The terms and conditions contained hereinafter (“Term”) shall apply to the use of the website, mobile applications, APIs, software etc. (collectively “Website”) offered by the Heliosmedium Bazaar Pvt. Ltd. & Thoughtrains Designs JV Private Limited JV (“CIDCO”, “we”, “us” or “our”).
Any person browsing, accessing, or using the Website (“Client”, “you” or “your”) whether shown any interest to avail any services or not provided on the Website (“Services”), shall be deemed to have read, understood, and unconditionally and irrevocably accepted the Terms. These Terms together with applicable policies displayed on the Website separately constitute a legally binding agreement between Client and CIDCO (“Agreement”).
ELIGIBILITY
You represent and warrant that you have the right, consent, authority, and legal capacity to enter into the Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from entering into the Agreement.
If at any time it is found that you have made any misrepresentation, then we reserve the right to forthwith terminate your right to access and use the Website, or the Services without any liabilities of whatever nature.
TERM
This Agreement shall remain in full force and effect until you use the Website or are availing our services. We can terminate your access to the Website for any reason with or without sending a notice to you at the email address and/or sending SMS and/or making call on the registered number provided by you.
All provisions of this Agreement that by their nature shall survive termination, including, without limitation, disclaimers, indemnity, and limitations of liability. Termination of your access to the Website and/or use of the Services shall not relieve you of any obligations arising or occurring prior to such termination.
PROPRIETARY RIGHTS IN THE CONTENT
All the intellectual proprietary rights in the tradenames, trademarks, logos, designs, graphics, photographs, images, audio and video files, data, information, texts, advertisement, and any other materials (collectively “Content”) shall belong to the CIDCO and its licensors.
Content posted on the Website is for your personal use only and not for commercialization. You shall not decompile, reverse engineer, copy, modify, publish, transmit, distribute, rent, lease, loan, sell, sublicense, or create derivative work based on the Content (either in whole or in part) unless you have been specifically authorized to do so by CIDCO or by the owner of the Content in writing.
Any such act or an attempted act on your part shall constitute a violation of the Term of the Agreement and CIDCO reserves the right to initiate appropriate remedial measures wherever applicable for any violations as per the law of the land.
CONTENT POSTED ON THE WEBSITE / CIDCO APP
You understand and agree that we may delete any Content that in our sole judgment violates any “Term of the Agreement” or which might be offensive, illegal, or might violate the rights, harm, or threaten the safety of CIDCO, Website, or the Client.
You understand and hereby agree that you are solely responsible for all the Content you upload, email, transmit or otherwise make available on the Website. Under no circumstances we shall be liable in any way for your Content, either in whole or in part, including, but not limited to, any errors, omissions therein, or any loss or damage of any kind incurred because of the use of your Content uploaded, emailed, transmitted, or otherwise made available by you on the Website.
However, we reserve the right to verify credibility of your Content uploaded, emailed, transmitted, or otherwise made available on the Website. In exercising this right, we may ask you to provide any documentary evidence supporting your Content. If you fail to produce such evidence to our satisfaction, then such act will constitute violation of a Term of this Agreement and we, in our sole discretion, shall be entitled to terminate your right to use the Website and/or Services without any liabilities of whatever nature.
You have grant, and you have represented and warranted that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, modify, publish, transmit, distribute, rent, lease, loan, sell, sublicense, or create derivative works of, or incorporate into other work, the Content you uploaded, emailed, transmitted, or otherwise made available on the Website.
THIRD PARTY CONTENT AND LINKS
Third party content may appear on this Website or may be accessible via links from this Website. Your use of such third-party content or links shall be governed by the terms of use and policies applicable to the corresponding third party.
We make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of third-party content or links appearing on the Website. We do not screen or investigate third-party content or links before or after including it on our Website.
You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you on account of accessing those third-party links, or any reliance placed by you on the completeness, accuracy, or existence of third-party content available on our Website or such third-party links. Without limiting the generality of the foregoing, we expressly disclaim any liability for any illegal and prohibited content provided by third parties.
ILLEGAL AND PROHIBITIVE CONTENT
If you upload, email, transmit, or otherwise make available such illegal or prohibited Content on the Website, then we shall investigate and initiate appropriate legal action in our sole discretion against you, including without limitation, removing the said illegal and prohibitive Content from the Website and terminating your right to use the Website and/or the Services without any liabilities of whatever nature. The following is an illustration of suggestive list of Content that is illegal or prohibited on the Website:
- Belongs to another person and to which you do not have any right to;
- Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You must use the Website in a manner consistent with any and all applicable local, state, and central laws, rules and regulations.
DISCLAIMERS
The Content accessible on the Website do not constitute advice on the Services offered by CIDCO. We do not represent and warrant that the Content provided on the Website is accurate, complete, and updated. You shall be solely responsible for access to and use of our Website, Services, or any Content posted on our Website. You understand and agree that Services offered by us are provided to you on an “as is” and “as available” basis. Without limiting the foregoing, to the full extent permitted by law, we disclaim all warranties and conditions, express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
LIMITATION OF LIABILITY
In no event CIDCO, its directors, subsidiaries, affiliates, officers, employees, agents and business partners shall be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation any loss of profit, loss of goodwill arising from your use of the Website, Services and Content posted on the Website, even if CIDCO has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, CIDCO’s liability to you for any cause whatsoever and regardless of the form of the action, will always be limited to the amount paid by you to CDICO for the Services.
INDEMNITY
You agree to indemnify and hold the CIDCO, its directors, subsidiaries, affiliates, officers, employees, agents, and business partners, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of a Term of the Agreement, your use of any Services offered by us, or any Content uploaded, emailed, transmitted or otherwise made available on the Website which infringes intellectual property rights of a third-party
PRIVACY
Your use of the Website and the Services offered by us is governed by our Privacy Policy, available through this link.
GRIEVANCE OFFICER
Any disputes, differences, or concerns with regards to the Content or breach of any Terms shall be immediately informed to the designated Grievance Officer as mentioned below in writing
“an Email to info@cidcohomes.com“
CONSENT FOR COMMUNICATIONS
If you access the Website or apply for the Services, then you agree to receive certain specific emails, messages, calls from the CIDCO, its subsidiaries, associates, affiliates, or business partners pursuant thereto. You hereby agree and affirm that such messages sent and/or call made would not be considered as a violation of the TRAI regulations even if you are registered under the DND list.
RIGHT TO MODIFY TERMS
We reserve the right to modify these Terms periodically, for any reason, and without notice. Please review the Terms often so that you are apprised of any changes made therein. Any such modification shall be binding and effective immediately on the date of its release on the Website.
SEVERABILITY
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial authority for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
WAIVER
Any Term of this Agreement may be waived at any time by any party that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the party waiving such Term. No waiver by any party of any Term of this Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other Term of this Agreement on any future occasion. All remedies either under this Agreement or by law or otherwise afforded, shall be cumulative and not alternative.
INTERPRETATION
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
JURISDICTION AND APPLICABLE LAW
Any disputes and/or differences arising out of or relating to use and/or access of the Website, Services, or the Terms of this Agreement shall be governed by the Laws of India and submitted to the exclusive jurisdiction of the court in Navi Mumbai, India.