TERMS OF USAGE OF THE WEBSITE
Welcome to http://www.aivara.in/ (“the Website”). This Website is owned and
operated by Aivara Technologies Pvt Ltd , incorporated Companies Act, 2013 (18 of 2013)
and that the company is limited by shares. Company Identification Number as :
U72900PN2022PTC213547 (hereinafter referred to as “Aivara”)incorporated in
India, which provides a one - time solution for to determine the physical, chemical and
biological parameters of water quality using AI technology. You may be accessing our
Website from a computer or mobile phone device and these Terms of Use govern your
use of our Website and your conduct, regardless of the means of access.Your use of the
services and features of the Website shall be governedby these Terms of Use (hereinafter "
Terms of Use ") along with the Privacy Policy as modified and amended from time to
time.
By mere accessing or using the Website, you are acknowledging, without limitation or
qualification, to be bound by these Terms of Use and the Privacy Policy, whether you have
read the same or not.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES
YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND
CONDITIONS MENTIONED HEREINAFTER, SO PLEASE READ THIS
CAREFULLY BEFORE PROCEEDING.
1. ACKNOWLEDGEMENT AND UNCONDITIONAL ACCEPTANCE:
-
You hereby agree, acknowledge and accept use of the Website and the services
offered by Aivara (“Services”).
-
If you do not agree to any of the terms enumerated in the Terms of Use or the Privacy
Policy, please do not use the website.
- The term “you” referred hereinafter shall refer to any natural person or legal entity
and shall deemed to mean and include User of the Website and shall include the
“end user” of the Services offered by Aivara.
- These "Terms of Use" constitute an electronic record within the meaning of the
applicable laws. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
2. PRIVACY PRACTICES
We suggest to review our Privacy Policy, which also governs your visit and usage of
the Website.
3. USAGE
- This Website is directed to be used by adults only. We assume that any minor, if at
all, accessing our Site is under the supervision of their guardians. Aivara or its
associates do not knowingly collect information from minors.
- You will be responsible for maintaining confidentiality of your account, password,
and restricting access to your computer, and you hereby accept responsibility for all
activities that occur under your account and password.
- You acknowledge that the information you provide, in any manner whatsoever, are
not confidential or proprietary and does not infringe any rights of a third party in
whatsoever nature.
- If you are accessing, browsing and using the Website on someone else’s behalf; you
represent that you have the authority to bind that person to all the terms and
conditions herein. In the event that the person refuses to be bound as the principal
to the Terms of Use, you agree to accept liability for any harm caused by any
wrongful use of the Website resulting from such access or use of the Website in
whatsoever nature
- If you know or have reasons to believe that the security of your account has been
breached, you should contact us immediately at the 'Contact Information' provided
below.
- We reserve the right to refuse the products/services/service and/or terminate
accounts without prior notice if these Terms of Use are violated or if we decide, in
our sole discretion, that it would be in Aivara’s best interests to do so.
4. SERVICES/SERVICE INFORMATION
- Aivara attempts to be as accurate as possible in the description of the Services on the
Website. However, Aivara does not make any warranty in respect of the Services via
the Website. All descriptions of Services are subject to change at anytime without
notice, at the sole discretion of us.
- The Website may contain typographical errors or inaccuracies and may not be
complete or current.
- Aivara reserves the right to but are not obligated, to limit the sales of our Services to
any person, geographic region or jurisdiction, correct, change or update information,
errors, inaccuracies or omissions at any time (including after an order has been
submitted) without prior notice.
5. RECOMMENDATION OF THE PRODUCTS/SERVICES
Any recommendation made to you in the Website during the course of your use of
the Website is purely for informational purposes and for your convenience and does
not amount to endorsement of the Services by Aivara or any of its associates in any
manner.
6. USER CONTENT
- The data or information of whatsoever nature made available to us ("User
Content "), are entirely your responsibility and we will not be held responsible, in
any manner whatsoever, in connection to the User Content.
- Aivara shall in no way be held responsible for examining or evaluating User Content,
nor does it assume any responsibility or liability for the User Content.
- Aivara does not endorse or control the User Content transmitted or posted on the
Website by you and therefore, accuracy, integrity or quality of User Content is not
guaranteed by Aivara.
- If you wish to delete your User Content on our Site or in connection with our mobile
applications, please contact us by email at help@aivara.in
7. INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights in connection with the Website and the Services are
solely owned by Aivara.
- Aivara expressly and exclusively reserve all the intellectual property rights in all text,
programs, Services, processes, technology, content, software and other materials,
which appear on the Website, including its looks and feel.
- Consequently, the materials on the Website shall not be copied, reproduced,
duplicated, republished, downloaded, posted, transmitted, distributed or modified in
whole or in part or in any other form whatsoever, except for your personal, noncommercial use only.
- No right, title or interest in any downloaded materials or software is transferred to
you as a result of any such downloading or copying, reproducing, duplicating,
republishing, posting, transmitting, distributing or modifying.
- All contents of the Website including but not limited to text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software, is the
property of Aivara it’s Affiliates and it’s content suppliers and the same is protected
under Intellectual Property rights and the applicable laws of India.
v
- Any duplication, reutilization, reuse, cloning of contents of this website or any part
thereof without prior written consent of Aivara and it’s affiliates shall lead to
infringement of Intellectual Property Rights and the same may attract cause of action
against such user of the content in accordance with the applicable laws of India.
8. MODIFICATIONS:
These Terms of Usage are subject to modifications at any time, without prior notice.
Aivara reserves its rights to carry out such modifications from time to time. It shall
be the sole responsibility of the user/s to update themselves with such modifications
to the conditions of use. Any change or modification to the Terms of Use and the
Policies will be effective immediately from the date of such upload of the Terms of
Use and Policies on the Site. Your continued use of the Website following the
modifications to the Terms of Use constitutes your acceptance of the modified Terms
of Use whether or not you have read them. For this reason, you should frequently
review these Terms of Use, including their dates, to understand the terms and
conditions that apply to your use of the Website.
9. TERMS AND CONDITIONS OF USAGE:
- The User hereby agrees and understands that the Website is a means through which
the User can access information about Aivara and the Services provided by Aivara.
- Nothing contained hereon shall deem to establish any promise to provision of
Services or any other commercial arrangement/ venture/ collaboration of any
nature whatsoever between the User and Aivara.
- You hereby authorise Aivara to contact the user to provide by sharing the personal
information like name, address, requirement details, contact details,
products/services/ service information and to store such information of the User in
Aivara’ system.
- This Website is provided to you "AS IS". We make no representations regarding the
use of or the result of the use/depiction of the contents on the Website in terms of
their correctness, accuracy, reliability, or otherwise. Aivara shall not be responsible
or liable for any loss or damage, howsoever caused or suffered by the User arising
out of the use of products/services offered by Aivara or any party, or due to the
failure of Aivara to provide products/services to the User for any reason whatsoever
including but not limited to the user's non-compliance with the products/services'
recorded voice instructions, malfunction, partial or total failure of any network
terminal, data processing system, computer tele-transmission or telecommunications
system or other circumstances whether or not beyond the control of Aivara or any
person or any organization involved in the above mentioned systems.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR
USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE. WE NOR OUR HOLDING, SUBSIDIARIES,
AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND
CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT
TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE
NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES,
AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR
LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a)
INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS
A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE
LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR
MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR
USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM
THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN
CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF
AIVARA. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT
DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER
WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS
WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE
THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY
EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR
RELATED TO, THE USE OF THE SITE OR THESE TERMS AND
CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR
AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR
ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE
DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE
SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION,
LIABILITY, OR RESPONSIBILITY TO YOU.
11. GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the
applicable laws of India.
12. SITE SECURITY
You are prohibited from violating or attempting to violate the security of the
Website, including, without limitation,
- accessing data not intended for you or logging onto a server or an account which you
are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization;
- attempting to interfere with service to any other user, host or network, including,
without limitation, via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mail bombing" or "crashing;"
- sending unsolicited email, including promotions and/or advertising of
products/services/services; or
- forging any header or any part of the header information in any email or newsgroup
posting. Violations of system or network security may result in civil or criminal
liability.
13. GENERAL
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms of
Usage at any time by posting the changes on the Website. Any changes are effective
immediately upon posting to the Website. Your continued use of the Website
thereafter constitutes your agreement to all such changed Terms of Usage. We may,
with or without prior notice, terminate any of the rights granted by these Terms of
Usage. You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Website.
If you have any questions regarding these Terms and Conditions, please email us at
help@aivara.in
14. CONTACT INFORMATION:
For any further communication, clarifications and queries, you may reach out to us
at:
Contact us: help@aivara.i