Terms-Conditions
TERMS AND CONDITIONS FOR USER
A company is never responsible, answerable, liable, questionable if any of the USER fails to follow the TRAI rules and regulations. If USER not following the TRAI rules and regulations and sending marketing SMS and/or making Marketing calls to mobile subscriber who registers their mobile number with TRAI for DND (DO NOT DISTURB) Services then any third party (who received the Marketing SMS/Email/CALLS) has rights to take action against USER and it’s no way affected to the company. Please read the TRAI rules and regulations before purchasing our software’s/services. Further it is mandatory that user will be National Do Not Call Registered with Department of Telecommunications reference RBI circular No.DBOD.FSD.BC.19/24.01.011/ 2007-08 dated July 3, 2007, DBOD.FSD.BC 35/24.01.011/2007-08 dated October 19, 2007 and letter DBOD.FSD.6014/24.01.011/2007-08 dated November 16, 2007 on the refereed subject and is further Undertaking to the Service Provider Ms/. Infiflyer Infotech Solutions Private Limited confirming that As per the RBI circulars mentioned above a telemarketer needs to register with the Department of Telecommunication (DoT) and only then should be permitted to operate telemarketing services. We would then need to submit the calling list to the NDNC Registry online, where the list will be modified/ scrubbed by excluding the numbers listed in the registry and the modified / scrubbed list will be online transferred back to the telemarketer, for making telemarketing calls. Further this is to confirm that M/S User is working as a
Digital marketing User and doing Digital marketing business and does not have any telemarketing setup. Therefore we have not been registered with the Department of Telecommunication (DoT) as per the Telecom Regulatory Authority of India (TRAI), as also mentioned in the RBI circular. We also wish to mention that in the event M/S User does start off a telemarketing setup in the future, then they would first adhere to the RBI circular mentioned above and get themselves registered with Department of Telecommunication (DoT). The registration certificate copy will be submitted to the
Infiflyer Infotech Solutions Private Limited. for their records and for onward submission to central coordinator for all Digital Services/Solution providers by TRAI on this project. We will then submit the calling list to the NDNC Registry online, where the list will be modified / scrubbed by excluding the numbers listed in the registry and the modified/ scrubbed list will be online transferred back to us for making telemarketing calls. We would wish to confirm that we would not make any tele marketing calls till such time we are not registered with Department of Telecommunication (DoT) as per
the Telecom Regulatory Authority of India (TRAI). Further M/s. Infiflyer Infotech Solutions Private Limited is the Digital Services Provider and M/s. User is specified herein under as the user of the services for self use and not redistribution. ANY KIND OF THE SERVICES PURCHASING FROM OUR RESPECTED WEBSITE. The (User/Client/Buyer/Purchaser/Visitor) required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms” or “Agreement”) and
the linked Privacy Policy, before you use the applications, websites, content, products and services (“Services”) made available to you by the Company on the Website. The Company provides the Services to the User subject to the Terms and as per the request specified in the purpose. All information accessed or viewed by the User is considered confidential and is the only authorized personnel or business purposes. These Terms are effective upon acceptance and governs the relationship between the User and the Company and also includes its affiliates and subsidiaries, jointly and
severally) and also the use of the Website. If the Terms conflict with any other document, the Terms will prevail for the purposes of usage of the Website. If the User does not agree to be bound by these Terms and the Privacy Policy, the User will not be permitted to use the Website in any way. For the Terms that apply to you and your use of the Services as an Organizer or owner please see Organizer Terms or owner.
CONDITION OF THIS AGREEMENT :-
The confidentiality of data pertaining to individuals will be protected as follows:-
a. The data user will not release the names of individuals, or information that could be linked to an individual, nor will the user present the results of data analysis in any manner that would reveal the identity of individuals.
b. The data user will not release individual addresses, nor will the user present the results of data analysis (including maps) in any manner that would reveal individual addresses.
c. Both parties shall comply with all Statutory laws and regulations governing the confidentiality of the information that is the subject of this Agreement.
The data recipient will not release data to a third party. The data user will not share, publish, or otherwise release any findings or conclusions derived from analysis of data obtained from the company without prior approval from the
Company.
Data transferred pursuant to the terms of this Agreement shall be utilized solely for the purposes set forth in the “Agreement”.
All data transferred to the user by the company shall remain the property of the company and shall be returned to the company upon termination of the Agreement.
CONFIDENTIALITY :-
The user, agreed to preserve, at all times, the confidentiality of data pertaining to identifiable data subjects. In particular, the user undertakes not to use, or attempt to use the data to deliberately compromise or otherwise infringe the confidentiality of information on data subjects and their right to privacy.
REPRESENTATION, WARRANTIES AND COVENANTS
The user represent, warrant and covenant that :-
A. It will not analyse or make any use of data in such a way that has the potential to lead to the identification of any data subject to compromise the anonymity of any data in any way;
B. It will not use or disclose the data for the purpose other than as permitted by the company in this agreement;
C. It will report to the company immediately upon it been aware of an unauthorized use or disclosure of the data;
D. It will obtained or necessary approvals for the use of data;
E. to comply with all the conditions specified in the protocol and its amendment and/or agenda, good practical guidelines and all other applicable laws and regulations and standards, any condition require by the statutory committee.
ACCESS AND GOVERNANCE :-
The user agrees that it, shall take all reasonable security precautions to keep the data confidential, such precautions to be no less onerous than those applied in respect of the user’s own confidential information. The user agrees to use the data of its own. The user agrees than before it access the data itself first read the copy of this agreement and must comply with the obligations contained in this agreement.
Intellectual property and publication :-
I. User recognizes that nothing in this agreement shall operate to transfer to the user any intellectual rights in or relating to the data.
II. Company grants to user the non-exclusive, would wide, perpetual, sub-licensable, royalty free, fully paid up license to use the data for user’s commercial purpose.
III. User shall inform company in confidence of purpose related to the data, by personal communication or by providing company with copies of manuscripts describing the purpose. Company shall at all times keep confidential will not disclosed to any person, the purpose or manuscripts received from the user, Unless with prior consent of the
user.
IV. Any purpose or result arising from this collaborative activity may be published if require by the statutory authority.
TERMS AND TERMINATION OF AGREEMENT
This agreement shall came into force from the date from the date the user will pay the specific amount fixed by the company for the purpose of access of data.
This agreement will terminate immediately upon any breach of the provisions of this agreement by the user.
In the event that this agreement is terminated in accordance with the above 2 clauses the user shall return the data to the company and the company will not be liable to pay any kind of refund to the user.
That the company will be at liberty to block the user if the user will not comply with the terms this agreement and the statutory laws.
LEGAL STATEMENT
The user, understand that all the data is protected by intellectual property rights, such that duplication or sale of all of or part of the data on any media is not permitted under any circumstances.
The company shall insure that the data provided pursuant to this agreement was collected or will be collected in accordance with the standard patient informed consent procedures of the provider at the time of collection and subject to approval of the statutory authority.
LIABILITY
the data provider is not liable for any error or omissions, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with the data, even if specifically advised of the possibility of such loss, injury or damage. Under any circumstances, the user may not hold the company/data provider responsible
:-
i. Any error, omission of loss of data;
ii. Any undesirable consequences due to the use of the data as part of an application,
product, service (including violation of any prevalent law).
The company shall not be held liable by the user if the user at any stage, violate the
statutory regulations.
GOVERNING LAW :-
This agreement shall be constructed, interpreted and Governed by the Laws of India and shall be subject to the exclusive Jurisdiction of Jaipur Courts.
In the event of any dispute or difference arising out of or in connection with or in relation to this agreement, including any question regarding the existence, validity, termination, application or interpretation of this agreement or any of its provisions, or any claim, disagreement or dispute arising out of or relating to this agreement or the breach of its provisions, Parties shall use their best endeavours to settle the dispute informally by agreement between themselves. The parties shall always act in good faith and co-operate with each other to resolve any disputes.
Any dispute which cannot be resolved by amicable settlement amongst the Parties arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Jaipur in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference to this clause. The language of the arbitration shall be English. Any award made hereunder shall be final and binding upon the Parties hereto and judgment on such award may be entered into any court or tribunal having jurisdiction thereof.
MISCELLANEOUS
Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof.
No Agency or Partnership. This Agreement does not create any agency or partnership relationship between the Parties.
11.3 Use of Name or Marks. Neither Party may use the name, or any proprietary marks, of the other Party.
11.5 Amendments. Any amendment to this Agreement can be done by the company without the prior information to the user.
11.6 Severance. The invalidity or unenforceability of any provision of this Agreement determined by any court or administrative body of competent jurisdiction shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
11.7 No Waiver. No waiver by a Party of any breach or default by the other Party shall operate as a waiver of any succeeding breach or other default or breach by such other Party. A waiver must be specific, irrevocable and in writing, to be effective. A Party’s failure or delay in exercising any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict such Party from any further exercise of that or any other right or remedy.
11.8 Assignment. Neither party may assign this agreement without the prior written consent of the other party.
11.10 Electronic Execution. This Agreement may be executed electronically and such electronic version shall be treated as an original.
IV. REFUNDS
We only deliver once Client satisfies with the Given database. So normally we don’t refund due to the digital nature of the product. In exceptional cases, We and client mutually agreed that wrong product is delivered then the refund can take place within 30 days of delivery.
Due to the nature of the data sold, all sales are final and non-refundable. If you have any questions regarding our terms of use or refund policy please call us before Purchasing the database or other services. By placing your order and submitting your information you are entering into a binding purchase contract. I understand that all products/services purchased from this website do not have any of response rate or accuracy. I understand that all sales are final, and there are no refunds. Further, any database or custom database or email list sold by company comes with no guarantee of response rate or accuracy. If you do not agree with these terms and our Refund policy please leave our website. We are not providing refunds after the purchase of Email ID Database & Mobile Number Database. The buyers can contact our support and clear
their doubts before making a payment.
After purchasing the mobile number database/Email Database pack, money is not refundable/ transferable at any cause for many reasons. Due to the nature of the software sold, all sales are final and non-refundable.
