Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under and amended time to time.
This electronic record is generated by a computer system and does not require any physical or digital signature. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Apps miVakil and iVakil, and their corresponding website www.mivakil.com.
The Apps miVakil and iVakil, and their corresponding website www.mivakil.com, collectively referred to as the Digital products, belong to the entity AIRVision Infinity Pvt. Ltd., hereinafter referred to as the Company.
The person accessing or using any of the Apps and/or the website is hereinafter referred to as the User.
1. DEFINITIONS
I. "Account Information" means personal information about the Users provided to the digital products for the purpose of registration as a user of the Apps. Account Information does not include aggregate or de-identified information compiled from Account Information that does not identify the User, or any other individual.
II. "Add-Ons" means optional features purchased and included as part of Customer's subscription.
III. “App” or "Mobile Application" or "Mobile App" means a downloadable software that can be used on mobile devices for utility, entertainment, educational, or any such purposes, either for free or upon payment of charges as per the App provider.
IV. "Customer" means a user who has made any purchase, including subscription, from the digital products.
V. "Downloaded Data" means any Data downloaded from the digital products by the user and temporarily or permanently stored into a device that is not under the control of the provider.
VI. "Order" means (a) an electronic or tangible order form or (b) online order, setting forth commercial details of a subscription or the purchase of Services or features (if any), and incorporating this Agreement by reference.
VII. "Organization" includes any company, partnership firm, institute, trust or any such entity which has a legal personality but is not a natural person.
VIII. "Privacy Policy" means the one defined under S. 9 of IT Act 2000 and as elaborated in this website
here, which nevertheless forms a part of this agreement.
IX. "Provider" means and includes the digital products of the company and the company.
X. "Subscription Service" means services of the digital products accessible on payment for a certain pre-defined period of time.
XI. "System Admin" means a representative of the provider with certain administrative control rights over Users’ accessibility to the digital products or parts thereof, and a part or the whole of Users’ Content.
XII. The term "service" or "services" include the interactive online information service offered by the digital products.
XIII. "User Content" means Users’ data, information, file attachments, text, images, personally identifiable information, and other content that is uploaded or submitted to the digital products.
2. TERMS OF USE
I. By registering on the digital products, the users agree to comply with and be bound by these Terms of Use and the Privacy Policy elaborated on this
Page on this website.
II. These Terms of Use constitute an electronic contract between Air Vision Infinity Pvt. Ltd., a Company having its registered office at Plot No. 82/W/1, Safallya Appartment, Rahate Colony,Wardha Road,Nagpur 440025 (Maharashtra) and the user.
III. For the purpose of this document, Registered User and wherever the context so requires '"the user", it shall mean any natural or legal person who is accessing the Apps and/or the website, its contents, and the services offered on or through the digital products, and has agreed to become a Registered User of the digital products by providing his/her mobile phone number and email id.
IV. Air Vision Infinity reserves the right to revise these Terms of Use at any time at its sole discretion by posting revised Terms of Use on the Digital products. The use of the same implies the acceptance of all the terms and conditions contained within the Terms of Use posted at the time of the use. The user is responsible for regularly reviewing the Terms of Use posted on this website.
V. The use of the digital products are offered to the user on the condition of his or her 'Acceptance' of all the terms, conditions and notices contained in this document, as well as the Privacy Policy. Upon "Acceptance", the terms shall be effective and binding upon the user along with any amendments made by the company at its sole discretion and posted on the Website.
3. FEES & CHARGES
The company reserves the right, at any time, to charge fees for accessing whole or part of the Digital products. If, at any time, the user is required to pay fees for accessing any part of the online products, the user will be intimated about the same and the user will be allowed to access such part of the online products only upon payment of "Fee". The Fee, including any ‘subscription fee’ is non-refundable and during the Subscription Period, the user is not required to pay any other charge towards the specific subscription for which the fee has been paid, unless there is a change in applicable tax. The payment of Fee does not guarantee the access to the feature or service. The company reserves the right to reject request for such access without assigning any reason. Under such circumstances, the Fee will be refunded without any interest.
4. REGISTRATION
The user shall be required to create an account as a part of the registration process to use the digital products. The user will create login credentials by choosing a password and providing a mobile number and an e-mail address or by linking another account, such as Google or Facebook accounts, etc. The user will also be required to provide certain information, during the registration process. The user agrees that such information provided by the user during the registration process is true, accurate, current, authorized, and complete in all aspect. If there is any change in the information provided by the user, the user shall update the same. Unless otherwise expressly allowed, each registration is for a single user only. The user is not allowed to share the registration login credentials or give the user login credentials to anyone else. The company may cancel or suspend the access to the digital products if the user shares their login credentials unauthorisedly with the third party. The user should be responsible for maintaining the confidentiality of his password. The user shall not use login credentials of any other person without authorisation of such person and the company. If the user notices any breach or unauthorized use of his account, the user shall notify the company immediately.
5. PROPRIETARY RIGHTS
The contents of the digital products including, without limitation, (i) Company’s trademarks, service marks, logos, brand names, trade names and other distinctive identification; and (ii) information, data, texts, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Site (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "Contents"). The Contents are the property of the company or its licensors and are protected under Indian laws including laws relating copyright, trademark and other intellectual property rights. The user shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Contents in whole or in part.
6. USER OBLIGATIONS
The user agrees that he/she shall:
I. Not violate any applicable local, state, and central laws and regulations while using the digital products;
II. Not provide incomplete, inaccurate, untrue, or unauthorized information while submitting any information to the digital products;
III. Not impersonate any person or entity, real or fictitious, while using the digital products;
IV. Not interfere with the use of the digital products by others or interfere with the operation of the digital products;
V. Not use the digital products in any manner which unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racial or otherwise objectionable;
VI. Not upload, post or otherwise make available in the digital products any material, which infringe any third-party intellectual property rights;
VII. unless otherwise permitted, use the digital products for any promotional activities or advertisement purpose or to send unsolicited communication (including spams, bulk mails, messages, etc);
VIII. Not upload, download, post, email, transmit or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
IX. Maintain civil and courteous communications while using the features of the Apps that permit communication between users;
X. Not provide fraudulent or misleading information on personal profile or while using any feature of the digital products
7. PROVIDER OBLIGATIONS
The Provider shall
I. Ensure the safety and security of users’ personal information and content in the same manner in which any reasonable person ensures the safety and security of one’s own personal information and content;
II. Provide all paid services to the extent of the promise made with respect to the consideration paid by the customer;
III. Communicate to the users any changes in the terms of this agreement or the Privacy Policy as and when any changes are made
8. PROVIDER RIGHTS
The Provider shall
I. Have the right to block any user, or restrict their access or usage of any of the digital products with prejudice if the user performs any action that is, or may be, harmful to the reputation, good will, software, infrastructure, or any other tangible or intangible asset of the provider; or the user performs any action that is, or may be, harmful to other users’ reputation, good will, software, infrastructure, or any other tangible or intangible asset of other user/s;
II. Have the right to not refund any payment received from such blocked or restricted user, as defined in clause 8(i), even if the user has not utilized any service to its full extent before getting blocked or restricted;
III. Have the right to change price of any digital product or any feature within the digital products anytime, at its own discretion;
IV. Have the right to change the terms of this Agreement and its Privacy Policy anytime, at its own discretion
9. INDEMNITY
The user and/or customer shall Indemnify the Provider from any action or inaction performed using, or in relation to the digital products, which results or may result in dispute, cause harm, damage, loss, or any other distress, including emotional distress, to another entity
10. FORCE MAJEURE:
Under the conditions of natural or man-made disasters like Earthquake, Flood, Terror strike, War, or events of such nature, the obligations of the provider shall not apply to the extent to which such event affects the performance of such obligations
11. GOVERNING LAWS AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the republic of India. In the event of any dispute between the parties, both the parties agree that, such dispute shall be settled through arbitration through a single arbitrator assigned by the company, in accordance with Arbitration & Conciliation Act of 1996 or any amendment or replacement thereof. The seat of arbitration shall be at Nagpur and the language of arbitration shall be in English.
Any award rendered pursuant to such arbitration shall be final and conclusive.
Subject to aforesaid, courts in Nagpur shall have jurisdiction over these Terms of Use.
12. NOTICE OF COPYRIGHT INFRINGEMENT
If the user believes that any Content on the Site has been copied in a way that constitutes copyright infringement, please intimate use immediately with clear description of the copyrighted work that the user claim has been infringed to the registered address of the company as mentioned in this document and the customer care email addresses provided in the digital products.
13. DATA PRIVACY AND USER CONTENT
The terms of data privacy and users’ content are mentioned in the Privacy Policy, which even though displayed separately, shall constitute a part of this agreement and acceptance of this agreement deems agreeing with the Privacy Policy.
Click Here to read the Privacy Policy
14. MISCELLANEOUS
Our failure to enforce any provision of these Terms of Use or to respond to a breach by the user shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.
Nothing in Terms of Use shall constitute any partnership or agency relationship between the company and the user.
If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use shall remain in full force and effect.
The company shall have no liability to the user for any interruption or delay, to access the digital products irrespective of the cause.
The company makes no claims regarding access or use of the digital products’ Content outside India. If the user use or access the digital products or Content outside India, the user does so at his/her own risk and he or she are responsible for compliance with the laws and regulations of the jurisdiction as well as these Terms of Use.