Terms and Conditions
1) General terms
a) The domain name iWishBids (hereinafter referred to as “Website“) is owned by NetAnalytiks Technologies Private Limited (hereinafter referred to as “Company”), having its office at No. 205, 3rd Floor, SA Arcade, 24th Main, 5th Phase, JP Nagar, Bengaluru – 560078.
b) For the purpose of these Terms of Service, wherever the context so requires,
i) “You” or “User” shall mean any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website. The site also providing its services without registration does not absolve You of this contractual relationship.
ii) The term “We”, “Us”, “Our” shall mean www.netanalytiks.com and NetAnalytiks Technologies Pvt. Ltd.
c) The use of this website by you is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the Company.
d) You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
e) We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, it is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
2) About the company
The Company is engaged in an initiative to help people to learn to write grammatically correct English. The Company primarily offers services including but not limited to teaching grammatically correct English language, secure storage of user uploaded documents, and E-commerce service management.
a) All Users will be required to register on the Website and become Members prior to the completion of any transaction on the Website.
c) All registration information you provide is deemed to be accurate and Your registration is solely for your own use. Any use of this Website or its content other than for personal purposes is prohibited.
b) This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSs from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish the communications to cease, kindly intimate us of the same via an email to firstname.lastname@example.org.
c) You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
a) The membership of this website is per user charge for a fixed duration basis as disclosed in the pricing plans.
b) However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
c) We reserve the right to amend the charges for these services at any time. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
d) Any Merchants or Service Providers who choose to partner with us are charged depending on specific terms, which would be intimated to them at the time of registration.
6) Terms of sale
This section deals with terms relating to the sale of products/ services on the Website by us to you. Please read these terms carefully before placing any order on the Website. These terms signify your agreement to be bound by these conditions
a) Placing an order:
i)Your order is an offer to us to buy the service(s) or product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail“). The Order Confirmation E-mail is acknowledgement that we have received your order, and license to use our product / service will be made available as soon as we received confirmation of the payment and receipt of funds into our account. This could mean the license may become immediately available or take 1 – 2 days of time, till the confirmation of receipt of money is made available.
ii) Your contract is with us and you confirm that the service(s) or product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the services or products ordered by you on the website.
b) Pricing and availability: We list availability information for services and products sold by us on the Website. As we process your order, you will be informed by e-mail if any services or products you order turn out to be unavailable.
c) Taxes: You shall be responsible for payment of all fees/costs/charges associated with the purchase of any and all services and products from us and you agree to bear any and all applicable taxes/VAT, Cess etc. levied thereon.
7) Third party information
a) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), which are third party user generated content and we have no control over such third party user generated content.
b) Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
c) Payments shall be made in advance. We use third party payment gateways for online payments. The Members shall also provide any other mandatory information required under law at the time of availing any services of the Company.
8) User obligations
a) You are a restricted user of this website.
b) You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
c) You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
d) You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
e) In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
i) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
ii) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
iii) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
iv)Publish, post, disseminate, any information which is grossly harmful, harassing, defamatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v) Post any file that infringes the copyright, patent or trademark of other legal entities;
vi) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
vii) Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
viii) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
ix) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
x) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
xi)Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
xii) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii) Violate any applicable laws or regulations for the time being in force within or outside India;
xiv) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
xv) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xvi) Publish, post, disseminate information that is false, inaccurate or misleading;
xvii) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xviii) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
f) You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, services related to that being displayed on the Website or related to us.
g) You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent.
h) We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
i) In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
9) Disclaimer of warranties and liabilities
a) You expressly understand and agree that, to the maximum extent permitted by applicable law:
i) The website, services provided by this website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, or fitness for a particular purpose.
ii) Without limiting the foregoing, NetAnalytiks Technologies Pvt.Ltd. Makes no warranty that your requirements will be met or that the services provided will be uninterrupted, timely, secure or error-free;
iii) materials, information and results obtained will be effective, accurate or reliable;
vi) any errors or defects in the website, services or other materials will be corrected.
b) To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content.
c) You understand and agree that any material or data downloaded or otherwise obtained through the website is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of third parties or ourselves.
d) We shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.
10) Indemnification and limitation of liability
a) You agree to indemnify, defend and hold harmless this website including but not limited to its affiliate agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service.
b) Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another.
c) In no event shall the Company, its officers, directors, employees or partners be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
d) The limitations and exclusions in this section shall apply to the maximum extent permitted by applicable law.
11) Hosting of third party information
The website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.
12) Compliance with laws
All users shall comply with all the applicable laws (including without limitation to Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, and the rules made thereunder.
13) Disputes and jurisdiction
a) These terms shall be construed in accordance with the laws of India.
b) All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
a) Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is.
b) Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be chosen mutually by the parties; and if such mutual understanding cannot be reached, the Company shall appoint a Sole Arbitrator. Arbitration shall be held at Bengaluru, Karnataka, India. The proceedings of arbitration shall be in the English language.
c) If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bengaluru, Karnataka, India and the parties agree to submit to the exclusive jurisdiction of the courts at Bengaluru.
14) Contact us
If you have any questions about these Terms, the practices of NetAnalytiks Technologies Pvt. Ltd. or your experience with the website, please send an e-mail to us at email@example.com.