Company’s Website is not responsible for any incorrect or inaccurate Content/listing posted on the Site or in connection with the Company’s Website Service, whether caused by Users (that includes MSMEs and Agents), Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any User and/or Member of the Company’s Website Service whether online or offline.
Company’s Website assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User and/or Member communications or any communications by Company’s Website to its Members.
Company’s Website is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users and/or Members or to any other person’s computer related to or resulting and/or in connection with the Company’s Website Service.
Under no circumstances will Company’s Website be responsible for any loss or damage resulting from anyone’s use of the Site or the Service and/or any Content posted on the Company’s Website Site or transmitted to Company’s Website Members. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.
The exchange of information through or by “Company’s Website” is not an offer and/or recommendation from/by Company’s Website. Company’s Website shall not be responsible for any loss or damage to any individual or MSME arising out of, or subsequent to, any relations established pursuant to the use of Company’s Website service.
The Site and the Service are provided “AS-IS” and Company’s Website expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Company’s Website cannot guarantee and does not promise any specific results from use of the Site and/or the Company’s Website Service. You understand that the Company’s Website makes no guarantees, either express or implied, regarding compatibility with individuals you meet through the Service.
Company’s Website expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content/listing posted on the Site / made available to Company’s Website by any Members or the users of the Site or any third party.
The Company’s Website does not assume any responsibility or liability for any illegal Content posted on the Site by any Members, users or any third party.
All liability, whether civil or criminal arising out of any Content that is Posted on the Site will be of that Member / user / third party/MSMEs/Agents who has Posted such Content and Company’s Website reserves its right to claim damages from such Member/ user / third party MSMEs/Agents that it may suffer as a result of such Content Posted on the Site.
This Terms of Use is published in accordance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.The Platform or Site is owned by AVAH NEXTGEN PRIVATE LIMITED.
The Site is for connecting MSMEs with commission Agents in connection with any commercial endeavours for expanding their business.
Access to the Company’s Website is free. However, there will be certain services in which the website shall charge for its services. (After the initial free trial period, the company shall be charging its users for membership to view the section of agents.)
1.1 In order to use the Company’s Website Service, you must register as a member on the Website/community sites/mobile applications (“Site”). The Company’s Website is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Site and become a “Member.” For purposes of this Agreement, the term “Member” means an AGENT/MSME who voluntarily submits information to the Site.
1.2 By using the Site, you agree to be bound by these Terms of Use (“Agreement”). If you wish to become a Member and promote/advertise your profile to other Members and make use of the Company’s Website service (“Service”), read these Terms of Use and follow the instructions in the registration process.
1.3 By using the Service, you consent to submit your personally identifiable information, including sensitive personal data such as your financial data (if opted for our paid membership), Identity proofs (if submitted), etc., to collect, process, display and use the said information to provide the Service and contact you by other Members. If you have any objections to collecting/processing your personal data, we advise you not to register with our Site.
1.4 If you want to withdraw this consent or if you have any objection to continuous collection or storage of your personal details, you must discontinue using our Service and delete your account by sending an email from your registered email ID to help@agentsat.com , as we will not be able to provide you any Service without having your personally identifiable information.
2.1 To register as a Member on the Company’s Website or use this Site, you must be either an MSME or an Agent.
2.2 By using this Site, you represent and warrant that you have the right, consent, authority, and legal capacity to enter into this Agreement; submit relevant information to us; and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court or tribunal from entering into any business relationships.
3.1 You are responsible for maintaining the confidentiality of your login credentials you designate during the registration process, and you are solely responsible for all activities that occur under your account. You agree to immediately notify us of any disclosure or unauthorized access/use of your account or any other breach of security and ensure that you log out from your account at the end of each session.
4.1 This Agreement will be effective, valid and subsisting as long as you use our Site.
4.2 You may terminate your membership at any time, for any reason, by deleting your profile from the Site or writing to Company’s Website. In the event you terminate your membership, you will not be entitled to a refund of any unutilized subscription fees, if any, paid by you, except where otherwise guaranteed in writing.
4.3 Company’s Website may terminate your access to the Site and/or your membership for any reason, including but not limited to breach of the terms of use, using the service for commercial purposes, engaging in prohibited or inappropriate communication or activity, by sending notice to you at the email address provided by you in your application for membership or such other email address as you may later provide to Company’s Website. If Company’s Website terminates your membership for breach of terms of this Agreement, you will not be entitled to any refund of any subscription fees, if any, paid by you.
5.1 The Site is for the personal use of MSMEs and Agents for the purpose of generating commercial endeavours. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
5.2 The Site is not responsible or liable for but not limited to anything mentioned in clause 5.1.
6.1 Company’s Website reserves the right in its sole discretion to review the activity and status of each account and block access to the member based on such review.
6.2 Company’s Website reserves the right at its sole discretion to restrict/suspend your access to its website based on the review of the member’s activity, status, or any such criteria Company’s Website may deem fit and proper, with due intimation to you.
6.3 You hereby confirm that as of the date of this registration, you do not have any objection to receiving emails, SMS/WhatsApp messages, and calls from Company’s Website and members of Company’s Website as long as you are a registered member of Company’s Website, including SMS permission for authenticating mobile verification and transactions via OTP, sent by the Payment Gateway.
6.4 Multiple profiles of the same AGENT and MSME are not allowed on our Site. Company’s Website reserves the right to deactivate all multiple profiles without any refund of subscription fees.
6.5 You confirm that the Content information, including the information mentioned in the Privacy Policy provided by you is correct and accurate.
6.6 You will not transmit any chain letters or junk email to other Company’s Website Members. Although Company’s Website cannot monitor the conduct of its Members off the Company’s Website Site, it is also a violation of the Agreements to use any information obtained from other members in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
6.7 Company’s Website reserves the right to take appropriate steps to protect Company’s Website and/or its Members from any abuse/misuse as it deems appropriate in its sole discretion.
6.8 You hereby agree that you shall not use the Services and the platforms to harass any member.
6.9 You shall interact with other members with due respect and shall ensure to be decently dressed up during the event, Meet.
6.10 You cannot use any automated processes, including IRC Bots, EXE’s, CGI, or any other programs/scripts to view content on or communicate/contact/respond/interact with Company’s Website and/or its members.
6.11 Company’s Website reserves the right to screen communications/advertisements that you may send to other Member(s) and also regulate the same by deleting unwarranted/obscene communications/advertisements at any time at its sole discretion without prior notice to any Member.
6.12 Company’s Website Members are expected to exercise simple precautions for their privacy and safety. A suggestive guideline of such precautions is enlisted under security tips “Be Safe Online”. By becoming a Member, you hereby agree to read, abide, and adhere to the said Tips.
7.1 Company’s Website owns and retains all proprietary rights in the Company’s Website Site and the Company’s Website Service. The Site contains copyrighted material, trademarks, and other proprietary information of Company’s Website, and/or its licensors. Except for that information which is in the public domain such as member profile or for which permission has been obtained from the user, you cannot copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any such act or an attempted act on your part shall constitute a violation of this Agreement, and your membership is liable to be terminated forthwith by Company’s Website without refund of any of your unused subscription fees. The Company’s Website reserves the right to take legal action (civil and/or criminal) wherever applicable for any violations.
8.1 You understand and agree that Company’s Website may delete any listing, content, communication, photos, or profiles (collectively, “Content”) that in the sole judgment of Company’s Website violate this Agreement or might be offensive, illegal, or violate the rights, harm, or threaten the safety of either Company’s Website and/or its Members. You confirm that the Content information, including the information mentioned in the Privacy Policy, provided by you is correct and accurate.
8.2 With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, including but not limited to your contact details, you hereby unconditionally and irrevocably grant to Company’s Website the consent and license to use, store, distribute, reproduce, prepare derivative works of, modify, adapt, publicly perform and publicly display such Content on the Site and to the members of Company’s Website community site(s) from time to time.
8.3 You understand and hereby agree that all information, data, graphics, communications, tags, or other Content whether publicly posted or privately made available to Company’s Website are the sole responsibility of the person from whom such Content originated and shall be at the sole risk and consequences.
9.1 Company’s Website does not endorse, guarantee, or take any responsibility for the dealings between MSMEs and Agents.
9.2 The Site merely facilitates the connection between MSMEs and Agents. It is the responsibility of the MSME and Agent to engage in negotiations and enter into agreements as they deem fit.
9.3 The Company is not responsible for any losses, damages, or disputes arising between the MSMEs and Agents as a result of their interactions, agreements, or dealings.
9.4 Agents shall not claim that they did not find an MSME or were unable to engage in a business relationship with one through the Site. The Site merely acts as a facilitator for making initial contact.
10.1 Indemnity by the Member
You agree to indemnify, defend, and hold harmless the Company’s Website, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, “Indemnified Parties”) from and against any and all losses, damages, liabilities, claims, demands, causes of action, or expenses (including reasonable attorneys’ fees and court costs) that arise directly or indirectly from:
(a) Your use or misuse of the Site or Services, including any actions taken by you that are not in compliance with this Agreement.
(b) Any Content (including personal, financial, or business information) that you submit, post, upload, or transmit on or through the Site, whether public or private.
(c) Your breach of any provision of this Agreement, including but not limited to the terms regarding intellectual property, privacy, and confidentiality.
(d) Your violation of any law, regulation, or the rights of any third party, including but not limited to privacy rights, copyright, trademark, and defamation laws.
(e) Any claim, demand, or legal action arising out of your dealings with other Members of the Site, whether MSMEs or Agents.
(f) Any fraudulent, illegal, or unauthorized use of the Site or Services by you.
10.2 Obligation to Cooperate
In the event of any such claim or legal action, the Company’s Website will promptly notify you of the claim, and you shall cooperate fully, at your own expense, in defending the claim. The Company’s Website reserves the right to assume exclusive control of the defense of any matter subject to indemnification, and you shall not settle any claim without the prior written consent of the Company’s Website.
11.1 Independent Status of Members
The Company’s Website does not endorse, verify, or recommend any MSME or Agent registered on the Site. The website merely acts as an intermediary platform, connecting parties who may have mutual business interests. The Company’s Website does not take any responsibility for the actions or claims made by any member, including MSMEs or Agents.
11.2 No Responsibility for Dealings
Any agreements, transactions, or relationships established between MSMEs and Agents are entirely independent of the Company’s Website. The Company’s Website is not a party to any such agreements, and you acknowledge that any risks arising from such dealings are solely yours and not the responsibility of the Company’s Website.
11.3 No Guarantee of Outcomes
The Company’s Website does not guarantee or warrant the success, profitability, or legality of any business dealings or interactions between MSMEs and Agents. All parties are encouraged to conduct appropriate due diligence before entering into any contractual or business relationship.
12.1 Uncontrollable Events
Company’s Website shall not be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including, but not limited to:
(a) Acts of God (e.g., natural disasters such as floods, earthquakes, fires)
(b) War, terrorism, civil disturbance, or acts of governmental authority
(c) Pandemics, epidemics, or health crises (including any government-imposed restrictions or regulations arising therefrom)
(d) Strikes, labor disputes, or interruptions in services
(e) Technological failures, including network outages, server failures, or cyber-attacks.
12.2 Extension of Time for Performance
In the event of a Force Majeure event, the Company’s Website shall be granted an extension of time to fulfill its obligations under this Agreement, and no party shall have the right to claim damages for delays or failure to perform caused by such events.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or unenforceability of such provision shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any provision of this Agreement shall be deemed a waiver of any other provision, nor shall any waiver of a breach of any provision be deemed a waiver of any future breaches. Any failure by Company’s Website to enforce any provision of this Agreement will not be construed as a waiver of such provision or the right to enforce it at any later time.
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute, claim, or cause of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Ahmedabad, Gujarat, India. In the event of a dispute, the parties may mutually agree to resolve the dispute through binding arbitration, in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall take place in Ahmedabad, Gujarat, India, and the language of the proceedings shall be English.
