TERMS OF USE

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

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, TERMS OF SERVICES, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR TERMS OF USAGE OF SHIFTKARADO.COM (HEREINAFTER REFERRED AS THE “SITE”) OR THE SOFTWARE/PROGRAM IN THE NAME OF “SHIFTKARADO” (HEREINAFTER REFERRED TO AS THE ‘APP’).

ON ACCESSING, BROWSING OR OTHERWISE USING THE SITE CUSTOMERS / USERS OF THE SITE/APP (HEREINAFTER REFERRED AS “YOU” OR “USER”) ARE DEEMED TO HAVE ACCEPTED THE TERMS OF USE LISTED BELOW OR AS MAY BE REVISED FROM TIME TO TIME BY WAYTECH NETWORK PRIVATE LTD. (HEREINAFTER REFERRED TO AS THE “COMPANY”), AND YOU UNDERSTAND AND AGREE THAT YOU ARE BOUND BY SUCH TERMS DURING YOUR ACCESS AND USE OF THIS SITE/APP AND SUBSEQUENT THERETO. BY IMPLIEDLY OR EXPRESSLY AGREEING TO THESE TERMS YOU ALSO AGREE AND ACCEPT TO BE BOUND BY THE OTHER POLICIES OF THE SITE/APP, AS AMENDED FROM TIME TO TIME.

1. Eligibility

Use of the Site/App is available only to persons who are “competent to contract” within the meaning of the Indian Contract Act, 1872. Persons who are incompetent to contract under the said Act such as minor, un-discharged insolvents etc. are not eligible to use this Site/App except with the supervision of an adult competent to contract. In the absence, adult supervision and/or assistance, the Company shall not be liable in any manner for usage of the Site/App by a person who is not competent to contract under the Indian Contract Act, 1872.

2. Nature of Access

Subject to the above, the Company grants you a limited, non-exclusive and revocable at will, license to access and avail the content and services of the Site/App for your personal use. It does not permit you to use the Site/App for commercial purpose, including but restricted to, data mining, or information gathering programs. The access shall not be used to reproduce, duplicate, copies, reverse engineer or de-assemble the software/programs running or associated with the Site/App.

3. Charges

The Site/App does not charge any fee for browsing or accessing the Site/App. However, the Company reserves the right to change its policy on charging any such fees from time to time. Any change in the existing policy may be posted on the Site/App and such changes shall automatically become effective immediately after they are posted on the Site/App. You shall be solely responsible for compliance of all applicable laws including those in India for making payments on the Site/App. The Company shall not be responsible in any manner for any loss and/or damage caused to any party due to your non-compliance of all applicable laws.

4. Privacy

(a) You agree that it shall be your responsibility to maintain the confidentiality of your user id, password as well as the safe keeping of the device through which the Site/App is being or may be accessed. In addition to the above, you shall be responsible to ensure that your account is not used in an unauthorized manner to access and avail the services on the Site/App. You further agree that the Company has the absolute right to refuse access to the Site/App, change or edit content or delete accounts, as it may deem fit.

(b) The Company protects user information in accordance to its Privacy Policy posted on the Site/App. The Privacy Policy, as amended from time to time, is incorporated by reference to be a part of these Terms of Use and you accept the same by usage of the Site/App.

5. Intellectual property

All Site/App content, design, text, graphics, trademarks, brand name, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of the Company, and are protected by the Indian laws. All software used on the Site/App is the property of the Company, and such software is protected by copyright laws and other laws and treaties. All intellectual properties of the Company including its trademark, logo and design shall not be used or represented in any manner, which shall cause confusion or ambiguity among third parties.

6. Communications

When you use the Site/App or send emails or other data, information or communication to the Company, you agree and understand that you are communicating with the Company through electronic records and you consent to receive communications via electronic records from the Company periodically, as and when required. The Company may communicate with you by email or by any other mode of communication, electronic or otherwise.

7. Accuracy of content

The Company has been very cautious in the preparation of the content of the Site/App including but not limited to description, images, prices, etc. However, these may vary from the actual services provided on the Site/App due to various reasons including but not limited to computer monitor settings, typography errors etc. The Company shall not be bound by any errors or omissions in posting information with respect to the Services or prices with respect to any products or services offered on the Site/App.

8. User Obligation

The users while accessing, browsing or otherwise using the Site/App shall not host, display, upload, modify, publish, transmit, update or share any information that:

-belongs to another person and to which you do not have any right to;

-is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

-harm minors in any manner;

-infringes any patent, trademark, copyright, design or other proprietary/intellectual property rights or privacy or confidentiality of the Company or of any third party;

-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;

-impersonates another person;

-contains software viruses or any other computer code, files or programs designed to interrupt, destroy, damage, impair 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.

The users, as and when required, shall provide true and accurate information, and shall at all times, while accessing, browsing or otherwise using the Site/App, abide by all the policies of the Site/App. It is understood that you are accessing, browsing or otherwise using the Site/App at your sole risk and that you are using your best and prudent judgment before accessing, browsing or otherwise using the Site/App. You shall be responsible for maintaining the confidentiality of your display name and password and you shall be responsible for all activities that occur under your display name and password.

9. Online Conduct

User agrees not to use the Site/App for –

-Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.

-Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

-Gaining unauthorized access to other computer / network/ mobile systems.

-Interfering with any other person's use or enjoyment of the Site/App.

-Breaching any applicable laws.

-Interfering or disrupting other networks or websites or programs connected to the Site/App.

-Making, transmitting or storing electronic copies of the information protected by copyright without the permission of the owner.

-Undertaking transactions with the use of fictitious accounts or for fraudulent transactions or transactions which are fake or to undertake any activity which may result in or is aimed and intended to cause wrongful loss to the Company.

10. Security

The User is prohibited from violating or attempting to violate the security of the Site/App. You are prohibited from:

-Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

-Attempting to probe, scan or test the vulnerability of a system or network or program to breach security or authentication measures without proper authorization;

-Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site/App, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'

-Sending unsolicited email, including promotions and/or advertising of products or services to or by using the Site/App; or

-Violations of system or network or program security, which may result in civil or criminal liability.

11. Disclaimer

The Company will endeavor to provide all product and services related information and the users are advised to be informed of all such information before purchasing/using the products and services from the Site/App. It is understood that the Company is not responsible for any reaction or any failure of a product / services to satisfy any special use requirements or otherwise meet the needs or expectations of the users. All materials and information presented by the Company are intended to be used for informational purposes only.

The products and services on the Site/App are provided on "as is" and "as available" basis, without any representation or warranties, express or implied except otherwise specified in writing.

The Company will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Site/App. The Company does not warrant that the Site/App, information, content, materials, products (including software) included on or otherwise made available to you through the Site/App, servers, or electronic communication sent from the Site/App are free of viruses or other harmful components or that the Site/App will be constantly available or available at all.

The Company may provide links to other websites/mobile applications which link may be embedded on the Site / App. The Company does not provide any representation or warranty as to the usability of such links/sites or that such links/sites will be available for use at given point of time or that such sites/applications are free from virus or other harmful software applications. The Company further does not provide any representations or warranties as to the quality of the services provided by such sites/apps and the Users will be governed by the terms of use and other conditions of sale as are stated on the said sites/apps without any representation / warranties from the Company. The Company expressly disclaims any liability for any loss which may be occasioned to the User for accessing or using the sites/apps which may be linked to the Site/App of the Company or which may arise from the use of the services / purchase of the goods on such third party sites/applications.

The Company shall not be responsible or assume liability in the event there arises any loss or damage to you, by availing the methods of payment available on the Site/App, due to: 

-Lack of authorization for any transaction/s, or

-Exceeding the preset limit mutually agreed by you and between "Bank/s", or any other payment gateway or organization or

-Any payment issues arising out of the transaction, or

-Decline of transaction for any other reason/s

12. User Comments, Feedback and Other Submissions

User Comments, Feedback and Other Submissions

(a) Subject to the conditions above, users of this Site/App may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, the Company reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of the Company violates these Terms and, or terminate your permission to access or use this Site/App.

(b) All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered on or by this Site/App or otherwise disclosed, submitted or offered in connection with your use of this Site/App (collectively, "Comments") shall be and remain the Company’s property. Such disclosure, submission or offer of any comments, feedback, suggestions, ideas and other submissions shall constitute a non-exclusive, royalty-free, irrevocable, sub-licensable right to use, reproduce, adapt or create derivative works, distribute and/or further publish the said comments, feedback, suggestions, ideas and other submissions The said right in favor of the Company shall include all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments, feedback, suggestions, ideas and other submissions. Thus, the Company will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company is, and shall be, under no obligation (1) to maintain any Comments, feedback, suggestions, ideas and other submissions in confidence or (2) to pay any person any compensation for any Comments; feedback, suggestions, ideas and other submissions.

(c) You acknowledge and understand that the Company provides its services to several customers and several users may post comments/reviews, feedbacks suggestions etc. Consequently, it may not be possible for the Company to be aware of the contents of each such comment/review that is displayed. Accordingly, the Company operates on a "notice and takedown" basis. If you believe that any content on the Site / App is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), the Customer may immediately notifying by copying the contents of such review and emailing the same to designate email on the Site/App along with reason for your objections. The Company shall, upon receipt of such notice, examine the same and make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.

13. Grievance Redressal Mechanism

(a) In order to address any queries in relation to the Site/App and to improve the services provided with the use of the Site/App, the Company encourage the Users accessing the Site / App to post feedbacks/comments/reviews on Site/App. Additionally, the Company has also provided a grievance redressal mechanism which enable the Users of the Site to upload their specific objections/comments/reviews pertaining to the Site/App.

(b) By accessing/using the Site/App, you specifically acknowledge and understand that the Company has invested and continues to invest significant amounts towards the development and maintenance of the Site/App and that any negative feedback/comment/review may cause severe losses to the Company especially where the Company has not had the opportunity to address such comment/review. Consequently, in order to prevent such wrongful loss, you, the User specifically agree not to post any negative feedback/comment/review whether on the Site/App or on any public domain without first bringing the same to the notice of the Grievance Redressal officer specifying your feedback and further permitting the Company through its Grievance Redressal Officer to address any issues/queries or feedbacks as provided by you.

(c) You further understand and acknowledge that failure on your part to consult with the grievance redressal officer and posting /uploading or otherwise disseminating any negative comments/feedbacks without providing any opportunity to the Company to address your grievances/issues shall entitle the Company to proceed against you, the User for damages for any losses suffered by the Company. Any claim for damages shall be in addition to the rights for injunctive reliefs since claim for damages may not be a sufficient remedy. The Company shall further be entitled to treat any such feedback/comment to be defamatory / libelous in nature and take appropriate action against the User as it may deem fit.

14. Indemnity

You, the User agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party, including but not limited to the non-fulfillment of any of your obligations under these Terms of Use or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or any other rights based in equity, fact or law. This clause shall survive the expiry or termination of this Terms of Use.

15. Limitations on Liability

In no event shall the Company be liable for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages, or any damages whatsoever even if the Company has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use of information, inability to use, or performance of the information available from this Site/App. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. No action or proceeding may be brought against the Company with respect to any claim or dispute arising from the use of this Site/App.

16. Governing Law and Jurisdiction

These Terms of Use shall be construed in accordance with the applicable laws of India. In case of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use between the parties hereto, the parties shall attempt to resolve the same through discussion. In case the parties fail to arrive at an amiable solution through discussion, the same shall be referred to Arbitration by a Sole Arbitrator, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The Company shall appoint the Arbitrator and his decision shall be final and binding on the parties hereto. The seat of arbitration shall be New Delhi. Subject to the arbitration proceedings, the Courts at New Delhi shall have the exclusive jurisdiction in any proceedings arising out of these Terms.

17. Waiver

Any failure on the part of the Company to take action against breach of instant conditions, or any future amendments thereto shall not constitute a waiver of right of the Company to take action against such a breach or default.

18. Wrongful Disclosure

You understand and agree that submission of false, misleading or inaccurate information under the instant terms or any part thereof, may result in initiation of civil and/or criminal liability.

19. Modification of Terms and Conditions

Modification of Terms and Conditions

The Company reserves the right to modify these Terms of Use, at any time, without any prior notification to you personally.