TERMS AND CONDITIONS OF SERVICE AND USE
In Compliance with Rule 3, 5 and 6 of Information Technology Rules, 2011
AN3 WEB SOLUTIONS PRIVATE LIMITED, A Company incorporated under the Companies Act,2013 having its office at /13-A, Seethakathi Thaikath Street, Sivakasi - 626123, Tamil Nadu. India, represented by its Senthil Kumar, Director, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the Website www.an3.in (hereinafter collectively referred to as the “Platform”).
i. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
ii. “Visitor” shall mean and refer to natural and legal individuals who use the Website and who intend to seek information, contact or obtain the services or buy products from the business entities having profiles on the platform or operating a webpage through the platform. They must be competent to enter into binding contracts, as per Indian laws.
iii. “Paid Customer/Customer” shall refer to those willing to create their business profile and update information about the same. This would also include Customers willing to avail the paid services for the creation of their domain and web page.
iv. “Services” refer to providing a Platform for Customers to avail services with regard to creation and promotion of their business information and hosting of their business domain name and web page and also providing a platform for Visitor’s to access the profiles of businesses promoted on the website.
v. “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Website.
vi. The term “Platform” refers to the Website which provides the User the facility to create profiles of their business to promote the same and also purchase domain names and seek web registration services from the Company.
i. 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.
iii. The Visitor unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the Visitor and the Company, and that the Visitor shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, 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 any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
iv. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Visitor, and the Visitor expressly agrees that any such amendments or modifications shall come into effect immediately. If the Visitor does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
3. SERVICE OVERVIEW
a. The Company shall act as a facilitator/service provider for creating and promoting profiles of businesses with their information and contact details. Customer can also purchase a domain name and create a web page as part of the paid services.
- Registration is mandatory for the Visitors to access the Services provided by the Company through the Platform. Visitors shall register themselves on the Platform by providing information including but not limited to personal information such as E-mail id, Address, Business Address, Business Description, Business Address Map, Product Details, Whatsapp Number and Images and in case of paid customers proof of business, Id proof of the Proprietor, Partners or Directors and GST details if applicable.
b. The Visitors cannot link his Facebook or Google Profile to the Platform at present.
c. The Registration and use of the Platform are presently free but charges can be levied on the same any time in future and the same shall be at the discretion of the Company. Presently Charges are incurred after registration depending on the Services the Visitor would like to avail.
d. Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents.
e. Further, at any time during the use of this Platform, including but not limited to the time of registration, the Customers are solely responsible for protecting the confidentiality of their Username and password, and any activity under the account shall be deemed to have been done by them.
a. The Visitor represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
b. The Visitor operates or represents a business which is active and performs activities or sells goods permissible under the Laws of the country.
6. UPGRADED/PAID CUSTOMER
a. The Visitor can avail the paid services offered on the platform by paying a fee, which would be decided and updated by the Company from time to time.
b. The Platform is used solely for the purpose of facilitating registration of profiles for the purpose of promoting businesses. The platform or the Company bears no guarantee with regard to the trustworthiness or authenticity of the profiles created. The same has to be verified by the interested persons and shall not be the liability of the platform or the Company.
a. The Content displayed on the Platform that is created by the Company is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Firm and the copyright owner.
b. Customers shall be solely responsible for the authenticity of the content generated on the platform by them in the form of profile information, user experiences, and reviews.
c. The Platform reserves its right to suspend the account of any Customer for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any Customer who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading, offensive or promotes a business not legally permissible under the laws of the land.
d. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading. All the information of the business provided by the customer should be up to date and authentic.
a. Sign Up on the Platform is free of cost at present. Registration on the Platform is cost. However, in case of purchase of service, the Customer shall pay an amount for the Services availed through the Platform directly to the Company in any of the prescribed modes of Payment Methods
ii. Debit Card
iii. Credit Cards
iv. Amex Card
v. Net Banking
vi. Online Payment Gateways: Razorpay, Paypal, Instamojo or other
b. The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. An additional processing charge of 3% would be levied on the payments made and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
c. The payment is processed through a third party gateway and the User shall be bound by the third party’s terms and conditions.
d. The User cannot seek a refund on the payment or cancellation of services made at any point of time.
9. TERM & TERMINATION
a. 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 the User continues to access and use the Services and Platforms.
b. A Customer may terminate their use of the Services and the Platform at any time.
c. The Company may terminate these Terms and close a Customer’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
d. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
e. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
f. The Company reserves the right, in its sole discretion, to unilaterally terminate the Visitor’s access to the Services, or any portion thereof, at any time, without notice or cause.
g. The Platform also reserves the universal right to deny access to particular Visitor’s, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
h. The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different Customers, or to change any of the features or introduce new features without prior notice.
i. The Customer 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.
- By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the Visitor/Customer hereby agrees and consents to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.
b. Customer can report to the Company any grievances or suggestions that they have through e-mail or communication section of the platform. If they find any discrepancy with regard to Service related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
11. CUSTOMER & VISITOR OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The Customer agrees and acknowledges that they are a restricted User of this Platform and that they:
a. Agree to provide genuine credentials during the process of registration on the Platform. They shall not publish in false information or photographs about their business or lay claim to a business which is not their own.
b. Agree to ensure the email address, address, mobile number, photographs and all other information with regard to their individual information business, services, companies or organization are accurate and up-to-date. The User can update their details anytime.
c. Agree that they are solely responsible for maintaining the confidentiality of their account password. The Customer has to notify the Company immediately of any unauthorized use of their account. We reserve the right to close your account at any time for any or no reason.
d. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Offer redemption's, reviews and ratings, experience stories for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
e. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
f. Expressly agree and acknowledge that the Content displayed on the Platform in the Customer profiles is not owned by the Company and that the Company is in no way responsible for the content of the same. The Visitor may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
g. Visitors expressly consent to follow the terms and conditions, and policies of the Customers whose web pages are hosted by the Company from whom they are making purchases.
h. Expressly agrees to make good any losses suffered by the Company or platform which result as a consequence of any act committed by the Customer including but not limited to acts of fraud and falsification of information.
i. Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.
j. Agrees that the platform will be used by the Customer solely for the purpose of promotion of their business and its associated services. The Customer shall not use his profile to harass other customers or transmit information through his profile, which is illegal or misleading for the visitors. In the event of detection of such activity in any profile, the Platform will have the right to suspend the same.
a. The Visitor and Customer hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
b. By indicating Customer’s acceptance to purchase any service offered on the site, the user is obligated to complete such transactions after making payment. Customers shall be prohibited from indicating their acceptance to purchase services where the transactions have remained incomplete.
c. The Customers agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
d. Customers agree to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If found to be false the Customer’s account shall be suspended.
e. The User agrees not to post any material on the website that is defamatory, offensive, obscene, pornographic, indecent, abusive, or needlessly distressful, or advertising any goods or services prohibited by the law. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person or business and to which the Customer has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
ii. violates any law for the time being in force;
iii. deceives or misleads the other users
a. Description or prices shown on the Platform with regard to the services will be tentative, The Company will not responsible for any delay. Any changes in the fare are subject to changes in factors including but not limited to market conditions, demands for service, etc.
b. The facilities and Services on the Platform are intended to be subject to availability, without any promises or guarantees on the same by the Company. The Company bears no responsibility whatsoever for any consequences arising from the use of the said Services by Users. The Company shall in no way be responsible for losses incurred due to reckless or incorrect use of the services by the user.
c. In the event of a dispute between Customers and Visitors to the site who seek their services, the Platform or the Company shall bear no responsibility for the same and under no circumstances be added as a party to the same.
d. Any advertisement available on e-mail or website with respect to the third-party website or the products and services is for information purpose only.
e. The Company clearly states that any information of whatsoever nature provided or received from the Customers taken in good faith, without least suspecting the authenticity of the Customer’s claims and the Platform does not confirm, acknowledge, or subscribe to the claims and representation made by the Customers.
f. The Platform or the Company have not verified the credentials of the Customers posting the profiles of their Business or seeking to promote them, it is the responsibility of the Visitors seeking their services or goods to verify the information posted by them and enter into all necessary legal contracts necessary for the transaction.
- The Visitor and Customer agree to indemnify and hold harmless the Company, its directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violations of any provisions of the said Terms and Conditions, or any other claim related to your use of the Services, except where such use is authorized by the Company.
14. INTELLECTUAL PROPERTY RIGHTS
- Unless expressly agreed to in writing, nothing contained herein shall give the Visitor or Customer a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.
15. FORCE MAJEURE
- Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
16. DISPUTE RESOLUTION AND JURISDICTION
- It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. 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.
i. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (50) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
ii. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Sivakasi
b. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of Sivakasi, Tamilnadu.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to email@example.com or firstname.lastname@example.org
19. MISCELLANEOUS PROVISIONS
a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and 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 these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, 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 such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at email@example.com or firstname.lastname@example.org.