Terms of use (Saarthi App)
Vivish Technologies Private Limited (“Saarthi”) operates its webApplication and mobile applications. Please read the following Terms of Use carefully before using Saarthi’s applications.
I. APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE
By viewing, using, accessing, browsing, or submitting any content or material on the Application, you agree to these Terms of Use as a binding legal agreement between you and Saarthi, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who views, uses, accesses, makes a transaction, browses or submits any content or material to the Application. If you do not agree to these Terms of Use, then you may not use the Application. Saarthi reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Application shall be subject to the then-current Terms of Use, and continued use of the Application now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
II. USER LICENSE SCOPE
Saarthi grants you permission (which may be revoked at any time for any reason or no reason) to view the Application and to download, email, share via social networking or print in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Application, except as specifically noted above. Except as specifically authorized by Saarthi, you may not access the Application with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Application or any information, content, or material on the Application. Saarthi reserves all its statutory and common law rights against any person or entity who violates this paragraph. The Application is proprietary software developed and made available exclusively by Saarthi and is the sole owner of the Application, and all software created to make the Platform available to You. All content on the Platform, which is including, but not limited to, names, logos, trademarks, images, text, columns, graphics, graphs, illustrations, artwork, software, designs, text, graphics, graphs, images, information, button icons, and any other content (“Content”) are the exclusive and sole property of Saarthi. All icons and logos are trademarks of and proprietary and any unauthorized copying, modification, use or publication of these marks is strictly prohibited. In addition, use of the Content for any purpose not expressly permitted in these Terms is prohibited and may invite legal action.
You may like or follow Saarthi or share links to the Application via social networking technology reference on the Application. Any rights not expressly granted herein are reserved.
III. USER CONDUCT
You agree that your use of the Application and/or services on the Application is subject to all applicable laws and regulations. You also agree:
1. not to access the Application or services using a third-party’s account/registration without the express consent of the account holder;
2. not to use the Application for illegal purposes;
3. not to commit any acts of infringement on the Application or with respect to content on the Application;
4. not to use the Application to engage in commercial activities apart from sanctioned use of Saarthi services;
5. not to copy any content, including, but not limited to republication in print or on-line;
6. not to attempt to gain unauthorized access to other computer systems from or through the Application;
7. not to interfere with another person’s use and enjoyment of the Application or another entity’s use and enjoyment of the Application;
8. not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
9. not to disrupt, interfere with, or otherwise harm or violate the security of the Application, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Application or affiliated or linked Application (including those of our partners).
IV. HARM FROM COMMERCIAL USE
You agree that the consequences of commercial use or re-publication of content or information from the Application may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Saarthi will be entitled to temporary and permanent injunctive relief to prohibit such use.
V. DISCLAIMER OF RESPONSIBILITY FOR MATERIAL
1. Saarthi neither represents nor warrants that content or information accessible via the Application is accurate, complete, reliable, current or error-free. All information and content on the Application is subject to change without notice. Saarthi assumes neither responsibility nor liability for any errors or omissions in the content of the Application
2. Proprietary Rights: You acknowledge and agree that the Application contain proprietary information and content that is protected by intellectual property and other laws and may not be used except as provided in these Terms of Use without advance, written permission of Saarthi. You also acknowledge and agree that the Application contain proprietary information and content that is protected by intellectual property and other laws and may not be used except as provided in these Terms of Use without advance, written permission of Saarthi.
VI. TERMINATION AND MODIFICATIONS TO THE APPLICATION
Saarthi reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Application and/or services offered on or through the Application (or any part thereof), including but not limited to the Application’ features, look and feel, and functional elements and related services. These Terms of Use shall remain in full force and effect for so long as You use the Platform. You may delete Your account at any time, for any reason, by following the instructions on the Application. Saarthi reserves the right to cancel delete or deactivate Your Account, if it believes the same has been compromised, or is being used fraudulently, at its own discretion
VII. INDEMNITY
You agree to indemnify and hold Saarthi, its vendors, and their subsidiaries and affiliates, agents, officers, directors, or other employees and also their partners harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Application, your violation of these Terms of Use, and any other acts or omissions relating to the Application.
VIII. DISCLAIMER OF WARRANTIES
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE APPLICATION (WHETHER PROVIDED BY SAARTHI OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAARTHI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IX. LIMITATION OF LIABILITY
IN NO EVENT SHALL SAARTHI BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF SAARTHI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE APPLICATION. SAARTHI ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE APPLICATION. SAARTHI DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE APPLICATION, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBAPPLICATION LINKED TO THIS APPLICATION, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVENBY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.IF YOU ARE DISSATISFIED WITH THE APPLICATION OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION, EXCEPT AS MAY BE EXPLICITLY PROVIDED FOR IN THIS PARAGRAPH.
X. YOUR ACCOUNT, PASSWORD AND SECURITY
Use of services may require that you register and/or create an account (“Account”). To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Application’ services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Saarthi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Saarthi has the right to refuse any and all current or future use of the Application (or any portion thereof).You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Saarthi of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Saarthi will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
XI. LINKS
As a courtesy to you, the Application may offer links to other websites or Applications. Some of these websites or Applications may be affiliated with Saarthi while others are not. Saarthi is not responsible for the contents of any website pages created and maintained by organizations other than Saarthi. Visiting any such third-party website pages is at your own risk. Saarthi neither has any control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after your independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Saarthi. By using the Application you acknowledge that Saarthi is responsible neither for the availability of, nor the content located on or through any third-party website pages.
XII. CONSIDERATION
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Application and receipt or use of data, content, products and/or services through the Application
XIII. JURISDICTION, APPLICABLE LAW AND LIMITATIONS
This Application is created and controlled by Saarthi in India. You agree that these Terms of Use will be governed by and construed in accordance with the laws of Republic of India, without regard to its conflicts of law provisions. Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Bengaluru, India.
XIV. ENFORCEABILITY
If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
XV. ENTIRE AGREEMENT
Except as expressly provided in a particular “Legal & Privacy” posting or other notice on particular pages of the Application, these Terms of Use, which hereby incorporate by reference the terms of Saarthi’s Privacy Policy, constitute the entire agreement between you on the one hand and Saarthi on the other, superseding all prior agreements regarding the Application.
XVI. NO WAIVER
The failure of Saarthi to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. No party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
XVII. HEADINGS & CONSTRUCTION
The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
XVIII. CONTACT SAARTHI
If you have any question, please contact us by e-mail at grievance @mygate.com.