Aidia Technovations Private Limited (“Company”) is the owner and the creator of “imd1” an app/online based project and the services offered/to be offered by imd1 (“Platform”). The term "Platform" used in this document refers to the website (being www.imd1.co), mobile apps and / or any other services offered. These terms govern your use of the Platform (“Terms”). The Platform includes software that may be downloaded to your computer, phone, tablet or other electronic device. You agree that we may automatically update the software from time to time, and that these Terms will apply to such updates. These Terms are applicable to both registered users as well as visitors on the Platform.

PLEASE READ THE TERMS CAREFULLY BEFORE ACCESSING THE PLATFORM. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE PLATFORM.

Interpretation

  • References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
  • Listed entity shall include owner of the entity be it an Individual or partnership firm or a corporate, employees / associates of the entity or any other person representing the Listed entity.
  • Guru shall mean a person coaching any co-curriculum subject and include an Institution, the Guru is associated with, employees of the Institute, associates of the Institute or any other person representing the Guru. The Institute can be an Individual or partnership firm or a corporate.
  • The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;
  • The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;
  • Any grammatical form of a defined term herein shall have the same meaning as that of such term; and the words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively;

Contract between You and Us

This is a contract between the User (“You” “Your” “Yourself”) and Aidia Technovations Private Limited, a Company incorporated under the Companies Act, 2013 having its registered office at 705 C&B Square, Sangam Complex, CTS No. 95A, 127, Andheri Kurla Road, Chakala, Andheri (East), Mumbai - 400059, Maharashtra and/or its affiliates and / or its subsidiaries and / or employees and / or directors and / or representatives.

User must read and agree to these terms before using or accessing our Platform. User agrees that by clicking “Login”, “Sign Up” or similar, registering, accessing or using imd1 services, User agrees to enter into a legally binding contract with Aidia Technovations Private Limited. If User does not agree to this contract (“Contract” or “Terms of Use”), do not click “Login”, “Sign Up” (or similar) and do not access or otherwise use any of imd1 services. If User wishes to terminate this contract, at any time User can do so by closing the account and no longer accessing or using the Platform. These terms describe the limited basis on which the imd1 services are available and supersede prior agreements or arrangements.

Registered users of the Platform are “Members” and unregistered users are “Visitors”. 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.

Other Supplemental terms and conditions may apply to some of the imd1 services as well, such as rules for a particular service or other activity, or terms that may accompany certain content or software accessible through the Platform. Other Supplemental terms and conditions will be disclosed to User in connection with the applicable service or activity. Any such supplemental terms and conditions are in addition to these terms, and in the event of a conflict, prevail over these terms.

The Company may amend these Terms at its sole discretion and make best efforts to notify the User when major changes are made. Continued use of the Platform following the posting of changes and/or modifications will constitute acceptance of the revised terms. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits upon the User. Notwithstanding the above, if any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

The Company may immediately terminate this agreement with respect to the user (including access to the Platform) in case of failure to comply with any of the provisions of this Agreement.

User undertakes and warrants to periodically review the General Terms of Use and the Privacy Policy and that consent of the same shall be construed by the continuous access or use of the platform from the account irrespective of the fact whether it has been actually reviewed or not.

Eligibility

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 the User conform to the aforesaid eligibility criteria. It shall be User’s sole responsibility to ensure that the User meets the required eligibility. User also acknowledges that he/she will comply with this Terms of Use and all applicable local, state, national and international laws, rules and regulations.

User must be at least 18 years of age to create an account on the Platform. By creating an account and using the Platform, User represents and warrants that he/she can form a binding contract with the Company under the Indian Contract Act, 1872 and the User will comply with this Terms of Use and all applicable local, state, national and international laws, rules and regulations.

imd1 Services

The Platform offers various products / services for marketplace, course & curriculum and collaboration in the area of Music, Arts, Dance and Sports (MADS). The platform also offers functionality related to social networking where users can view / follow / interact with other users, post and share / express their views and visuals.

The Company believes in continuous evolvement of the Platform. As such, the Services may change from time to time, at the discretion of the Company. The Company reserves the right to refuse access to the Platform and/or discontinue access to its services in whole or in part for any reasons to any of its users with or without prior notice. The Company also retains the right to create limits on use and storage at the sole discretion of the Company at any time. The Company may also remove or refuse to distribute any Content on the Services, suspend or terminate users, change any of the user names or user id of the User and reclaim usernames without liability on the Company. The Company also reserves the right to change any fees for using any of its services offered on the Platform or begin to charge any fees for its services that may be offered for free.

Account

The Platform requires User to create an account to access some of its services. For details regarding the information we collect and how we use it, please refer to our Privacy Policy. User agrees to provide and maintain accurate, current and complete information, including contact information for notices and other communications from us. User shall provide us with complete details to create a profile. User agrees to update any changes to the information that was provided while registering. User agrees not to impersonate or misrepresent his/her affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. User agrees that we may take steps to verify the accuracy of information that they provide. User may never use another's account without permission.

Account on the Platform may include administrator functionality that permits the administrator(s) to create and view accounts of users. Each user account may be used only by one person and should not be used by multiple persons.

Data Policy

When a user registers on the Platform, the Company stores their personal data and use for the business purpose. By registering on the Platform, the user grants to the Company permission to share that user’s information with the Guru/Listed Entity / Collaboration Partners. The Guru / Listed Entity / Collaboration Partner / Company is required to respect the privacy of the users. The Guru / Listed Entity / Collaboration Partner has a limited license to use this information only for the Platform related communications or for the Platform related transactions.

Data Security

User is responsible for taking reasonable steps to maintain the confidentiality of username and password, and is also responsible for all activities under the account that User can reasonably control. User should take all necessary steps to ensure that the password is kept confidential and secure and agrees to promptly notify us if they have any reason to believe of any unauthorized use of username, password or other account information, or of any other breach of security that User becomes aware of involving the Platform’s Services and the Company may disable or suspend the account.

The Company shall not be liable for the losses caused by any unauthorized use of the account. The security, integrity and confidentiality of information is extremely important to us. We provide physical, electronic, and procedural safeguards to protect Information we process and maintain. For example, we limit access to this Information to authorized personnel only who need to know that information in order to operate, develop or improve our Platform. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Communications

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, the User agrees to make contact details available to Our employees, associates and partners / vendors / sub-vendors so that the User may be contacted for information and promotions through telephone, SMS, email etc.

Payments and billing

When User provides payment information, User represents and warrants that the information is accurate, that User is authorized to use the payment method provided, and that User will notify us of changes to the payment information. We reserve the right to utilize third party payment and credit card updating services to obtain current expiration dates on debit/credit cards. If User uses an online payment method, he/she may incur an additional payment processing fee charged by the Payment Gateway.

Cancellation and Termination

User can review the personal information provided to us and make any desired changes to the information, or to the settings for the account on this Platform, at any time by logging in to the account and editing the information on profile page. User can also close account through this Platform by sending request to care@imd1.co with login email address. Such request will be processed within 30 business days.

We may suspend or terminate User account or cease providing with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) User has violated General Terms of Use or any other supplemental Terms, (ii) User creates risk or possible legal exposure for us; (iii) account should be removed due to prolonged inactivity; (iv) our provision of the Services to the User is no longer commercially viable; or (v) information provided by the User is not accurate, complete or true. We will make reasonable efforts to notify the User on the contact details provided.

In the event of termination or cancellation, the account will be disabled, and User may not be granted access to the account or any subscribed services or any files or other content contained in the account.

Report a user

User may report to the Company, any user who might have been harassing or troubling him/her on the Platform while availing our services. Upon such a request by the User, we shall raise the inquiry and look into the matter. We shall confirm with the User and ask relevant reasons for reporting such a person. At the sole discretion of the Company, if we feel it is prudent and necessary, we shall contact the person reported by the User for further inquiry and details. Thereafter, we shall involve the relevant authorities such as the local police and report such a person to the authorities for further action, if necessary.

Intellectual Property

The Platform and our services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights on the Platform is owned by the Company or our licensors or licensees or any affiliate entity. User agrees that the Company owns all rights to the course content, visuals, method of coaching, code, databases, visual-design and layout of the service. Except as we specifically agree in writing, no element of the Platform or its services may be used or exploited in any way other than as part of the Platform’s services offered to the User. The Company retains full and complete ownership of the imd1 services and all the intellectual property rights vested therein. Certain contents on the Platform may belong to third parties and all rights relating to such content will remain with such third party. We do not transfer title to any portion of the imd1 services. Nothing provided by any brand owned or licensed by imd1 should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark displayed on the Platform without the written permission of the Company.

Content and Software License

The Company claims no intellectual property rights over the material the User provides to the Platform. User profile and materials uploaded remain with the User.

If the Platform is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant the User a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use such software, content, virtual item or other material for personal and intended purpose and applicable duration only.

User agrees not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Platform to any third party (including, without limitation, the display and distribution of the material via a third party website) without prior written consent of the Company.

User may not redistribute, circumvent or disable any content protection system or digital rights management technology used with any of the Platform’s service; decompile, reverse engineer, disassemble or otherwise reduce any of the Platform’s service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any of the Platform’s service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands or Platform. By acquiring services, content or software through the Platform, User represents and warrants that access to and use of the services, content or software will comply with those requirements.

Conduct of User

User must not use the Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged or impaired in any way. User understands that the User, and not the Company, is responsible for all electronic communications and content sent from User’s mobile/computer/device to us and User must use the Platform for lawful purposes only. User is responsible for all content posted and activity that occurs under the account and under other accounts that are created on the Platform. User must not use the Platform for any of the following:

  • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
  • to send, use or reuse any material that does not belong to the User; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical and emotional harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States and/or any other foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
  • to cause annoyance, inconvenience or needless anxiety;
  • create a false identity, misrepresent own identity, create a Member profile for anyone other than own self (a real person), or use or attempt to use another’s account, fishing;
  • develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Platform’s service or otherwise copy profiles and other data from the Platform’s service;
  • decompile, reverse engineer, or disassemble the contents of the Platform 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.
  • override any security feature or bypass or circumvent any access controls or use limits of the Platform’s service (such as caps on keyword searches or profile views);
  • copy, use, disclose or distribute any information obtained from the Platform’s service, whether directly or through third parties (such as search engines), without the prior written consent of the Company;
  • disclose information that User does not have the consent to disclose (such as confidential information of others (including employer and fellow members);
  • use bots or other automated methods to access the Platform’s service, add or download contacts, send or redirect messages;
  • monitor the Platform’s service availability, performance or functionality for any competitive purpose;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform’s service;
  • introduce a virus or other harmful component, or otherwise tamper with, impair or damage any of the Platform’s service or connected network, or interfere with any person or entity’s use or enjoyment of any the Platform’s service;
  • access, monitor or copy any element of the Platform’s service using a robot, spider, scraper or other automated means or manual process without our express written permission;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
  • use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers" that accesses the Service in a manner that sends more request messages to the Platform’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • overlay or otherwise modify the Platform’s service or their appearance (such as by inserting elements into the Platform’s service or removing, covering, or obscuring an advertisement included on the Platform’s service).

Disclaimers and Limitation on Liability

THE PLATFORM’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.

WE SHALL NOT BE LIABLE TO THE USER FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, LOSS OF OR DAMAGE TO DATA OR LOSS OF BUSINESS OR GOODWILL AND OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

THE COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY PRODUCTS / SERVICES / USERS / ENTITIES / INSTITUTES. THE USER AGREES THAT THE ENTIRE RISK ARISING OUT OF HIS/HER USE OF THE SERVICES REMAINS SOLELY WITH THE USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

IF USER IS DISSATISFIED WITH THE PLATFORM’S SERVICES, OR WITH THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING OUR SERVICES.

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM USE OF SERVICE, LOSS OF USE, DATA OR PROFITS OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, HIS/HER USE OF, OR ACCESS TO, THE PLATFORM.

Review and Ratings

The Platform allows Users to post reviews on services / products available or used on Platform, and to post comments on such reviews. Such reviews and comments will be posted under User’s name as submitted to the applicable products / services / vendors. If User does not want his/her name to appear with any reviews or comments, then the User should not post any reviews or comments on the Platform. To be useful to other users, those reviews and comments the Users must be made in good faith after reasonable evaluation of the full application. The Company reserves the right, in its sole discretion and for any reason at any time, to use for data analytics or to share or to remove or edit any review or comment on the Platform.

The User agrees that reviews and comments should not contain content that:

  • is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
  • is false, fraudulent or misleading;
  • violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
  • constitutes advertising or any other form of commercial solicitation; or
  • impersonates any other person or entity.

Ratings and reviews on the Platform reflect assessment of a business, based on ratings, reviews, views and comments in our Platform and other information submitted to us by the various users. The Company does not endorse any particular user, business or entity and does not guarantee quality, reliability or capability of a Products/ Services / business / user. To avoid any ambiguity, it is hereby represented that ratings and reviews shall not act as a Perfect Index to assess and judge the capability, quality and reliability of Products/ Services / Business / User nor shall it be construed as a score for interpreting the quality of a Products/ Services / Business. Rather, the Ratings and Reviews are just a helper for Users to gather information about Products / Services / businesses who may be suitable for their needs. The Company shall make every effort to avoid errors in the scoring system. However, we do not take any responsibility for any errors and request respective users to check their scores for errors as soon as they are published. All reasonable efforts will be undertaken by us to edit errors which are brought to our attention as contemplated under these Terms of Use.

Indemnity

User agrees 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) User’s use of and access of the Platform; (ii) User’s violation of any term of these Terms or any other policy of the Company; (iii) User’s violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that User’s use of the Platform has caused damage to a third party. This defence and indemnification obligation will survive these Terms.

Third Party Hyperlinks

The appearance of external hyperlinks and/or other elements generated by third parties on this site does not constitute endorsement by the Company and/or its affiliate companies of the opinions or views expressed by such third parties' websites. The Company does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties' sites. Furthermore, the Company is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties' sites. As such, the Company will not be responsible for content provided on any third-party website, and further the Company will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked websites.

Third-Party Services and Content

The Platform’s services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. User should read the terms of use agreements and privacy policies that apply to such third-party services and content.

If User accesses the Platform using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Amazon Inc., Alphabet Inc., Google Inc. or Microsoft Corporation, respectively, they shall be a third-party to this contract. However, these third-parties are not a party to this contract and are not responsible for the provision or support of the Platform’s services. User agrees that access to the Platform’s services using these devices also shall be subject to the usage terms set forth in the applicable third-party terms of service.

User understands that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the Platform. User acknowledges, understands and agrees that the Company cannot guarantee the security of User data while it is being transmitted over the internet and through servers that are out of our control.

Mobile Networks

When User accesses the Platform’s services through a mobile network, User’s network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain services may be prohibited or restricted by User’s network provider and not all the Platform’s services may work with User’s network provider or device.

User Content and Account

User Generated Content

User is solely responsible for his/her interactions with other users on the Platform and any other parties with whom User interacts through the Platform. User agrees that the Company will not be responsible for any liability incurred as a result of any interactions. User understands that the Company does not conduct background checks on its users or attempt to verify the statements of its users. User hereby acknowledges and agrees that the Company does not make any representations and warranties in relation to the conduct of its users.

The Platforms allow Users’ to communicate, submit, upload or otherwise make available text and images (“User Generated Content”). User may not submit or upload User Generated Content that is unlawful, abusive, tortuous, profane, pedophilic, racially or ethnically or otherwise objectionable, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

User represents and warrants that User Generated Content conforms to these Terms and that User owns or has the necessary rights and permissions. The Company reserves the right to decide whether the User Generated Content or any other content violates this Terms of Use. For any Material posted by the User, actions undertaken on the Platform under User account till date User grants 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 User name attached / attributed / displayed / assigned to such Material. User further agrees and acknowledges that imd1 shall be free to use any ideas, concepts, techniques, know-how contained in any Material posted/uploaded by the User, 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 the User. User further agrees and acknowledges that imd1 is under no obligation to post or use any Material uploaded/posted by the User.

User agrees and acknowledges that the Material posted, uploaded, accessed, bookmarked or shared by the User on the Platform can be accessed, copied, stored, used publicly by all other users whether registered or not. The Platform includes public areas - that are accessible by all the users whether registered or not. User shall be solely responsible for any Content uploaded, posted or shared by the User. Therefore, if User has an idea or information that he/she would like to keep confidential and / or don't want others to use, the User should not post it on the platform.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to the User. The Company does not claim any accountability in the content posted by the User.

The Company 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 the Company deems it necessary and / or appropriate.

Disclaimer

User acknowledges and undertakes that the User is accessing the Platform on the website and transacting and/or interacting at his/her own risk and is using his/her best and prudent judgment before entering into any transactions through the Platform.

Choice of Law

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 User hereby accedes to and accept the jurisdiction of such courts.

Access to our Services

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, User acknowledges 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.

The Company 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. 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.

The Company provides the goods/services related information on its portal which has been provided/shared by the Listed entities. Before availing any products/services User must satisfy yourself about all relevant aspects prior to placing an order for goods or services or before entering into any transaction. The Company has also not negotiated or discussed any terms of engagement with any of the Listed entities. Booking, purchasing and availing goods and services from Listed entities shall be at his/her own risk. Procurement of any product and /or availing any services through the platform is on a principal to principal bipartite contractual obligations between the seller / service provider and Buyer / User and is subject to taxes, levies and other duties as applicable from time to time. The Company does not hold out itself as an agent / employee of any seller / service provider or Buyer / User or any other individual or entity availing the facilities of this Platform. The liability of such taxes, levies and other duties solely lies on the buyer / seller of such products / services.

User’s access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. The Company 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. We will attempt to limit the frequency and duration of any such suspension or restriction.

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. The Company is not obliged to ensure that the Platform is available to all Users at all times.

Severability

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Survival

The provisions of these Terms, which by their nature should survive the termination of these Terms, shall survive such termination.

Waiver

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

User cannot assign or otherwise transfer his/her 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 User’s consent.

Force Majeure

The Company’s performance of its obligations under this contract will be suspended for so long as the Company is prevented from doing so by an Event of Force Majeure. “Event of Force Majeure” shall mean such events or circumstances, which are beyond the control of the Company and which events could not have been reasonably foreseen or anticipated by the Company upon the exercise of due care and diligence, including but not limited to the Platform’s operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting the Company), failure of technical facilities.

General Provisions :

  • All notices served by the Company shall be provided via email to User’s account or as a general notification on the Platform. Any notice to be provided to the Company should be sent to care@imd1.co.
  • User acknowledges that the registration on the Platform, does not make User an employee or agency or partnership or joint venture or franchise of the Company.
  • User acknowledges that, the Company has given the User a reasonable opportunity to review these Terms and that User has agreed to them.

If You have any questions regarding this Terms of Use please contact us at care@imd1.co

Terms & Conditions for listing on imd1 Market

1. Introduction

Aidia Technovations Private Limited (“Company”) is the owner and the creator of “imd1” an app/online based project and the services offered/to be offered by imd1 (“Platform”). The term "Platform" used in this document refers to the website (being www.imd1.co), mobile apps and / or any other services offered. The Platform offers various products / services for market place, course & curriculum in the area of co-curriculum related to Music, Arts, Dance and Sports (MADS) and social networking. The Platform includes software that may be downloaded to your computer, phone, tablet or other electronic device. You agree that we may automatically update the software from time to time, and that these Terms will apply to such updates. These Terms are in addition to General Terms of Use and applicable to users registering to list their products / services on the Marketplace of the Platform.

PLEASE READ THESE ADDITIONAL TERMS CAREFULLY BEFORE LISTING YOUR BUSINESS ON THE PLATFORM. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT LIST YOUR PRODUCTS / SERVICES ON THE PLATFORM.

2. Contract between You and Us

This is a contract between Listed Entity (“You” “Your” “Yourself”) and Aidia Technovations Private Limited, a Company incorporated under the Companies Act, 2013 having its registered office at 705 C&B Square, Sangam Complex, CTS No. 95A, 127, Andheri Kurla Road, Chakala, Andheri (East), Mumbai - 400059, Maharashtra and/or its affiliates and / or its subsidiaries and / or employees and / or directors and / or representatives.

Listed Entity must read and agree to these additional terms before using or accessing our Platform to list its products / services on the Platform. You agree that by clicking “I Agree”, “Login”, “Sign Up” or similar, registering, accessing or using imd1 services, Listed Entity agrees to enter into a legally binding contract with Aidia Technovations Private Limited. If Listed Entity does not agree to this contract (“Contract” or “Terms of Use”, “Listing Terms”), do not click “Next”, “Login”, “Sign Up” (or similar) and do not list products / services on the Platform. If Listed Entity wishes to terminate this contract, at any time can do so by removing the listing of products / services and closing its account and no longer accessing or using the Platform. These terms describe the limited basis on which the imd1 listing services are available and supplement prior agreements or arrangements.

For the purpose of these Terms, wherever the context so requires, "You", “Your”, “Listed Entity”, “Listed entities” or “Vendor” shall mean any natural or legal person who has agreed to use Listing Services, including Users whose accounts stand expired. The terms “Company”, "We", "Us", "Our" shall mean the Platform.

Other Supplemental terms and conditions may apply for other imd1 services in addition to these terms and General Terms of Use. Such other Supplemental terms and conditions will be disclosed to Listed Entity in connection with the applicable service or activity. In the event of any conflict in relation to the usage of the Platform or any of its products / services, the respective supplemental terms and conditions shall prevail over the General Terms of Use.

The Company may amend these terms at its sole discretion and make best efforts to notify You when major changes are made. Your continued use of the Platform following the posting of changes and/or modifications will constitute Your acceptance of the revised terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits upon Listed Entity. Notwithstanding the above, if any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

The Company may immediately terminate this contract with respect to Listed Entity (including access to the Platform) if Listed Entity fails to comply with any provision of these terms.

Listed Entity undertakes and warrant that it will periodically review the General Terms of Use, these Listing Terms the Privacy Policy and that its consent to the same shall be construed by the continuous access or use of the services from account irrespective of the fact whether Listed Entity has reviewed these additional terms or not.

3. Eligibility and Access

Listed entity agrees that person who is listing the entity on the Platform is an authorised person.

Listed Entities may be business houses, small medium enterprises, corporate entities, establishments or individuals, who subscribe to the service on the Platform in order to list their company or business. Company will provide only the information about the Listed Entities to the users in the manner provided for in the General Terms of Use and these Terms. This Platform is merely a medium through which information is made available to the general public.

The Company shares the information with respect to the product / services listed on the Platform with the other users of the Platform while they access the Platform. By listing your product / services on the Platform, Listed Entity grants permission to the Company to share its information with other users of the Platform. The Listed Entity is required to respect the privacy of other users whose information is shared by the Company. The Listed Entity has a limited license to use this information only for the Platform related communications or for the Platform related transactions.

Company may add listings based on user input, data obtained from third party or in any other way and rightful owner has right to remove own listing. The Company reserves right to make the listing service available to / or suspend all or some of the participants at its own discretion without assigning any reason whatsoever.

4. Usage

The Platform assists the users to list their business under the Platform by using its listing service. The Company provides the Platform and enables the users to find coaching institutes/ book courses. The Company does not endorse any particular business and does not guarantee quality, reliability or capability of a business.

Service offerings that are prohibited by laws, regulations, sanctions and trade restrictions in India or any applicable jurisdiction are strictly forbidden in the Platform. You are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction. The Company prohibits and does not espouse or encourage usage of the Platform for posting of service offerings which directly encourages any illegal activities, items that are sexual in nature, any service offerings that promote hatred, violence, racial or religious intolerance. It is your responsibility to determine whether the service offering of any listed item is authorized by law, statute, or regulation. Without limitation, the following service offerings may not be sold or listed on the platform to make firearms, explosives, and ammunition; alcoholic beverages; tobacco products; service offerings of food that is not packaged or does not comply with all applicable laws; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods / services that are, in Company's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods/services which you do not have the legal right to sell /perform; goods which are misrepresented or which do not in fact exist; goods / services which, if sold via the Platform, would cause the Company to violate any law, statute or regulation. The above list of service offerings prohibited under the Platform is only illustrative and shall not be considered as exhaustive in nature. The list shall be updated on a continuous basis.

Listed entity hereby confirms that the information uploaded or listed under the Platform is correct. No fraudulent information or service offering shall be listed under the Platform, which can either directly or indirectly be categorized as false and incorrect. Listed entity shall ensure that no errors are made before uploading / listing information into the Platform. The Company does not take any responsibility for any errors and requests users and service providers to check and verify the information before making any transactions.

Listed entity must not:

  • Adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use the service or any content on or from the Platform for any purposes other than for declared commercial purposes.
  • Use the Platform in any manner and in any way that is designed to create a separate service or that replicates any part of service offering in the Platform.
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person or entity.
  • Collect or attempt to collect personal data, or any other kind of information about other users, without prior written consent of the user.
  • Violate, circumvent or attempt to violate or circumvent any data security measures employed by the Company.

Listed entity further agrees to list the business information and service offerings in the right category and accurately describe the service offerings. Listed entity may be required to provide certain business & government documents that will be used to authenticate listings. Listed entity declares that the documents submitted are true and correct.

Using our Platform does not give ownership of any intellectual property rights in our service / Platform or the content accessed to Listed entity. These terms do not grant you the right or license to use our intellectual property rights, unless specifically agreed by us in writing.

5. No Assurance / Guarantee of Business

The Company does not guarantee or assure that enquiries / leads will be generated by it for the Listed Entity or that any of such enquiries / leads will be converted into business for the Listed Entity. The Company is not obliged to market the products or services of Listed Entity and shall not be obliged to make recommendations to the users. The Company does not undertake to generate or guarantee business for the Listed Entity.

6. Listing fees

The Company reserves right to charge fees to list entities on the Platform on such terms and conditions as may be determined by the Company and intimated to the Listed Entities from time to time.

7. Cancellation or Termination

Listed entity can review the information you provided and make any desired changes to the information, or to the settings for account / entity on this Platform, at any time by logging in to account and editing the information on listing page.

We may delist or remove the information provided as a part of listing or cease providing with all or part of the services at any time for any or no reason or prohibit any and all current or future use of the Platform, including, but not limited to, if we in good faith believe: (i) Listed entity has violated Listing Terms, General Terms of Use or any other supplemental Terms, (ii) Listed entity creates risk or possible legal exposure for us by not complying with applicable laws; (iii) our provision of the services is no longer commercially viable or (iv) information provided to us is not accurate, complete or true or does not belong to Listed entity; or Listed entity belongs to a country with whom business has been prohibited by the Govt of India. We will make reasonable efforts to notify Listed entity on the contact details provided before removal.

In the event of removal or cancellation, Listed entity may not be granted access to account or any subscribed services or any files or other content submitted on the Platform.

8. Reporting

In the event You discover that the listing is wrongly attributed to a particular business and requires amendment, then You may please notify the same to us in writing with following details to care@imd1.co :

  • Your name and address as provided in a Central Government issued identification card.
  • Statement explaining in detail, why the particular listing attributed to an entity is wrong and requires correction.
  • The details of changes to be made on the Platform.
  • A statement by You that the information in Your notice is accurate and that You are authorized to act on behalf of the respective entity.

9. Confidentiality and related obligations

The Listed Entity shall keep any information regarding the users of the Platform (“User Information”) confidential both, during the subsistence of the listing and after its termination. The Listed Entity shall not, without the prior written consent of the Company, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Listed Entity is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event Company is made aware of any such practice of the listed entity in violation of these terms, the Company shall be entitled to terminate the service as well as initiate such legal proceedings against the Listed Entity, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.

10. Representation & warranties by Listed Entity

Listed entity represents and warrants that:

  • it is a bona fide business entity carrying on business in relation to the items disclosed to the Company and the rightful owner of the product / service listed on the Platform;
  • the User listing the entity has legal authority to enter into other binding & selling agreements for the purchase or sale of goods/services
  • the business carried on by listed entity does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and
  • all information provided about product / services /content to the Company, is and shall at all times be accurate, valid and complete, not misleading or deceptive;
  • it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Listed Entity to the Company.
  • the third-party contents will rest with third party only and due permission has been obtained by the listed entity.
  • that the Company will entertain to any grievance reported to it on best effort basis only without accepting any responsibilities or liabilities whatsoever and only for the services / products listed on the Platform.
  • Listed entity accepts that it is responsible to cross verify and ensure filling up of all the details including but not limited to the contact information, information pertaining to its products/services provided and keep the Company updated in this regard. In the event the relevant information is not filled completely or accurately, the Listed Entity would, by default, be bound by the explanation or description of the product/service or any other details communicated by the Company to the Users or any other third party;
  • Listed Entity hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it and the User;
  • The Listed Entity undertakes to provide a copy of the licenses/ registrations or any other documents as required by it to run the business as and when required by the Company.
  • Material like listing certificate, memento, accessories sent by the Company as a part of promotion programme shall be used for the intended purpose and for the duration specified by the Company only.
  • The Company / associates / third party may offer some promotional scheme or benefits on Platform as a part of marketing or promotional activities and Listed entity shall participate in such marketing and promotional activities.
  • There may be advertisements by Company / associates / third party on the Platform and the Company has right to place advertisements along with the content of Listed entity and Listed entity shall have no objection to any such advertisements.
  • Listed entity shall bear the risk of fraud and loss whether direct / indirect – for transactions done through the platform/site. The Company has no privity of contract between the seller and the buyer and shall not be responsible for any disputes which may arise in this regard.
  • it has the right to grant to company and its Affiliates a royalty-free, non-exclusive, worldwide, sublicensable, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, translate in other languages including inaccurate translation, create derivative works of, commercially or non-commercially exploit in any manner, incorporate and imbed into other works, and distribute listed entity Content throughout the platform / site.
  • Listed entity acknowledges and agrees that listing content shared by Listed entity will be available to all Users / Visitors of the Platform and such Users / Visitors may share or use such data in any manner, the Company shall assume no risk or liability in relation to usage of such data.

While every attempt has been made to ascertain the authenticity of the content in the portal, the Company is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the portal including but not limited to any decisions based on content in the portal resulting in loss of data, revenue, profits, property, infection by viruses etc.

11. Relationship

Listing entity is not and shall not hold itself out as an employee or statutory agent of the Company but is, and shall at all times act as, the principal of his own independent business.

Listed entity shall not make any misleading, false or exaggerated claims about Company’s business opportunity or products and services and shall not describe Company's products or services or make any warranties in relation to them except in terms authorised by the Company in writing.

12. Rating & Reviews

The Company may use mechanisms that rate or review or allows buyers of the product / service to rate or review and make them public. Company does not have any liability for such ratings or reviews and does not guarantee accuracy, genuineness of review or reviewer, meaning or from any other aspect and do not have responsibility to remove / hide / modify it. However, the Company retains the right to remove / hide / modify review or reviewer as it deems fit.

13. Indemnification

Listed Entity shall indemnify and hold harmless Company, its affiliates, directors, officers, agents and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including attorney’s fees arising from any claim asserted by any third-party including any user due to or arising out of any action or inaction of the Listed Entity, its employees or agents, including but not limited to, intellectual property claims, any claims pertaining to incorrect or false information about the Listed entity that was provided to the Company and any claims including but not limited to the quality or usefulness of the products or services of the Listed Entity.

14. Priority of information about Listed Entity

For the Company, providing Information that is relevant to the user is a priority. The user has to identify the location and category in respect of which he/she is seeking information and the Company will provide such information (subject to availability of such information) based on user’s choice. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with the Company, that is, the Listed Entity is first provided on best effort basis, subject to delays due to any technical malfunction. Nothing contained in these Listing Terms shall be deemed to restrict or prevent Company from providing users with information about other parties whether in priority to the Listed Entities or otherwise, as Company may in its sole discretion determine. The Listed Entity acknowledges that Company will merely convey the information to the users on demand and does not guarantee that any of such user requests will result in business prospects for the Listed Entity.

15. Disclaimer and limitation of liability

To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, the Company disclaims all guarantees regarding accurate Listing of the Listed Entity. Listed Entity understands that there may be errors in such positioning. The Company will not be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for Listed Entity’s indemnification obligation. The Company is also not liable for any claim owing to any misrepresentation of the information pertaining to the Listed Entity so long as the information exhibited/ communicated by the Company conforms to the Information made available by the Listed Entity or its authorized representative. The Company shall not be liable for any debts or liabilities whatsoever incurred by the Listed entity whether or not the same have been incurred while listing on Platform.

16. Additional disclaimer

  • Listed Entity confirms that it will be solely responsible and liable for all matters between user and the Listed Entity, including but not limited to transactions entered into between such user and the Listed Entity. Further, it is hereby declared that the Company does not verify the identity of the user of the service and that the information provided to Listed Entity is the information received from the user and will not be independently verified by the Company.
  • In the event of receipt of multiple complaints from the users regarding the Listed Entity or Listed Entity’s product/service, the Company reserves the right to discontinue the provision of service to the Listed Entity or take any other action as deemed appropriate.
  • Notwithstanding anything contained in these Listing Terms, The Company at its discretion is entitled to unilaterally remove your listing from the Platform without any liability and without assigning any reasons or take any other action as deemed appropriate in case of any violation of the Terms or any complaints.
  • Notwithstanding anything to the contrary contained in this Terms, the Company may also forfeit the amount lying to the credit of such Listed Entity and terminate the service at its sole discretion. Under no circumstances, shall the Listed Entity be entitled to claim a refund of amounts already paid to the Company.
  • Listed Entity also agrees that at no time shall the Company vouch for or guarantee the performance of services or delivery of products by the Listed Entity and the Company will not be liable for any non-payment of amounts due to the Listed Entity by any User.
  • You acknowledge and undertake that You are accessing the Platform on the website / mobile application and transacting and/or interacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Platform.

17. Modifications to terms of service

The Company may amend these terms at its sole discretion and make best efforts to notify You when major changes are made. Your continued use of the Platform following the posting of changes and/or modifications will constitute Your acceptance of the revised terms. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits upon You. Notwithstanding the above, if any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

18. Miscellaneous

  • Company’s interpretation of the terms shall be final and binding on Listed Entity.
  • Listed Entity agrees that no joint venture, partnership, employment, or agency exists between Listed Entity and the Company and that the Listed Entity is not entitled to bind the Company by its actions.
  • The Company is subject to existing laws and legal process and nothing contained in the agreement is in derogation of Company’s right and obligation to comply with the law.
  • If any clause or part thereof of the terms is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the terms shall continue in effect. Such revision to the terms will be deemed to have been in effect from the Effective Date.
  • Listed Entity may not assign any rights or obligations against the Company without Company’s prior written consent. Company reserves the right to transfer any right or obligation against Listed Entity by issuance of notice of such assignment to the Listed Entity. Upon such assignment, the assignee shall be bound by the agreement in the same manner as the Company and Company shall cease to have any liability to Listed Entity. However, the Parties agree that Company has an unfettered right to assign the agreement and the Listed Entity is only entitled to a notice of such assignment. The Parties further agree that assignment of the agreement by Company will not be subject to Listed Entity’s consent.

19. Choice of Law

The Listing Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Listing 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.

20. Survival

The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.

If You have any questions regarding this Listing Terms please contact us at care@imd1.co

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