libellous, hateful, or racially, ethnically objectionable, disparaging, threatening, impersonating another person, enticing/harming of minors in any way, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses is an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality; relating or encouraging money laundering or gambling or otherwise unlawful in any manner.
iv. encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
v. Impersonates any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity
vi. promotes or provides any instructional information about illegal activities;
vii. contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent
viii. violate any applicable laws or regulations for the time being in force.
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
x. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
4. imd1 does not claim any accountability in the content posted by you including without limitation the feedback and suggestions provided. You may upload and share your content, share your views, feedbacks and suggestions.
Y 5. You agree and acknowledge that any content/media (Material), uploaded or posted by you on the Platform is lawfully owned by you. By posting the Material you represent and warrant that you own or otherwise control all the rights including without limitation the right necessary to provide, post, upload, and submit the Material. For any Material posted by you, actions undertaken on the Platform under your account till date you grant a worldwide, royalty free right to imd1 to use, reproduce, disclose, exhibit, display, transform, edit, translate, create, distribute or transmit the material without limitation or restriction with or without having your name attached / attributed / displayed / assigned to such Material. You further agree and acknowledge that imd1 shall be free to use any ideas, concepts, techniques, know-how contained in any Material posted/uploaded by you, for any purpose including but not limited to publicity, promotion, advertising, developing/marketing products or use such information without compensation or any other obligations to anyone including you. You further agree and acknowledge that imd1 is under no obligation to post or use any Material uploaded/posted by you.
6. You agree and acknowledge that the Material posted, uploaded, accessed, bookmarked or shared by you across various imd1 services can be accessed, copied, stored, used publicly by all other users whether registered or not. imd1 services include public areas - that are accessible by all the users whether registered or not with imd1 and you. You shall be solely responsible for any Content uploaded, posted or shared by you. You must consider and decide yourself the extent to which you wish to reveal information about yourself to the large community of imd1 users and to imd1.
7. imd1 may offer various services on the Platform, where you can post and share your views, observations and comments. imd1 cannot guarantee that the other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and / or don't want others to use, do not post it on the platform.
8. Some parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, we will not be responsible or liable for any content uploaded by users directly or indirectly on the Platform. imd1 is under no obligation to monitor or review the user contributed content. imd1 assumes no responsibility for the content, no obligation to modify or remove any inappropriate messages/content and no responsibility for the conduct of any user of this service.
9. To avail of and use few of services on the Platform, you may have to register with imd1. As a part of registration process, you agree to provide current, complete, and accurate registration information as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate. imd1 may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information. Once you provide the basic information to create an account, you will have the opportunity to provide additional information in the profile section describing your postal code, brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.
10. You can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You can also close your account through this Platform by sending your request to firstname.lastname@example.org your login email address. Your request will be processed within 7 business days.
11. If you provide any information that is untrue, inaccurate not current or incomplete or imd1 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, imd1 has the right to suspend or terminate your registration and refuse to provide you with access to imd1 Services, without notice and prohibit any and all current or future use of the imd1 sites (or any portion thereof) by that member other than as expressly provided herein. You hereby unconditionally authorize / approve imd1 to reserve the right to publish any and all information provided as part of this Platform registration, except confidential information like password to authenticate the member, to facilitate social networking among its other users. You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of imd1 or any person or any entity. You are advised to change your login password at regular intervals.
12. The Company may, based on any form of access to the Platform or registrations through any source whatsoever, contact the User through SMS, email and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates and partners / vendors / sub-vendors so that you may be contacted for information and promotions through telephone, SMS, email etc.
13. The Platform may not be compatible with certain devices / tablets / instruments / software / hardware. The Company shall not be obligated to provide workable products and / or services for any such devices or software that are not compatible with the Platform. The Company reserves the right to upgrade its Platform to make it compatible with various devices / software as required from time to time.
14. The Company shall have no responsibility for any loss or damage caused to devices or any other hardware and / or software and / or instrument, including loss of data or effect on the processing speed, resulting from use of our Platform.
15. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for on the Platform. Persons who are minors, are not eligible to register on the Platform. As a minor if you wish to use the Platform, such use shall be made available to you by your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that you meet the required qualification.
16. You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) Your use of and access of the Platform; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Platform has caused damage to a third party. This defence and indemnification obligation will survive these Terms.
17. In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Platform.
18. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Mumbai and You hereby accede to and accept the jurisdiction of such courts.
19. The Company has the right to amend these Terms from time to time without prior notice to you.
i. All notices served by the Company shall be provided via email to your account or as a general notification on the Platform. Any notice to be provided to the Company should be sent to email@example.com.
ii. You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. The Company's rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
iii. If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
iv. Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
v. You acknowledge that your registration on the Platform, does not make you an employee or agency or partnership or joint venture or franchise of the Company.
vi. You acknowledge that, the Company has given you a reasonable opportunity to review these Terms and that you have agreed to them.