CM Talks - Terms & Conditions

 

1.     GENERAL INFORMATION

1.1 CM TALKS 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 CM TALKS 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 ar@avantari.org . 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) WE WILL NOT BE COLLECTING OR STORING ANY OF YOUR PERSONAL INFORMATION AS PART OF YOUR USE OF THE SERVICES.

 

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.

 

2.     RESPONSIBLE USAGE, MINORS, DEVICE REQUIREMENTS

 

2.1 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.

 

2.2 USE BY MINORS

Our Services are not meant to be used by minors. You must be 18 years of age, or the age of majority in your province, territory or country, to use our Services.

 

2.3 DEVICE REQUIREMENTS

To enjoy our Services via your smartphone or other Device, your Device must satisfy certain system requirements.

For iPhone users, your Device must be iPhone 5 and above and be running iOS 10 and above.

For Android users, your Android OS must be Jellybean and above.

 

3. CANCELLATION OF SERVICES

 

3.1 CANCELLATION BY YOU

You may delete our application from your device at any time should you wish to do so. None of your personal information, photos or videos taken in the app etc are collected or stored by us; they are stored locally on your device (see section 5.3 for more).

 

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.

 

4. 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.

 

5. MATERIALS OFFERED THROUGH THE SERVICES

 

5.1 COPYRIGHT

(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 their privilege over 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. 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 or other third party licensors. 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.

 

6. 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 ar@avantari.org and we will review your complaint and, where we determine it is appropriate to do so, correct the fault.

 

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.

 

7. LINKS TO WEBSITES/HOME PAGE

 

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.

 

 

8. SERVICES DISCLAIMER

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.

 

9. 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, 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.

 

10. 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.

 

10.3 LIMITATIONS

(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.

 

10.6 INTERPRETATION

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 NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given to Avantari at ar@avantari.org.

 

10.8 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.

 

10.9 THIRD PARTY RIGHTS

A person who is not party to these Terms will not, have any rights under or in connection with these Terms.

 

10.10 OUR LIABILITY

The App is a free Service to you, the end user and Avantari bears no liability for faults in the Service.

 

 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.

 

 

(b) To the extent permitted by law, Avantari and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related thereto, your provision of information via the Services, or lost business or lost sales, or any errors, viruses or bugs contained in the Services, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Services. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Services exceed, in the aggregate, the amount, if any, paid by you to Avantari for your use of the Services.

 

10.11 ARBITRATION

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.

 

10.12 CHOICE OF LAW

 

Governing law This Agreement shall be governed by and construed in accordance with the laws of India.

 

10.13 SEVERABILITY

 

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 April 12, 2018.

Avantari Technologies Private Limited is located in Plot No 185, Rd No 76, Jubilee Hills, Hyderabad, India, 500033