These Terms & Conditions (“Terms”) for the use of [Chek Chek] (“Application”) are between Clarity Authentication Systems Private Limited (“Company”) and you, the user. These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

Please read the Terms and the privacy policy (please provide link to the privacy policy) of the Company (“Privacy Policy”) regarding the use of the Application carefully before using this Application or any services through the Application. In the event of any discrepancy between the Terms and any other policies with respect to the use of the Application, the provisions of the Terms shall prevail.

Your use of the Application or the services thereunder shall signify your acceptance and your agreement to be legally bound by the same.

If you do not agree with the Terms or the Privacy Policy, please do not use the Application or avail the services provided by this Application.

• 1. All information, content and material, including but not limited to the software, information, text, images and graphics contained in the Application and the services are copyrighted and/or lawful property of the Company or the concerned third party, as the case may be. All trademarks, services marks, trade names and other intellectual property are proprietary to the Company. You further understand that "Chek Chek" is a registered trademark owned by the Company. This trademark may not be used in any manner without the prior written consent of the Company. No information, content or material from the Application and services may be copied, uploaded, posted, downloaded, reproduced, modified, republished, transmitted or distributed in any manner whatsoever without obtaining the prior written consent of the Company and nothing on this Application shall be deemed to confer a license or any other right , interest or title to you in any of the intellectual property rights belonging to the Company.
• 2. User Account: You will be required to create an account, if you wish to avail the services offered on the Application. In order to access the services and to avail the use of the Application, you shall register yourself and maintain an account with the Application. You will be required to furnish certain information and details, such as your name, mobile number, e-mail address, residential address, payment information (credit/debit card details) if required, and any other information as maybe required.

  • • It is your sole responsibility to ensure that information provided by you is accurate, complete and latest.

  • • The account information provided may be shared by the Company with any third party for its internal record keeping purposes, internal procedures and to enable them to inform you about any schemes, offers, discounts etc.

  • • Upon completing the registration process, you can start availing the services offered on the Application immediately. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to (a) ensure that you successfully log out from your account; and (b) immediately notify the Company of any unauthorized use of your account. If there is reason to believe that there is likely to be a breach of security or misuse of the your account, we may request you to change the password or we may suspend your account without any liability to the Company, for such period of time as we deem appropriate on a case by case basis. The Company shall not be liable for any loss or damage arising from your failure to comply with this provision.

  • • You acknowledge that your ability to use your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to you at any time for any damages arising from your inability to log into your account and access the services on the Application.

• 3. Termination of Your Account:

  • The Company may in its sole discretion and without prior notice, terminate your access to the Application if it determines that you have violated these Terms. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws. You acknowledge that any violation could result in irreparable harm to the Company and monetary damages may be an inadequate remedy to rectify such harm.

• 4. Your use of the Application and its services is solely for your personal and non-commercial use. Any use of this Application or its content other than for personal purposes is prohibited. Your personal and non-commercial use of this Application and / or our services shall be subjected to the following restrictions:
  i. You may not decompile, reverse engineer, or disassemble the contents of the Application and / or our products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application.
  ii. You will not (a) use this Application or any of the services for commercial purposes of any kind, or
  (b) advertise or sell the Application or any services (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind,
  or (c) use the Application and and services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
  

  • Further, you shall be permitted to perform any of the following prohibited activities:
  
  a) Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  b) Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
  c) Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  d) Interfering with any other person's use or enjoyment of the Application;
  e) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
  f) Make available any content or material that you do not have a right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;
  g) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  h) Use any of the Company’s domain names;
  i) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application;
  j) Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other users without their consent;
  k) Access or use the Application in any manner that could damage, disable, overburden or impair any of the Application’s servers or the networks connected to any of the servers on which the Application is hosted;
  l) Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application, violate any requirements, procedures, policies or regulations of networks connected to the Application, or engage in any activity prohibited by these Terms;
  m) Disrupt or interfere with the security of, or otherwise cause harm to, the Application, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application or any affiliated or linked sites;
  n) Interfere with, or inhibit any user from using and enjoying access to the Application, or the services, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application;
  o) Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application, to access, acquire, copy or monitor any portion of the Application, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application;
  p) Alter or modify any part of the services;
  q) Use the services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
  r) Violate any of the terms specified under the Terms for the use of the Application. Any violation of the terms of this Clause may result in immediate suspension or termination of your account apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose your personally identifiable information if required by any Governmental or legal authority.
  You acknowledge and agree that by accessing or using the Application, you agree to indemnify and hold the Company, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Application or any loss/damage that is caused to the Application/the Company as a result of your committing any of the aforesaid prohibited activities.
  The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the services as it deems fit at any time without notice. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Application.

• 5. In no event will the Company be liable for damages of any kind, including without limitation, (1) indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage, loss of information), or (2) direct damages in excess of the amount paid to the Company for the service, arising out of the use of, misuse of or inability to use, or errors, omissions or other inaccuracies in the Application and / or services, or any information provided on the Application.

• 6. The Company may also contact you through sms, email and call to give notifications on various important updates. Therefore, you agree to hold the Company non-liable to any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do not Call (DNC) database.

• 7. In the event of breach of these Terms or any unlawful/unauthorized use of the Application, you shall be liable to indemnify the Company for all the costs, losses and damages caused to the Company as a result of such a breach/usage. Further, you agree that the Company will be irreparably harmed and will not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.

• 8. The Company or any of its partners do not have any means to spy or monitor your activities on your network. The root certificate can be requested from customercare@claritysystemsinc.com for any validation if required.

• 9. The services offered on the Application are not available to all those individuals who are not qualified to enter into a contract as per the Indian Contract Act, 1872. By using the Application, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, and any changes thereto by regular updates of any such information; (c) you are over 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms; and (c) You shall use the Application or such other services provided under the Application only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
  The Company reserves the right to grant or refuse usage of the services available on the Application. It can also terminate the usage by an existent user of the Application without assigning any reason.
  The Application does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification.

• 10. The Company may disclose your personally identifiable information to government or law enforcement officials or private parties that We, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes, to protect the property and rights of the Company or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally fraudulent activity. We may also provide your personal information to various regulatory authorities upon any demand or request from them. Further, We may provide your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy of the Company.

• 11. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Application, the Terms, any transactions entered into on or through the Application or the relationship between you and the Company shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore.

• 12. General Provisions:

  • • Notice: All notices served by the Company shall be provided via email to your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to [•].

    • Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between the Company and you with respect to your access to or use of the Application and the services thereof.

    • Assignment: You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking your consent.

    • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

    • Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

    • Relationship: You acknowledge that your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the Company.

    • The Company provides these Terms on the Application so that you are aware of the terms that apply to tour use of the Application. You acknowledge that, the Company has given you a reasonable opportunity to review these Terms and that you have agreed to them.

• 13. Feedback:

  • • Any feedback you provide regarding Application shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of you or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Company may already have a similar feedback; and (iv) you are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.

  • • Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive.

• 14. Customer Care: We make all best endeavors to provide you with a pleasant experience. In the unlikely event that you face any issues, please contact us at customercare@claritysystemsinc.com.

• 15. Disclaimer: All information available on this Application along with the services provided by the Company are on an ‘as is’ and ‘as available’ basis and the Company makes no guarantee or warranty of any kind in regard to the same. All information pertaining to each candidate provided on the Application is provided by the university and the Company makes no warranties regarding the completeness or accuracy of the information. You are advised to exercise discretion and also conduct separate checks if needed. Further, the Company does not endorse any candidate nor shall the information be perceived as a recommendation or reference for any candidate.