Welcome to the “BeepAgantuk“. The Platform is operated by Emxcel Travel Solutions Private Limited, a company incorporated under the Companies Act, 2013 and rules made thereunder having its registered office at 807, Star Plaza, Nr. Circuit House, Opp. Ravi Hotel, Rajkot-360001, Gujarat, India, to regularly update the Platform.
i. “Platform” means the digital system or digital solution platform which is developed, operated and maintained by the Company through which Users can connect online, wherein the Registered User can avail various services provided by the Business User.
ii. “Business Users” are individuals or any registered business owners or any other entities of genuine category (a) with whom Registered Users can connect online using the Platform or (b) who can provide information or services booked by Registered Users or (c) with whom Registered Users can avail services offered or d) who can generate and provide service related information and services.
iii. “Company” means EMXCEL or Emxcel Travel Solutions Private Limited.
iv. “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
v. “Non-Registered Users” are users who are not registered with the Platform but may access information on the Platform.
vi. “Registered Users” are users who have registered themselves an account on the Platform by providing Emxcel with certain information and who can log on to the Platform by providing their username and password.
vii. “Sensitive Personal Data” includes inter alia information relating to passwords, credit/ debit cards information, biometric information (such as DNA, fingerprints, voice patterns, etc. that are used for authentication purposes), physical, physiological and mental health condition, etc. It is further clarified that any information is freely available or accessible in the public domain is not considered to be sensitive personal data.
viii. “Services” means the services which are provided to the Users.
ix. “Users” means Registered Users, Non-Registered Users and Business Users.
2. USE OF SOFTWARE
2.1The downloadable Software provided by the Company and other information and documentation is protected by the applicable copyright, patent or other intellectual property rights of the Company. Any use of this software is subject to these terms and conditions. The Users are permitted to use the software for their commercial use as per their role associated with the Company. The Company at its sole discretion own and retains all the rights, title and interest associated with the software (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual or industrial property rights). The Users shall not construct or composite another similar product in order to create duplicate of the software or attempt to use or discover any ideas of the Company’s Software.
3. USE OF THE PLATFORM
3.1 Only in accordance with and in keeping with all relevant Indian laws, you can use the Platform and the features offered by the Platform. For any reason that is not intended under this Terms and Conditions, you may not use this Platform or any feature offered by the Platform.
3.2 You will not knowingly use the Platform in any manner that is unlawful or hurts the Company, its directors, staff, associates, distributors, partners, service providers and/or any user of the Platform and/or any information or material found therein.
3.3 You acknowledge that you may receive SMS/emails from the Company on your registered mobile number as part of your registration process, as well as during your use of the Platform. These messages shall relate to your registration, the transactions carried out by you through the Platform and any other details which the Company deems appropriate to your attention. Please note that these SMS/email messages will only be sent by the Company to the mobile number or email ID you provide on the Platform.
3.4 You authorize us to contact you via email or telephone call or sms by using the Platform and/or registering with the Company and to give you services for the product you have selected, to impart product knowledge, to offer promotional offers running on the Platform for these purposes, personally identifiable information may be collected.
4. LIMITATION ON USE
4.1 The Company in its sole discretion deny or remove access to any User of the Services who fails to abide by the Company’s Procedures or who otherwise tampers with or abuses the Software/Platform or utilizes it for illegal, disruptive or other inappropriate purposes.
4.2 You must not:-
- Sell, rent or sub-license materials of Emxcel.
- Exploit information available on Emxcel for a commercial purpose.
- Exploit/ redistribute materials of Emxcel.
- Use of services provided by Emxcel in any way or take any action that causes, or may cause, damage to Emxcel or diminishing of the performance or accessibility of these tools.
- Use of services provided by Emxcel in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- Allow any other person to use your account to access the services provided by Emxcel, unless you have express or written permission to do so.
5. ROLE OF EMXCEL
5.1 EMXCEL role is limited to a) providing a platform for hosting and publishing User Content and Business Users Content b) providing a platform for Registered Users to avail services and Business User’s to provide preliminary and generic information and to avail services by users c) providing a platform for transactions and integration between Registered User and Business Users d) providing a platform to find Business Users based on Registered User’s inputs and Business Users profiles created by Business Users themselves and e) providing a platform for Registered Users to order services.
5.2 The position of the Company is that of an ‘intermediary’ as specified under the Law on Information Technology, 2000 and the rules thereunder. As an intermediary, the Company is not responsible or liable for the material and transactions on the Platform, including any User Content Business Users Content, information provided by Business Users, interactions between, on the one hand, Business Users and, on the other hand, users.
5.3 The Company is under no duty to pre-screen or track User Information or Content for Business Users at any time. The Company can, however, choose to control any User Content or Content of Business Users and to delete any User Content and Content of Business Users from the Platform if the company decides in its sole discretion that such User Content and/or Content of Business Users is in breach of these terms and conditions or any applicable law and best practice. Where the Company removes from the Platform any User Content or Business Users Content, the Company shall make fair efforts to notify Users or Business Users who have posted such User Content or Business Users Content. Such actions do not in any way negate or dilute the role of the Company as an intermediary or place any liability on the Company with regard to the content of users and/or Business Users.
5.4 Where the Company suspects any illegal, unlawful or fraudulent conduct by any Registered User, Lab or Business Users on the Platform, irrespective of any other rights which the Company may have, the Company reserves the right to notify the competent government or law enforcement authorities thereof. In all investigation processes or requests for access/information initiated by any other government or law enforcement agencies, the Company will comply.
5.5 The Company does not support or affect control over any specific brand, services, philosophy, opinion, point of view or position on any subject.
6. REGISTRATION/SIGNUP/LOGIN OF ACCOUNT
6.1 You may register with us by submitting the account registration form along with the required documents and their proofs. You may be required to complete a verification process as part of setting up the account (“Account”).
6.2 To access your account on our portals, you will be asked to log in with your User ID and password, to establish a unique identity for you. You are responsible for maintaining the confidentiality of your password, verification code, and account information. If there is any compromise on your password, you can change your password using the ‘Forgot Password’ functionality.
6.3 You must notify us, in writing, immediately if you become aware of any unauthorized use of your account.
6.4 You also agree to provide true, accurate and complete information about yourself and update them upon any change.
7.1 The Company delivers its users an impeccable custom development solutions and other associated IT services for empowering businesses with digital solutions through its platforms targeting various industries through its business models, Research and analysis, implementations, portals , applications and other service based solutions.
7.2 The Company analyses the current procedures and flow of the organization to gain an understanding of your processes and requirements of the industry targeted.
7.3 The Company formulate the initiation of finalize strategies and solutions to be implemented ensuring there is minimal disruption to the current business operation. Our plans are made systematically and strategically which makes the implementation smooth and effective.
7.4 The Company does not guarantee uniformity and steadiness of the Platforms, which you may avail at your own risk. Any services provided by us may be subject to our discretion, and “we” does not require any permission for the same. We do not represent or warrant that the services or our Platform provided by the company will be error free or uninterrupted.
8. PERSONAL INFORMATION
8.1 We may collect various personal information from you when you use the Platform and or the features provided by the Platform.
8.4 Emxcel may disclose your Personal Information in accordance with applicable law.
9. THIRD-PARTY LINKS
9.1 Our services may contain links to other sites and resources provided by third parties and third parties on our Platform.
9.2 Our hyperlinking policy is available at agantuk.co which sets out links of third parties and links on external Platforms.
9.3 These links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from such Platforms.
9.4 We have no control over the contents of those sites or resources. Company holds no responsibility and do not provide any warranty for the content provided on the Platforms of the third party, its policies and practices.
10. INTELLECTUAL PROPERTY OWNERSHIP
10.1 The Company at its sole discretion retains all the rights, title and interest in the intellectual property of the Platform and any content on the Platform provided by the company (including, but not limited to, all patents, trademarks, copyrights and other intellectual property).
10.2 Our intellectual property policy is available at agantuk.co.
10.3 The User should know that the Platform and mobile application is protected and owned by the Company. Any content, or any source code or any HTML code which is generated by the Company can be copied, reproduced, modified, distributed, transmitted, republished, or displayed by the User for its commercial use with the prior consent of the Company.
11. WARRANTY DISCLAIMER
11.1 THIS SITE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. NEITHER EMXCEL NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE PLATFORM. NEITHER EMXCEL NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT OR BUSINESS USERS CONTENT OR YOUR PERSONALIZATION SETTINGS.
11.2 EMXCEL DISCLAIMS ANY REPRESENTATION AND/OR WARRANTYFOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE PLATFORM AND ITS FEATURES; (II) BUSINESS USERS WHO PROVIDE SERVICES TO A REGISTERED USER OR WHO INTERACTS PRIVATELY (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE PLATFORM (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR BUSINESS USERS CONTENT (V) TRANSMISSIONS OR DATA AND (VI) THE ACCURACY OF ANY CONTENT INCLUDING RESULTS OF SERIVCES OR TESTIMONALS (VII)ANY OTHER MATTER RELATING TO THE PLATFORM AND / OR SERVICES.
11.3 EMXCEL MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE PLATFORM WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
11.4 EMXCEL ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT, SERVICE CONTENT OR BUSINESS USERS CONTENT (AS APPLICABLE) WHICH YOU MAY POST ON THE PLATFORM AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
12. LIMITATION OF LIABILITY
12.1 The Company shall not be liable to the Users for any damages whatsoever, including but not limited to direct, special, indirect, incidental, punitive, or consequential or contingent damages including loss of profits or any payment made thereof or incurred by any other third party due to User’s usage of EMXCEL Services.
13. REPRESENTATION AND WARRANTIES
By Using This Platform You Represent And Warrant That:
13.1 You are 18 years of age or older and that your use of the Platform shall not violate any applicable law or regulation;
13.2 All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;
13.3 You as a Registered or Non-Registered User will use the Platform solely for your personal and non-commercial use. Any use of this Platform or its content other than for personal purposes is prohibited.
13.4 Your use of this Platform shall be subjected to the following restrictions:
i. You will not delete or modify any content of the Platform including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
ii. You will not decompile, reverse engineer, or disassemble the content, or
iii. You will not remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use this Platform in any manner that may be harmful to the operation of this Platform or its content.
13.5 You will not use the Platform and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
13.6 You will not host, display, upload, modify, publish, transmit, update or share any information that —
i. belongs to another person and to which the user does not have any right to;
ii. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
v. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vi. impersonate another person;
vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
viii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
14.1 The User hereby agree to defend, indemnify and hold harmless Company, its directors, personnel and other Users (if applicable) from and against any and all claims, damages, costs and expenses, arising from or related to your access and use of the Platform in violation of these Terms and Conditions or applicable laws.
15. GOVERNING LAW
15.1 The Terms provided herein shall be governed and interpreted as per the applicable laws of India and the Courts of Rajkot, Gujarat, India shall have the sole jurisdiction over the conflict between the parties.
15.2 If the User breach any term of the Terms of Conditions, the Company may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. The Company’s remedies are cumulative and not exclusive.
16. LEGAL DISCLAIMER
16.1 While we ensure that all product information on the platform is complete and accurate, however, we advise you not to solely rely on this information. It is recommended to refer to the product or services information, manual and/or specifications provided by the manufacturer either on their Platform or along with the product.
16.2 This is applicable for all warnings, labels, ingredients, and usage directions as well.
16.3 The use of any information provided on this platform is solely at the user’s risk. Nothing contained on this platform shall be considered as advice.
16.4 Users are advised to contact the manufacturer for any further information and assistance.
17.1 The User is responsible for any and all activities that occur under the User’s account and will be responsible to maintain password to operate account. The User will immediately notify the Company if the User becomes aware of any unauthorised use of the User’s account, the User’s passwords or breach of security known to the User. The Company shall have no liability for any loss or damage arising from the User’s failure to comply with these requirements.
17.2 Our data protection policy is available at agantuk.co.
18.1 The Company reserves the right to terminate, withdraw, suspend, amend, extend, modify, add or remove terms or any part of it at any time without any prior written notice.
19. TECHNICAL SUPPORT
19.1 The Company will provide e-mail address and phone numbers as their support to the Users for the assistance on their Platform.
I, hereby accept the above Terms and Conditions.