Avantari Terms and Conditions
1.1 AR x AR SERVICES
These Terms & Conditions (these "Terms") contain the terms and conditions on which we supply content, Services or services listed on www.avantari.org (the "Website"), through our AR x AR application (the "App") or via other delivery methods to you (the Website and such content and the Apps and all copyright content are collectively referred to herein as the "Service" or "Services" which may be updated from time-to-time at the sole discretion of Avantari Technologies Private Limited).
Please read these terms and conditions, carefully before downloading any Services from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms "Avantari," "us" or "we" refer to Avantari Technologies Private Limited. The term "Device" refers to the device, which is used to access the Services including but not limited to computers, smart phones and tablets. The term "you" refers to the user of the Services. When you download ("Download") any Services, or otherwise use or access the Services, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click "I accept" at the appropriate place prior to your download of access to the Services. At such time, if you do not click "I accept", you may not be able to complete such download or gain such access. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Services.
Our contact email address is email@example.com. All correspondence to Avantari including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.
1.2 GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of India. You and Avantari (the "Parties") agree that any disputes ("Dispute") relating to these terms or your use of the Services shall be settled by mutual negotiations and agreement. If, for any reason, such Dispute cannot be resolved amicably by the Parties, the same shall be settled by arbitration under the Indian Arbitration and Conciliation Act, 1996 and the venue of such arbitration will be at Hyderabad, India and only the courts in Hyderabad, India will have territorial jurisdiction.
1.3 BASIS OF LICENSE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Services. In order to participate in certain Services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms before you use or commit yourself to download the App.
(c) AS PART OF YOUR USE OF THE SERVICES, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN INDIA, THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN INDIA FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT INDIA MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN INDIA. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
1.4 CHANGES TO TERMS
Avantari reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.avantari.org Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email.
SIGNUP, CONSENT, MEMBERSHIP AND PURCHASE
(a) Upon Downloading the Service, you will need to sign up as a registered user of the Services (a "Member"). You will need to use your email address, which will be stored in our servers in India.
(b) In the course of your use of the Services, you will also be consenting to the storage of your personal information entered by you in the App, in Avantari servers located in India.
(c) By placing an Order for Subscriptions or Purchase through the Services, you warrant that:
(d) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Services does not violate any applicable law or regulation.
(e) You are responsible for maintaining the confidentiality of your account, and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
f) Avantari makes no claims with respect to the content provided to you through the Services. The content provided is licensed exclusively to Mr. AR RAhman. We disclaim all responsibility and liability for any direct or indirect loss, damage, cost or expense whatsoever in the use or reliance upon the Services.
2 USING THE SERVICE RESPONSIBLY
You agree to use the Services responsibly, in a manner that will keep you and others free from harm. This includes your responsibility of using the Service in a manner that does not abuse, defame or defraud another. Avantari strongly advises that you refrain from the Services whilst driving or performing any other activity that requires your undivided attention.
2.3 USE BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Services.
2.4 REGISTRATION AND MEMBERSHIP
You will need to sign up as a registered user of the Services (a "Member") in order to use the Services. You will need to use your email address. You are responsible for restricting access to your Device. As a Member, you will receive access to certain sections, features and functions of the Services that are not available to non-members. Memberships are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
2.5 IN-APP PURCHASES
(a) Avantari Members may access the Services in two ways:
(i) Free AR content.
(ii) Premium Access In-App Purchase: A one-off fee-based program, which gives access to specific content, as purchased. You can purchase Premium Access content within the App, where allowed by the App marketplace partners. Please note that if you purchase Premium Access content through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide for refunds. If you purchase Premium Access content through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google's applicable payment policy, which also may not provide for refunds.
(b) Premium Access In-App Purchases offer: For the purposes of our Premium Access purchase, your access to the specific content, as purchased by you will constitute 1 year from the date of purchase. Our Premium Access content purchase is paid for by a one-off upfront payment.
(c) Please note that if you purchase Premium Access content through the Apple iTunes Store or our iPhone application, the purchase transaction is non-auto renewable, you may manage this by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase Premium Access content through the Google Play store, the transaction is non-auto renewable. You may manage this in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
(d) You agree that you are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(e) Our obligation to provide the Service only comes into being when we confirm your purchase and send you an email to confirm your access to the Premium Access content purchased. All prices in INR include GST unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If we do not receive payment from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Services purchased through Avantari for commercial purposes.
2.6 DEVICE REQUIREMENTS
To enjoy our Services via your smartphone or other Device, your Device must satisfy certain system requirements.
(i)For iPhone users, this requirement is that all Devices must be iPhone 6s and above and the phone must support AR Kit. For more information on your iPhone, please visit www.apple.com
(ii)For Android users, this requirement is that the Android Operation System must support AR Core.
2.7 CHANGING FEES AND CHARGES
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership by emailing firstname.lastname@example.org
CANCELLATION OF SERVICES
3.1 CANCELLATION BY YOU
(a) Cancellation of purchased Premium Access content can be done through emailing email@example.com .
(b) No refunds will apply to the Premium Access content purchased through Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.
(c) Please note that if you purchase Premium Access content through the Apple iTunes Store or our iPhone application, the purchase transaction is non refundable and non-auto renewable, you may manage this by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase Premium Access content through the Google Play store, the transaction is non refundable and non-auto renewable. You may manage this in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
3.2 CANCELLATION BY US
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes without limitation, the unauthorized copying or download of our audio or video content from the Services.
PROHIBITED USE OF THE SERVICES
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services. You may not access the Services in an unauthorized manner.
4.2 You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.
4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.
4.4 You agree not to use the Services for any commercial purposes without the express written consent of Avantari.
MATERIALS OFFERED THROUGH THE SERVICES
(a) All materials (including software and content whether downloaded or not) contained in the Services are owned by Avantari (or our affiliates and/or third party licensees, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
(b) You acknowledge and agree that certain materials on or in the Services are the property of third party licensees and, without prejudice to any and all other rights and remedies available, each such licensee has the right to directly enforce relevant provisions of section 12 against you.
(c) Audio or video content from Avantari not explicitly indicated as downloadable may not be downloaded or copied from the Services or any Device.
(d) The Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Services for commercial purposes without obtaining a written license to do so from us. Material from the Services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Services and may subject you to legal liability. You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another's privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
(e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Avantari will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5.2 PROPRIETARY CONTENT
All content provided within the App is proprietary of Avantari and has been licensed exclusively to Mr. AR Rahman. Mr. AR Rahman does not encourage, promote or endorse, in any way, alcohol consumption, tobacco use or any other acts that may be immoral, harmful or detrimental to public health. Any content having such material, shall be subject to review and approval for compliance with internal norms before those are published on the App. All intellectual property, other trademarks, logos, images, Service and company names displayed or referred to on or in the Services are the property of Avantari. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the proprietary content displayed on the Services is strictly prohibited. Avantari will enforce its proprietary rights to the fullest extent of the law, including the seeking of criminal prosecution.
5.3 YOUR PHOTOS/VIDEOS
Any photos/videos that you take of yourself or others in your Device using our Services will be saved directly on your Device. None of this is captured or stored by us in any format. In the event that you choose to share these photos/videos on the Internet, you do so at your sole discretion and you take full responsibility to ensure that the content you share is not abusive, illegal or unlawful in any way.
AVAILABILITY OF SERVICES
6.1 Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free and Avantari will not be liable or responsible in any manner for the working of the Service or for any defects in the working of the Service at any point of time. If a fault occurs in the Services, please report it to us at firstname.lastname@example.org and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services are unavailable for a commercially reasonable period of time.
6.2 Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can. In the event that the Services are unavailable, please notify us of changes to your subscription by emailing email@example.com
LINKS TO WEBSITES/HOME PAGE
7.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, Services, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
7.2 You may link to our App webpage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Services must not be framed on any other website, nor may you create a link to any part of the Services unless you have written permission to do so from Avantari. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Services other than that set out above, please address your request to firstname.lastname@example.org .
We have made this service available to you as a novel way for you to experience augmented reality. This service should not be relied upon as a content provider. Avantari makes no representations and gives no warranties that the content provided in the Services is correct, current, complete, reliable or suitable for any purpose. We disclaim all responsibility and liability for any direct or indirect loss, damage, cost or expense whatsoever in the use or reliance upon the Services. Any reliance you place on the Services is therefore strictly at your own risk.
END USER LICENSE
9.1 Subject to the terms of this license agreement ("License Agreement"), as set out in this section 9, and these other Terms, and your payment of applicable fees, Avantari grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Services.
9.2 The Services contain or embody copyrighted material, proprietary material or other intellectual property of Avantari or its licensors. All right, title and ownership in the Services remain with Avantari or its licensors, as applicable. The rights to download and use the Services are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
9.3 You agree that you will not and you will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Services in any way, or create derivative works of the Services;
(b) Use the Services or any part of them to create any tool or software Service that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part;
(d) Tamper with the Services or circumvent any technology used by Avantari or its licensors to protect any content accessible through the Services;
(e) Circumvent any territorial restrictions applied to the Services; or
(f) Use the Services in a way that violates this License Agreement or the other Terms.
9.4 You may not make the Services available to the public. The Services made available (in whole or in part), are owned by Avantari or its licensees and your use of them must be in accordance with these Terms.
GENERAL TERMS AND CONDITIONS
10.1 ASSIGNMENT BY US
Avantari may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
10.2 INDEMNITY BY YOU
You agree to defend, indemnify and hold Avantari and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law or of these Terms. Avantari reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Avantari defense of such claim.
(a) The Services and their content are otherwise provided on an "as is" basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Services or their content. We assume no liability or responsibility for any errors or omissions in the content of the Services, or any failures, delays, or interruptions in the provision of the Services. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Services to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Services. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Services. We make no warranties or representations that your use of content and information posted on the Services will not infringe rights of third parties.
(b) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
10.4 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
10.5 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
10.7 ELECTRONIC COMMUNICATIONS
(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
(b) In order to retain a copy, please select "Print," and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.
(c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at email@example.com .
(d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.
(e) To receive and view an electronic copy of the communications you must have the following equipment and software:
(i) A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
(f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.
(g) You can also contact us via email at firstname.lastname@example.org to withdraw your consent to receive any future communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we may terminate your use of the Services.
(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
Unless otherwise specifically indicated, all notices given by you to us must be given to Avantari at email@example.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 11.7 above. Notice will be deemed received and properly served immediately when posted on the Services or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
10.9 ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
10.10 THIRD PARTY RIGHTS
A person who is not party to these Terms will not, have any rights under or in connection with these Terms.
10.11 OUR LIABILITY
(a) We will use reasonable endeavors to remedy faults in the Services. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Services in question. In addition, we will not be liable for:
(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Services, or from transmissions via emails or attachments received from us.
(iii) Any use of websites linked to the Services but operated by third parties.
(iv) Any reliance you place on the Services is therefore strictly at your own risk. Avantari makes no representations and gives no warranties that the content provided in the Services is correct, current, complete, reliable or suitable for any purpose. We disclaim all responsibility and liability for any direct or indirect loss, damage, cost or expense whatsoever in the use or reliance upon the Services.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH AVANTARI AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AVANTARI.
You and Avantari (the "Parties") agree that any disputes ("Dispute") relating to these terms or your use of the Services shall be settled by mutual negotiations and agreement. If, for any reason, such Dispute cannot be resolved amicably by the Parties, the same shall be settled by arbitration under the Indian Arbitration and Conciliation Act, 1996 and the venue of such arbitration will be at Hyderabad, India and only the courts in Hyderabad, India will have territorial jurisdiction.
10.13 CHOICE OF LAW
Governing law This Agreement shall be governed by and construed in accordance with the laws of India.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms are effective and were last updated on December 12, 2017.
Avantari Technologies Private Limited is located in Plot No 185, Rd No 76, Jubilee Hills, Hyderabad, India, 500033