TERMS AND CONDITIONS OF USAGE FOR AntWak PLATFORM
Welcome to Antwak!
Antwak is a platform that allows its users to discover and view videos, video summaries, academic and professional interviews, infographics, quizzes and other content provided (hereinafter referred to as “Services”). The Services can be availed through our website www.antwak.com and related mobile application Antwak (hereinafter collectively referred to as “Antwak Platform”, “Platform”) and are subject to the terms and conditions provided herein. By accessing and using Antwak Platform (or clicking on “I Agree”), irrespective of completion of registration formalities, required under this document, you agree to have read these conditions carefully and to be bound by them. DSBL Private Limited (“Company”) is the owner and controller of Antwak Platform, as stated above, and the terms set forth below shall form a binding legal contract between you and the Company.
i. the Indian Contract Act, 1872,
- ii. the (Indian) Information Technology Act, 2000, and
- iii. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
The term “Company”, “us”, “we” or “Antwak” shall mean DSBL Private Limited incorporated under the Companies Act, 2013 responsible for the operation and management of the Antwak Platform;
If you do not agree with these Terms, please do not proceed further or use or access Antwak Platform. You have the right to opt-out of agreeing to these terms, and therefore also using Antwak Platform. If you do not agree with any of the Terms stated herein or do not wish to be bound by the same, you are at liberty to refrain from using Antwak Platform and its Services.
However, please be aware that your use of Antwak Platform would mean deemed acceptance of these Terms and its associated policies mentioned here, including any modification thereof. As, long as you comply with these Terms, Antwak grants a personal, non-exclusive, non-transferable, limited license to use Antwak Platform. The aforesaid license and/or or use of Antwak Platform can be revoked or refused, subject to the Company’ s reasonable discretion.
2. ONLINE PLATFORM
You understand and agree that:
3. SCOPE OF THE SERVICES & USE OF THE PLATFORM
- i. That Antwak Platform is an online platform that enables you to view videos, video summaries, academic and professional interviews, infographics, quizzes and other content provided under various topics on Antwak Platform.
- ii. That Antwak Platform is only a facilitator for providing videos, video summaries academic and professional interviews, infographics, quizzes and other content provided on the Platform. Therefore, the users acknowledge and agree that Antwak is merely an intermediary and does not assume any liability or acquire any right, title or interest in the schemes & offers offered by the partners.
- iii. That Antwak Platform does not endorse any Partner listed on the website or the mobile application. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any of the purported identity. We will not be responsible for any damage or harm resulting from your interactions with other members or users of Antwak Platform or the Partners listed on Antwak Platform.
- iv. By using the Services of Antwak Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
- v. By registering with Antwak and using Antwak Platform, you are representing that (i) you are 18 years or age or older; (ii) you are capable of entering into a legally binding agreement; and (iii) you are not barred or otherwise legally prohibited from accessing or using Antwak under the laws of India, or (iv) You are using the Platform with parent(s)/guardian(s) permission and supervision .
- i. The scope of services that can be availed by a user by accessing Antwak platform is to view the videos, video summaries, academic and professional interviews, infographics, quizzes and other content provided under various topics on Antwak Platform.
- ii. While the Platform is available to You free of cost, We may amend these Terms and impose a cost on the Platform in future. We don’t promise to but will try our best to give You a prior notice in this regard
- iii. You will use the Platform only for such purposes as is permitted by (a) this Agreement; and (b) any law, regulation or generally accepted practices or guidelines applicable.
You will be granted limited access to the Antwak Platform. While enjoying access to Services offered by Antwak Platform, you agree not to download, or modify any portion of it but to inform Antwak Platform of any issues you face while using Antwak Platform and its features. Your feedback is valuable to Antwak Platform. Any comments, reviews or feedback you post on Antwak Platform shall be the property of the Company.
5. LIMITATIONS ON USE
6. REGISTERING WITH ANTWAK PLATFORM
- i. By using our Services, not to (a) modify, prepare derivative works of, or reverse engineer, our Services through data mining robots, or any other data gathering and extraction tools; (b) knowingly or negligently use our Services in a way that abuses or disrupts our network, user accounts, or the Services; (c) transmit through the Services any harassing, indecent, obscene, fraudulent, or unlawful material; (d) reproduce, copy, sell, market, resell, distribute or otherwise exploit Antwak Platform and the Services offered by it including but not limited to contents, listings, descriptions, account information, etc. to any third party for your own benefit or for the benefit of a third party; (e) use the Services in violation of applicable laws, or regulations; (f) use the Services to send unauthorized advertising, or spam; (g) harvest, collect, or gather user data without their consent; or (h) transmit through the Services any material that may infringe the intellectual property, privacy, or other rights of third parties.
- ii. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must not use Antwak Platform for any activity that has been restricted or barred under the Information Technology Act, 2000 and the rules made thereunder, including but not limited to any fraudulent purposes, or in connection with a criminal offence or other unlawful activity or offensive or material that is sexually explicit content or which promotes racism, hatred or physical harm, misleading, abusive, indecent, harassing, defamatory, obscene, pornographic, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right belong to Antwak or any other third party.
- iii. You shall strictly abide by the provisions of the Information Technology Act, 2000, as it may be amended from time to time or any rules and regulations made thereunder and shall not post any indecent review or comment which are illegal, obscene, abusive, threatening defamatory, invasive of privacy, infringing of IPR, or otherwise injurious to third parties.
- v. You are responsible and liable to us for all activities that take place or occur through and in your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network ability and we shall not be liable to you for any damages or consequences arising from your inability to log into your account.
- vi. The license granted hereunder may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations of this Agreement. We will provide an intimation of such assignment to you, which will be binding on the parties to these Terms.
7. UNAUTHORISED ACCESS TO ACCOUNTS
- i. To avail our services, the User can access the Platform and provide preferences to view the contents of the Platform.
- ii. In order to avail additional features such as saving videos or preferences, you are required to create an Antwak Account. You agree to provide the following details on a need to know basis:
- a. Full name, age, gender, profession and areas of interests ;
- b. Contact information such as your Valid email address, phone number, and any additional contact details; and
- c. Demographic data, such as Your location, time zone and postal address..
- iv. While completing the registration process, you will be provided with a One-Time Password (OTP) or any other piece of information as part of our security procedures. Kindly treat such information as confidential, and do not disclose it to any third party. In the event you disclose such information to a third party, Antwak shall not be responsible for any loss or damage that may occur. You agree to immediately notify us of any unauthorized use of your password, by sending details of the same to: support@Antwak.com.
You must keep your user details secure and must not share them with anyone else. You must notify us immediately if any unauthorized use, or suspected unauthorized use, of your account occurs or if any other breach of security occurs.
8. INTELLECTUAL PROPERTY RIGHTS
i. Under these Terms, we own all the intellectual property rights and materials contained on Antwak Platform. You are granted limited license only for purposes of viewing the material contained on this Website.
- ii. The logo, brand name, design and the contents displayed on our Platform are the intellectual property of the Company and the user is not allowed to use the logo or other proprietary, graphic or trade mark on the Platform without express written consent of the Company. Company owns all of the copyrights and database in relation to the Platform.
- iii. The Company owns and retains all the intellectual property rights to the content made available to you through the Platform. The ownership of the ideas created by interviewees shall belong to them and not the Company.
- iv. The Platform and any underlying technology or software used in connection with the Platform may contain rights of the Company or its affiliates or any third party. For use of any third party’s intellectual property, you may need to get permission directly from the owner of the intellectual property.
- v. Any intellectual property which is not specifically mentioned to be owned by the Company is owned by their respective owners and the owners have a right to take appropriate actions against you for any violation, infringement or passing off.
- vi. We respect the intellectual property rights of others and do not hold any responsibility for any violations of any intellectual property rights by you.
- vii. You may view and share content of our Platform on social media, including but not limited to Facebook, WhatsApp, Instagram, e-mail or with other people, subject to the restrictions set out below and elsewhere in these terms and conditions.
- viii. You must not:
a. sell, rent or sub-license material from the Platform;
- b. reproduce, duplicate, copy or otherwise exploit material from our Platform without our explicit written permission;
- c. edit or otherwise modify any material on the Platform for the purpose of disguising or changing any indications of the ownership or source of Content. You may not remove any watermarks, labels or other legal or proprietary notices included in any content.
- ix. Antwak Platform does not infringe the intellectual property rights of any person and in case you come across any infringing IP, you shall immediately without delay report it to the customer care (Helpline no. 080-43233150). You hereby fully understand and agree that your notice of such alleged infringement may be used in court proceedings before any forum in India or beyond that may arise out of relating to the IP infringement which you have reported to us.
- x. The Company respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If You have a reason to believe that any content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- b. identification of the copyrighted work claimed to have been infringed;
- c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- d. contact information, including address, telephone number and an email address;
- e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- f. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
- xi. We have the right to remove the content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
The notices can be sent to the Data Officer in accordance with Clause __ below.
9. THIRD PARTY RIGHT(s)
The user, during his/her usage of the Platform may have access to a link that directs to a third-party website. The user acknowledges that such third-party websites are not controlled by the Company and the usage of such websites may be governed by a different set of policy/terms. The Company may at its discretion disable such third-party links upon review and analysis of the same. The Company hereby disclaims all liability/claim(s) arising from the access or use of such third-party site.
10. AT YOUR RISK
You acknowledge and undertake that you are accessing the Services on the Platform and transacting at your own risk. We shall neither be liable nor responsible for any actions or inactions or breach of conditions, representations or warranties by the business partners of their products/services or any third parties and hereby expressly disclaim all responsibility or liability in that regard. We shall not be at liberty to mediate or resolve any dispute or disagreement between you and business partners or any third parties on the Platform.
11. AGREE TO THIRD PARTY TERMS AND CONDITIONS
12. NO REPRESENTATION OR WARRANTY
- v. You acknowledge that third party services are available on the services. We may have formed partnerships or alliances with some of these third parties from time to time to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services now will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party ’s services.
- i. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for any purpose of any content listed by business partners or any third parties (including product information and/or specifications) on the Platform. While we have taken precautions to avoid inaccuracies in content, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform.
- ii. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content of the Services or delay or errors in functionality of the Services. As a result, we do not represent that the information (post or rating) posted is correct in every case.
- iii. We expressly disclaim all liabilities that may arise because of any unauthorized use of information uploaded on the Platform.
14. UPDATES AND CHANGE IN USAGE POLICY
i. You hereby indemnify us to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
- ii. You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to:
a) your use of and access to the Service including any data or content transmitted or received by you;
- b) your violation or alleged violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above;
- c) any violation of any third-party right;
- d) your violation of any applicable law, rule or regulation;
- e) any personal injury or property damage arising from or relating to your use of the service or any authorized or unauthorized use of your Device or Application; or
- f) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
15. USE OF COMPUTER, MOBILE DEVICE, INTERNET, ETC.
- ii. The Platform shall be updated from time to time and the applicable software/application store (such as Apple Store, Google Play Store, etc.) may provide notice to you regarding the availability of such upgrades or updates and automatically push such upgrade or update to your computer or mobile device from time-to-time. Unless your device or its setting restricts such update/upgrade. You assume full responsibility to access complete and updated information and cannot hold Antwak Platform for not providing the information.
i. You shall be responsible for the use of the Services through your computer or mobile device and for bringing these Terms to the attention of all such persons accessing the services on your computer or mobile device. You understand and agree that the use of the Services do not include the provision of a computer or mobile device or other necessary equipment to access it. You also undertake and acknowledge that the use of the Services requires internet connectivity and telecommunication links, the costs of which you shall bear to access and use our Services, and we shall not under any circumstances whatsoever, be responsible or liable for such costs.
- ii. If the Services are accessed on a mobile device, it is hereby expressly disclaimed that the Company is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation Apple, Google Android or RIM Blackberry (each being an “Operator”). Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator. You and we acknowledge that these Terms are concluded between you and us only, and in no manner involve any Operator.
- iii. You must comply with any applicable third-party terms of agreement when using the Services (e.g. you must ensure that your use of the services is not in violation of your mobile device agreement or any wireless data service agreement).
- iv. You and we acknowledge and agree that the relevant operator and its subsidiaries are third party beneficiaries of their Terms, and that, upon your acceptance of these Terms, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- v. You and we acknowledge that in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, we and not the relevant Operator will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- 16. PROMOTIONAL SMS’s AND OTHER COMMUNICATIONS
• You agree to receive promotional SMSs and e-mails from us and our business partners and for this purpose we can use the contact information submitted by you on the Platform at the time of making an account on the Platform. In case you wish to opt out of receiving promotional SMSs and e-mails, please click here to unsubscribe .
- • You also consent to our using your email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail.
- • Reproduction, sale or trade of any schemes or offers or offer codes is prohibited.
- i. Your access to the Platform may be terminated if:
- a. You voluntarily uninstall the it from your device;
- c. You do not pay the requisite fee, if any, should we charge for use of the Platform.
- ii. We may have to terminate your access to the Platform if:
a. We are required to do so by law (for example, where the access to and/or provision of the Platform to you becomes, unlawful);
b. The third party, if any, with whom we offered the Platform has terminated its relationship with us or ceased to offer the related services to us or to you;
c. The provision of Platform to you, is no longer commercially viable or feasible for us; or
d. You are a repeat infringer of this Agreement.
iv. WAIVER AND SEVERABILITY
- iii. We may terminate this Agreement at any time, with or without notice and may procure disabling your access to the Platform and/or barring you from any future use of the Platform.
iv. You may terminate this Agreement at any time by terminating your access to the Platform. However, your certain obligations under this Agreement shall continue to prevail even on such termination.
v. When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
You hereby expressly release Antwak and/or its affiliates, its officers and representatives from any cost, damage, liability or other consequence of any actions/inactions of the Partners and specifically waive any claims or demands that you may have in this behalf under any statue, contract or otherwise. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We are allowed to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
vi. ENTIRE AGREEMENT
vii. REPORT TO CUSTOMER CARE
If you believe that any content on or advertised for sale on Antwak Platform contains any objectionable content, please notify us immediately by copying the notice to Antwak and sending a signed copy via e-mail or fax to the grievance officer at the customer care:
Grievance Officer: Sudhanshu Shekhar
Customer care email: support@Antwak.com
Ph: 080- 43233147
Address: 657, 17D Main Road, Koramangala Block -6, Bangalore – 560095
Providing false, misleading or inaccurate information to Antwak may result in civil and/or criminal liability under the appropriate laws. You fully understand that your notice may be used in any court proceedings that may arise out of or relating to the objectionable content which you have complained about.
viii. LIMITATION OF LIABILITY
- i. The Company, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors, shall not be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether ANTWAK has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Website / App or Website / App Services.
- ii. ANTWAK ’s total cumulative liability arising from or relating to these terms and conditions shall not exceed the net fees ANTWAK has actually received and retained from your valid transactions during the one (1) month period immediately preceding the date of the claim.
xi. FORCE MAJEURE
- i. You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of any third parties and business partners nor any breach of conditions, representations or warranties by third parties and business partners, and hereby expressly disclaim all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and any third parties.
- ii. We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with us nor shall we have any obligations or liabilities in respect of any transactions on the website.
- iii. The Platform and its Services are directed solely at those who access it from the Republic of India. We make no representation that any goods or services are available or otherwise for use outside the Republic of India. If you choose to access Antwak Platform or its Services from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
- x. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE PLATFORM IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL THE TERMS SPECIFIED IN THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE AGREEMENT SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD PARTY OR ANY OTHER PERSON.
The Company and its officers owners directors, employees and agents, partners, co-branders, licensors, licensee, consultants, or contractors, distributors and service providers shall be relieved of all responsibilities, if any, in the vent of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures, or fluctuations, computer virus attacks, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control or any of the foregoing entities’ respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither we, nor any of the foregoing entities are responsible or liable for (a) any incompatibility between Antwak Platform and any other website, service, software, hardware; or (b) any delays or failures you may experience with any transmissions or transactions relating to the Platform in an accurate or timely manner. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
xii. GOVERNING LAW & DISPUTE RESOLUTION
These Terms will be governed by and interpreted in accordance with the laws of India.