Terms and Conditions
Incuspaze has its own separate identity but we may sometimes use “Incuspaze”, “Company”, “we” or “us” when we refer to Incuspaze in general.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
If you use or access any of our physical space, restricted-access areas, the broker or referral program or other such offerings we provide, your use of such space, offering or program is subject to the terms and conditions you received or accepted when you signed up for such space, services or program.
“User” or “You” means any person who accesses the Incuspaze Platrform or avails this Service of the Company for the purpose of hosting, publishing, sharing, transacting, displaying, interacting, considering or uploading information or views and includes other persons jointly participating in using the Incuspaze Platform or any Service of the Company.
This Incuspaze Platform is provided on an “as is” and “where-is” basis, without any warranty. Incuspaze, for itself and any third party providing materials, services, or content to this Site/App, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third party rights, with respect to the Incuspaze Platform, the information or any products or services to which the information refers. Incuspaze or its affiliates including the directors, officers, employees or agents will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the Incuspaze Platform, including but not limited to, your use of this Site/App or your inability to use the Site/App, even if Incuspaze has previously been advised of the possibility of such damages.
Subject to your compliance with this Agreement’s terms, the Company grants you a non-exclusive, non-transferable license to use the Incuspaze Platform and Service.
- Registration Access And Use
You may use the Services only if you agree to form a binding contract with Incuspaze and are not a person barred from receiving services under the laws of the applicable jurisdiction. If You are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.
- Fairness and good faith
Incuspaze undertakes to act in good faith with respect to each other’s rights under these Terms and to adopt all reasonable measures to ensure the realization of the objectives of the same. You hereby represent and warrant that You are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that You agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the Company, they shall do so only with the full responsibility and involvement & guidance of their parents and / or legal guardians, under such Parent/Legal guardian’s registered account.
- Content In the Incuspaze Site /APP/Solution(S).
You are responsible for your use of the Service and for any information, time entry, location, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”) you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Incuspaze Platform and/or Services or obtained by You through the Incuspaze Platform and/or Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Incuspaze Platform and/or Services or endorses any opinions expressed via the Incuspaze Platform and/or Services. You understand that by using the Incuspaze Platform and/or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Incuspaze Platform and/or Content posted via the Services and, we cannot take responsibility for such Content.
- Prohibited Conduct
As a condition of the use of the Incuspaze Platform, the User warrants that they will not use the Incuspaze Platform for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement including both specific and implied. This includes:
- Redistribute or sell any part of Incuspaze Platform/Solutions(s) or create a new product or service based on Incuspaze Platform/Solutions;
- Copy the content;
- Mass download or create bulk feeds of the Content (or let anyone else do so);
- Use Incuspaze Platform/Solutions(s) to create or augment any other mapping- related dataset (including a mapping or navigation dataset, business listings database, mailing list, social media, or telemarketing list) for use in a service that is a substitute for, or a substantially similar service to, Incuspaze Platform/Solutions(s);
- Reverse engineer or attempt to extract the source code from Incuspaze Site/App/Solutions/Solutions(s) or any related software, except to the extent that this restriction is expressly prohibited by applicable law;
- Remove, obscure, or alter any terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or
- Do anything inappropriate, illegal, or in violation of others’ rights (including their privacy, publicity, and intellectual property rights)
In addition, the Incuspaze Platform shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Incuspaze Platform. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Incuspaze Platform.
- How we use your information
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Incuspaze Platform or another’s computer;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such Incuspaze Platform Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Incuspaze Platform Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Incuspaze Platform Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and
- violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Incuspaze Platform contained elsewhere
- Incuspaze has no obligation to monitor the Incuspaze Platform and Services. However, Incuspaze reserves the right to review materials posted through Incuspaze Platform Service and to remove any materials in its sole discretion. Incuspaze reserves the right to terminate the User’s access to any or all of the Incuspaze Platform Services at any time without notice for any reason whatsoever.
- Incuspaze reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Incuspaze sole discretion.
- Incuspaze does not control or endorse the content, messages or information found in any Incuspaze Platform Service and, therefore, Incuspaze specifically disclaims any liability or responsibility whatsoever with regard to the Incuspaze Platform Services and any actions resulting from the User’s participation in any Incuspaze Platform Service.
- Materials uploaded to the Incuspaze Platform may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for keeping himself/herself updated of and adhering to such limitations if they download the materials.
- Using the Services
You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
Our Services evolve constantly. As such, the Services can change from time to time, at our discretion. We can stop (permanently or temporarily) providing the Services or any features within the Services to ‘You’ or to Users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for Incuspaze granting you access to and use of the Services, you agree that Incuspaze and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Incuspaze’ computer systems, or the technical delivery systems of Incuspaze’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Incuspaze (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement. (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request to:
- Enforce the Terms, including investigation of potential violations hereof,
- Detect, prevent, or otherwise address fraud, security or technical issues,
- Respond to user support requests, or
- Protect the rights, property or safety of Incuspaze and its users and the public.
Your use of the Incuspaze Platform or Service will expire on a pre-determined that is available upon request. The Company reserves the right to terminate your use of the Incuspaze Platform or Service at any given point in time if we determine that you have violated any provision of this Agreement.
- Location Information Features
There are features that are designed to collect and share location information, about you and other individuals who use the Service. These features require the corresponding Incuspaze Platform and Software to be installed on the device for which location data will be provided, and the features may not work if the corresponding settings to allow the collection and sharing of information and location information are not enabled. In addition, the features may not work for a variety of reasons, such as if the device that the Incuspaze Platform and Mobile Software is installed on is not powered on and connected to the wireless service provider’s network, if location services are turned off, if the Service is not being used or is blocked on the device, unfavourable weather or poor mobile network connection etc.
While the location features may be able to detect the location of the user and the Incuspaze Platform, hardware limitations may prevent location detection, limitations or errors in the algorithms and processes used by the Incuspaze Platform may not function properly (including, without limitation, if the automobile is moving at a slow speed, or is stopped), and may not be detected if you are located outside of your network service coverage area for the phone that the Incuspaze Platform mobile software for the location features is installed on or if your phone is otherwise not connected to your wireless service provider’s network. Other factors also may prevent accurate detection.
If you use features designed to collect and share location information, the Service will periodically access and collect information about your device and location (such information will be Company Content under this Agreement). By using the features designed to collect and share information, you represent and warrant that you have consented, to use the service and to allow it to access and collect such information.
- Visitor Management and Identification Services
Certain features of the Incuspaze Platform services is designed to collect sensitive personal information of the Users such as the name, address, family relationship, photograph, copy of a identity card etc. (“Information”) The Incuspaze Platform that monitors, regulates and manages the visitors in the location and area will require Users to feed in the above Information for the safety of the premises. You hereby agree and consent to providing such Information.
You understand and agree that the provision of these features is provided through certain mobile software installed in your devices like your mobile phone, tablet etc. and are thus dependent on the availability of certain functions like fully powered and working mobile phone, active internet connection etc.
Although it has taken what it believes to be commercially reasonable efforts to design helpful visitor management and identification and management features, to the extent permitted by law, Company makes no warranties, express or implied, about the operation, performance, availability or results of the Incuspaze Platform Service, including (without limitation) that the features will successfully identify visitors. Company is not liable for the actions or inactions of any User or any other third party.
- Geographic Coverage
The Service is designed for Users residing in India and may not be extended to other parts of the world especially the remote areas where there is no mobile network, location and internet services available.
- User’s Rights
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non- exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Incuspaze to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Incuspaze, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
You understand that we can modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
- You may pay applicable fees on the Incuspaze Platform and for Services by using a Debit/Credit Card, Online Payment Method or through your Internet Banking.
- You submit and agree that the Payment details provided by you to the Payment Gateway for payment transaction processing will be correct and you shall not use Payment Details, which is not lawfully owned by You.
- You agree that when you initiate a payment transaction and/or issue an online payment Instruction and provide your Payment details.
- You warrant that you are fully and lawfully entitled to use the said Debit/Credit Card or Bank Account for such payment.
- You are responsible to ensure that all the Debit/Credit Card or Bank Account details provided by you are correct.
- You are authorizing the debit to the nominated Debit/Credit Card or Bank account for the settlement of bills selected by you along with the applicable fees.
- You are responsible to ensure that sufficient credit is available on your presented Debit/Credit Card or Bank Account at the time of making the payment to permit the payment of the bill/s selected by you inclusive of the applicable fees.
- Refunds and Charge backs
If the Incuspaze receives a request from a User for refund or cancellation of payment in relation to any transaction, the Incuspaze will process the request and determine whether such refund or cancellation must be processed. If the said request must be processed, the Incuspaze will notify User of the same and Incuspaze will transfer back the amount refunded or cancelled.
Whenever a refund is agreed to be made by the Incuspaze to a User, the Incuspaze will issue a credit slip to User within 15 days after the refund has been agreed to be made by the Incuspaze to the User.
Incuspaze reserves the right to charge fees for certain listings and Services, as well as transaction fees based on certain completed transactions using the Incuspaze Service. Incuspaze further reserves the right to alter any and all fees from time to time and without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Incuspaze Service.
- Other Charges
All other Charges related to user of Services provided by Incuspaze will be borne by the User.
- Secure Transactions
Incuspaze has implemented and will maintain security systems for the transmission of Users’ Transactions. Incuspaze does not guarantee the security of the Services or Transaction data, and Incuspaze will not be responsible in the event of any infiltration of its security systems, provided that Incuspaze has used commercially reasonable efforts to prevent any such infiltration. User further acknowledges and agrees that User, and not Incuspaze, is responsible for the security of Transaction data or information or any other information stored on Users servers, and that Incuspaze is not responsible for any other party’s servers (other than subcontractors of Incuspaze solely to the extent Incuspaze is liable for its own actions hereunder).
- User’s Obligations and User Account
In consideration of use of the Incuspaze Platform, the User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from using the Incuspaze Platform and/or receiving the Services under the laws of India or other applicable law.
To avail a Service the User has and must continue to maintain at his/her sole cost:
- All the necessary equipment including a phone, computer, internet data package, adequate battery, and modem etc. to access the Incuspaze Platform and available services except where it is provided by Incuspaze
- Own access to the World Wide Web. The User shall be responsible for accessing the Incuspaze Platform and Services as well as that access may involve third party fees including, airtime charges or internet Service Provider’s charges which are to be exclusively borne by the User.
- The User also understands that the services may include certain Site/Apps from Incuspaze as service announcements and administrative messages. The User understands and agrees that the Services are provided on an “as is” basis and that Incuspaze does not assume any responsibility for deletions, mis-delivery or failure to store any user Incuspaze Site/App/Solutions or personalized
- Upon completion of the registration process, the User shall receive a User Id and Password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the User Id and Password, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s User Id and Password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one-way encrypted form to our database and stored as such. Thus the Password will not be known even to Incuspaze. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the Incuspaze Services. Incuspaze will not be responsible for any financial loss or inconvenience resulting from misuse of your User Id/Password/credit card number as well as Financial Details for using Incuspaze Services.
- You shall use the Incuspaze Platform appropriately and you must refer to the rules and regulations governing use of Incuspaze Platform to ensure proper usage by you and the user. You shall also co-operate fully with the Company in relation to delivery of the Incuspaze Platform or Services at all times.
- The User also agrees and undertakes to immediately notify Incuspaze of any unauthorized use of the User’s Id or Password and to ensure that the User logs off at the end of each session on the Incuspaze Platform. Incuspaze shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this
The User also agrees to: (a) provide true, accurate and complete information about him/her and any beneficiaries as prompted by the registration form (“Registration Data”) on the Incuspaze Platform; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate,
current or incomplete or Incuspaze has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Incuspaze has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Incuspaze Platform and/or any Service. Furthermore, the User grants Incuspaze the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
Without prejudice to the other remedies available to Incuspaze under this agreement, or under applicable law, Incuspaze may limit the User’s activity, or end the User’s listing, warn other users of the User’s actions, immediately temporarily/indefinitely suspend or terminate the User’s registration, and/or refuse to provide the User with access to the Incuspaze Platform if:
- The User is in breach of this Terms agreement or the documents it incorporates by reference;
- Incuspaze is unable to verify or authenticate any information provided by the User; or
- Incuspaze believes that the User’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the Incuspaze Platform and/or
Incuspaze may at any time in its sole discretion reinstate suspended Users. Once the User has been indefinitely suspended the User may not register or attempt to register with Incuspaze or use the Incuspaze Platform in any manner whatsoever until such time that the User is reinstated by Incuspaze. Notwithstanding the foregoing, if the User breaches this Terms agreement or the documents it incorporates by reference, Incuspaze reserves the right to recover any amounts due and owing by the User to Incuspaze and/or the Service Provider and to take strict legal action as Incuspaze deems necessary.
None of the provisions of this Terms, notices or the right to use the Incuspaze Platform by the User contained herein or any other section or pages of the Incuspaze Platform and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Incuspaze and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
- Links to Third Party Site
The Incuspaze Platform may contain links to other Incuspaze Platform (“Linked Sites”). The Linked Sites are not under the control of Incuspaze or the Incuspaze Platform and Incuspaze is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Incuspaze is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Incuspaze is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Incuspaze or the Incuspaze Platform of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
Incuspaze is not responsible for any errors, omissions or representations on any Linked Site. Incuspaze does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before placing any reliance on such information.
- Limitation of Liability and Damages
In no event, Incuspaze or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Terms; (ii) the Incuspaze Services, (iii) the Incuspaze Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Incuspaze Services, the Incuspaze Platform (including any and all materials) or any reference sites/app/platform/service, even if Incuspaze or a Incuspaze authorized representative has been advised of the possibility of such damages; (v) your use or misuse of the Incuspaze Services or of the Incuspaze Platform; (vi) any breach of the representations, warranties, and covenants made by you herein. Any other interactions with Incuspaze, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Incuspaze Service or the Incuspaze Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Incuspaze has offered its products and services, set its prices, and entered into this Terms agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Incuspaze, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Incuspaze. Incuspaze would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Incuspaze’ liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement. Incuspaze reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Incuspaze, including rights to settle, and you agree to cooperate with Incuspaze’ defense and settlement of these claims. Incuspaze will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
- Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Incuspaze and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Incuspaze or through the Incuspaze Services or the Incuspaze Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Incuspaze” includes Incuspaze’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the Incuspaze Services on the Incuspaze Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Incuspaze Platform or on the Internet generally. Incuspaze does not warrant that the Incuspaze Services will be uninterrupted or error-free or that defects in the Incuspaze Platform will be corrected. The Incuspaze Services and the Incuspaze Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the Incuspaze Platform are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Incuspaze, and its third party suppliers, licensors, and partners do not warrant that the data, Incuspaze software, functions, or any other information offered on or through the Incuspaze Services/Incuspaze Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Incuspaze and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the Incuspaze Services/Incuspaze Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Incuspaze Services/Incuspaze Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Incuspaze be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Incuspaze Platform.
- Ownership; Proprietary Rights
The Incuspaze Services and the Incuspaze Platform are owned and operated by Incuspaze and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Incuspaze Platform Services provided by Incuspaze (hereafter “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Incuspaze, all materials, trademarks, service marks, and trade names contained on the Incuspaze Platform are the property of Incuspaze and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Incuspaze or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Incuspaze Services/Incuspaze Platform. Except as expressly authorized by Incuspaze, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Incuspaze reserves all rights not expressly granted in this Agreement. If you have comments regarding the Incuspaze Services and/or the Incuspaze Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Incuspaze, and shall assign to Incuspaze, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
- Modification of this Agreement
Incuspaze reserves the right to change, modify, add, amend or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Incuspaze Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by You, immediately after the initial posting and shall apply immediately on a going- forward basis with respect to your use of the Incuspaze Platform, availing the Incuspaze Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Incuspaze Services/Incuspaze Platform. For certain changes, Incuspaze may be required under applicable law to give you advance notice, and Incuspaze will comply with such requirements. Your continued use of the Incuspaze Platform following the posting of changes will mean that You accept and agree to the changes.
- Confidential Information
For the purpose of this Agreement, “Disclosing Party” is the Party disclosing Confidential Information and “Receiving Party” is the Party that is you who is receiving Confidential Information. “Confidential Information” is all information (I) identified in written or oral format by the Disclosing Party to the Receiving Party to this Agreement and includes trade secrets, computer software, circuit designs, schematics, data and know-how, copyrightable materials, inventions, marketing plans, strategies, business, financial and product development plans, as related to the Subject Matter which is more specifically set out below. Confidential Information shall include all non-public information furnished, disclosed, or transmitted, regardless of form.
The Receiving Party recognizes the importance of such Confidential Information and acknowledges that the Confidential Information belongs to the Disclosing Party, and has been disclosed to the Receiving Party by the Disclosing Party, under and by virtue of a binding confidentiality obligation of the Receiving Party.
- Non-disclosure obligations
The Receiving Party, that is You, shall promise and agree to receive and hold the Confidential Information in confidence. Without limiting the generality of the foregoing, the Receiving Party (You) further promises and agrees:
- To protect and safeguard the Confidential Information against unauthorized use, publication or disclosure;
- Not to use any of the Confidential Information except for personal purpose and approved
- Not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or otherwise use any of the Confidential Information except as specifically authorized by the Disclosing Party
- Not to use any Confidential Information to unfairly compete or obtain unfair advantage vis-a-vis Disclosing Party in any commercial activity which may be comparable to the commercial activity contemplated by the Agreement
- To restrict access to the Confidential Information to those of its officers, directors, and employees who clearly need such access.
- To advise each of the persons to whom it provides access to any of the Confidential Information, that such persons are strictly prohibited from making any use, publishing or otherwise disclosing to others, or permitting others to use for their benefit or to the detriment of the Disclosing Party, any of the Confidential Information, and, upon Request of the Disclosing Party, to provide the Disclosing Party with a copy of a written agreement to that effect signed by such Receiving Party.
- To comply with any other reasonable security measures requested in writing by the Disclosing Party.
- To refrain from directly contacting or communicating by whatsoever means to the Source(s) of Information without written consent of the Disclosing Party. To undertake not to disclose any names and their particulars to third parties without the written consent by the Disclosing Party.
- Notice of unauthorized use or disclosure
Receiving party shall notify the Disclosing party immediately within 7 days upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement by Receiving Party or any third party, and will cooperate with Disclosing party in every reasonable way to help Disclosing Party regain possession of the Confidential Information and prevent its further unauthorized use or disclosure.
- Return of confidential information
Any materials or documents that have been furnished by the Disclosing Party to the Receiving Party in connection with the Agreement will be promptly returned by the Receiving Party, accompanied by all copies of such documentation and any derivative works thereof at the Disclosing Party’s option, upon expiration of this Agreement or upon the disclosing Party’s written request. In case of destruction, the Receiving Party shall certify the fact of such destruction in writing to the Disclosing Party, if so requested by the Disclosing Party. The Receiving Party shall not make any copies of Confidential Information unless the same are previously approved in writing by the Disclosing Party.
- No license or other rights
The Parties recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any Confidential Information of the other Party disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right that has issued or that may issue, based on such Confidential Information except the limited right to use such Confidential Information in accordance with the Purpose under this Agreement. Neither Party shall make, have made, use, or sell for any purpose any product or other item using, incorporating, or deriving from any Confidential Information of the other party.
Incuspaze controls and operates the Incuspaze Platform from India and makes no representation that the materials are appropriate or will be available for use in other locations. If you use this Incuspaze Platform from outside the India, you are entirely responsible for compliance with all applicable local laws. Incuspaze does not make any warranty or representation that a user in one region may obtain the Services from the Incuspaze Platform in another region and Incuspaze may cancel a User’s order or redirect a User to the site for that User’s region if a User attempts to order Services offered on a site in another region. Information that Incuspaze publishes on the World Wide Web may contain references or cross references to Incuspaze products, programs and services that are not announced or available in your country. Such references do not imply that Incuspaze intends to announce such products, programs or services in your country. Consult your local Incuspaze business contact for information regarding the products, programs and services that may be available to you.
- General Terms and Conditions
Incuspaze does not monitor your use to the Incuspaze Platform on a daily basis but reserves the right to do so. You acknowledge that Incuspaze will have the right to report to law enforcement authorities for any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Incuspaze will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. Submissions and unauthorised use of any materials contained on this Site/App may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, You shall indemnify and hold Incuspaze and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Incuspaze Platform or the use of the Incuspaze Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
Incuspaze reserves all other rights.
All notices required to be given by one Party to the other Party and all other communications, documentation and proceedings which are in any way relevant to this Agreement shall be in writing and in English language.
- Force Majeure.
Incuspaze will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to cyber attack, computer hacking, computer virus, earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Incuspaze shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure. Such excuse shall be continued so long as the condition constituting force majeure continues. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the Incuspaze, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer.
- Cessation of Operation.
Incuspaze may at any time, in its sole discretion and without advance notice to you, cease operation of the Incuspaze Platform and distribution of the Services.
- Effect of Waiver
The failure of Incuspaze to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India and this Agreement shall be within the exclusive jurisdiction of the competent courts of New Delhi, India.
- Statute of Limitation.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Incuspaze Platform or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Waiver of Class Action Rights
By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
You may not assign your rights and obligations under this Agreement to anyone.
- Dispute Resolution
- All disagreements arising in connection with this Agreement (“Disagreement”) or the terms thereof; shall be initially referred to in writing for mediation to the Authorized Representatives of Each Party, which shall be nominated by both the If any “Disagreement” remains unresolved for twenty (20) days from the initial referral, either Party may request a further reconciliation between two Senior Represenatives (one each of both the Parties) within a further ten (10) days. The location of any Disagreement by way of mediation and reconciliation shall be held at the offices of Incuspaze if not its legal representatives’ . In case the best efforts, at mediation and reconciliation fail, then, the Parties shall be at liberty to commence Arbitration proceedings under the Arbitration and Conciliation Act, 1996 as amended from time to time in India. The number of arbitrators shall be one who shall be a legal professional of more than five years’ experience and also shall have served as an arbitrator at least two times prior to their service as an arbitrator in this arbitration. The arbitrator shall be a neutral third party, mutually decided by both the Parties. The seat, or legal place, of arbitration shall be New Delhi. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive laws of India.
- Events Outside Our Control
We at Incuspaze will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreements that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
- Contacting Us
We aim to keep our information about you as accurate as possible. If you have any questions about these Terms and Conditions or the Incuspaze Platform, please contact us at firstname.lastname@example.org with the Subject of the email: Your Name, Website Terms