PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY. BY ACCESSING OR OTHERWISE AVAILING THE SERVICES OR BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.
WHILE USING THE SERVICES, YOU MAY BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE FOR THE USE OF THE PLATFORM. ALL SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS.
BY USING THE PLATFORM, OUR SERVICES OR WEBSITE, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM, OUR SERVICES OR WEBSITE. YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE PROVISIONS OF THESE TERMS.
“Company” or “we” or “our” shall mean Avant Insights Private Limited.
“Services” shall mean Platform as a service offered by the Company that enables the Users to automate and manage their hosted application, set up the infrastructure, install software and deploy the same with use of the Platform. The details of the Services are more specifically set out in clause 4 titled ‘Services Description’ of these Terms of Service. The Users (defined below) can subscribe and avail the Services, provided by the Company, by accessing and registering on the Website.
“User Account(s)” shall mean the User’s registered account maintained on the Website.
“User/Users” shall mean the registered individuals/Companies/Entities who avail the Services, use of the Platform through Website.
“Website” shall mean website (https://auditron.in) developed and owned by the Company, to enable the Users to avail use of the Platform and the Services offered by the Company through Website.
Welcome to our Website. If You continue to browse and use the Website, You are agreeing to comply with and be bound by these terms and conditions (“Terms of Service”), which together with our Privacy Policy (“Privacy Policy”) govern the Company’s relationship with You. If You disagree with any part of these Terms of Service or Privacy Policy, You may not use the Website in entirety. The Services are subject to the limitation to these Terms of Service and the Privacy Policy. Company may discontinue or revise any or all aspects of the Services at any time, at its sole discretion.
You shall abide by these Terms of Service. These Terms of Service is an electronic record which is generated by a computer system and does not require any physical or digital signatures.
By availing the Services, You represent and warrant that:
In the event, the Company discovers that You are a competitor of the Company or the Website, the Company reserves it’s right to restrict or remove Your access to the Services, without any notice to You.
In order to subscribe for the Services, You will be required to register and create an account with the User ID and the password (collectively “User Account”). The Company would complete the verification of Your User Account by sending a One-Time Password on Your registered e-mail address or your registered cell number as the case may be, and Your registration with the Company shall be complete only after such verification. For providing the Services, You authorize the Company to import Your details and personal information.
You agree that the information You provide to the Company is true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times.
You shall be responsible for maintaining the confidentiality of Your User Accounts and passwords and You agree to accept responsibility for all activities that occur under Your User Account or password and of the Services in Your name. We reserve the right to refuse registration of, or cancel User Accounts which we deem inappropriate.
The Website specialises in ease of automated infrastructure set up and software installation and application deployment, while the User avails the Services as provided through the Website.
For the Users, the Website is provided on a subscription basis, wherein the respective business entities or individuals may purchase the subscription plan based on their requirements to manages their applications/activities. The Subscription plan shall mean and include the various subscriptions plans as made available on the Website. The Users agrees and understand that, initially the Services are made available on a trial basis for an initial period as may be determined by the Company at its sole discretion, thereafter the Users may choose to continue to avail the Services, by opting for a paid subscription plan after the expiry of the trial period amongst the various packages of the subscription plans available on the Website. The User can choose the packages as per their requirement.
The Company endeavours to take reasonable efforts to make the Services available to You at all the times through the Website. However, as the Services are provided over the Internet, data and cellular networks, the quality and availability of the same may be affected by factors outside the Company’s reasonable control. Therefore, we shall not be liable for non-availability of the Services at any time. We shall take reasonable efforts to restore access to the Website and the Services. You waive all Your rights in this regard and confirm that the Company shall not be held liable for any non-performance or availability of the Services, arising due to these limitations or restrictions.
The Services are provided to You in form of the subscription plans made available and displayed on the Website. The Services are available on paid a subscription basis. The Company shall raise the invoices based upon the subscription plan opted by the User and You shall agree to make the payments in accordance with the payment instructions as set out in the respective invoice.
The User understands and acknowledges that in the event the User ceases to avail the Services or use the Platform for any reasons including for its convenience or due to malfunction or errors before the expiry of the actual term of their subscription period applicable under the respective subscription plan opted by such User, they shall not be entitled to get a refund of the for the remainder of the subscription period.
You acknowledge that Company does not make any representations or provide any warranties about the material, data and information such as data files, text, facts and figures, computer software, code, audio files, or other images that is shared by other Users or by the Company (collectively, the “Content”) which You may have access to as part of the Services, or through Your use of the Platform. Company may provide the Content in form of blogs published by the Company or content linked to third party open source software websites. Under no circumstances, the Company is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Website. Company recommends You to get in touch with independent experts in respective fields before acting upon any such information contained on the Website or through the use of the Services.
The User shall be solely responsible for any and all the data or Content that is submitted or uploaded on the Website by the User. You hereby grant the Company a worldwide, irrevocable, non-exclusive, royalty-free and transferable license to host, store, use, copy, transmit, display, publish, distribute, provide access to, run, publicly perform or display such Content. The User represents and warrants that such Content is accurate, complete, non-infringing, and current and that the User has all the rights, power, and authority necessary to grant the rights granted herein to any Content that You submit.
The User acknowledges and agrees that any Content uploaded or submitted on the Website may be viewed by the other Users.
You understand and acknowledge that the Company may use third party services to assist the Company in providing the Services to You. These third party service providers may have their own terms and conditions of use which You may need to accept when You use such Services. You agree and acknowledge that the Company shall not be held liable for any damage, loss, claims or fees or expenses or costs that You may incur as a result of using such third party services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY (INCLUDING, ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA RESULTING FROM DOWNLOADING OR ACCESSING ANY MATERIAL THROUGH THE PLATFORM.
COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL BE DELIVERED ERROR-FREE, WITHOUT INTERRUPTION, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
COMPANY DISCLAIMS ALL LIABILITIES AND CLAIMS IN RESPECT OF ANY THIRD PARTY SERVICES OFFERED THROUGH THE PLATFORM.
The Company does not claim ownership in any Content that You may upload or submit to the Website, but in order to provide the Services to You, the Company requires a license to such Content. You hereby grant to the Company a non-exclusive, worldwide, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any Content that You submit to the Website solely in connection with the Services.
You agree and acknowledge that the license rights granted herein by You in respect of any Content uploaded or submitted by You shall survive even after the User ceases to use the Platform or avail the Services.
The Company respects the intellectual property rights of others and it expects the same from the Users. The Company shall, in appropriate circumstances, and at its discretion, terminate the access of Users who infringe the intellectual property rights of others. The Company shall remove any Content which is found to be infringing the intellectual property rights of any third party. If You believe that any Content or material on the Website infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
You agree that the Company, in its sole discretion, may suspend or terminate Your access to the Services and the Platform, without notice and for any reason, including, but not limited to, if the Company believes that You have violated any of these Terms of Service. You agree that the Company shall not be liable to You or any third party for any such suspension or termination.
These Terms of Service constitute the entire agreement between You and the Company and govern Your use of the Services, superseding any prior agreements between You and the Company (including, but not limited to, any prior versions of these Terms of Service). You may also be subject to additional terms and conditions that may apply when You use or purchase certain other services from the Company.
You agree that any claim or dispute you may have against the Company must be resolved by a court located in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located in Mumbai, India, for the purpose of litigating all such claims or disputes.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
The Company reserves the right to amend these Terms of Service at any time and without notice, and it is Your responsibility to review these Terms of Service for any changes. Your use of the Services following any amendment of these Terms of Service will signify Your assent to and acceptance of its revised terms.
You agree that any cause of action arising out of or related to the Services or these Terms of Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have any questions or concerns about these Terms of Service, please contact us at support@avantinsights.com.
The language of these Terms of Service is English. If the Terms of Service are translated into any other language, the English version shall prevail.