It is requested that you read and understand the following terms & conditions. We work out of Indian Aviator, New Delhi, India, and the United Kingdom. This page states the Terms and Conditions under which you (Visitor) may visit this Web site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. Indian Aviator, any of its business divisions and/or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions because they are binding on all users of this Web Site.
ELIGIBILITY CLAUSE
In order to use or access this platform, you must be competent to enter into a contract under applicable laws. You must have the authority to agree to these Terms and Conditions and must not be subject to or a party to any arrangement, agreement or law which prevents or restricts you from participating on the platform within the country where you use the platform, or from offering your services on the platform.
1. ELECTRONIC COMMUNICATION
When you visit Indian Aviator or send e-mails to us, you are communicating with us electronically. By communicating with us, you give your consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
2. ACCEPTABLE USAGE OF WEBSITE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Web site, overloading, “flooding”, “mailbombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and/or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offense or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
You agree and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under the law. You are solely responsible for the content of any comments you make. Indian Aviator does not solicit information from you for hosting on the website. Any information you send is sent by you voluntarily and so Indian Aviator is not liable to pay you any consideration for hosting the information sent.
(C)Content usage Rules
Users are permitted to read, print, or download text, data, and/or graphics from the site, for their personal and non-commercial use only. Any copies of these pages saved to disk or to any other storage medium can only be used for subsequent viewing purposes or to print extracts for personal use and should include Indian Aviator’s logo or any other form of identification, giving appropriate credits to Indian Aviator.
You may not integrate Indian Aviator’s service into another internet/extranet except through our permission in writing from our customer relations department. Unauthorized access, redistribution, transmission, and/or dealing with any information contained in this site, re-production in any other manner, either in whole or in part, is strictly prohibited, failing which strict legal action will be initiated against such users. You may not use automated scripts, software, spiders, or any other automated means to perform searches on Indian Aviator. Any attempt to extract or download significant amounts of data from Indian Aviator or to compile a database from data obtained from Indian Aviator is strictly forbidden. Please send an email to info@indianaviator.in for more information about such access. You are only entitled to use the information provided on Indian Aviator’s service in responsible ways and this information may not be used in any malicious, illegal, or anti-social activity. We reserve the right to suspend any accounts where a user has supplied Indian Aviator with false information.
(D) Licensing
General: Indian Aviator grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express wrote consent of Indian Aviator.
No license for commercial sale: This license does not include any resale or commercial use of this website or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools.
No reproduction: This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express wrote consent of Indian Aviator
No framing: You may not frame or utilize framing technologies to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Indian Aviator without them expressing written consent.
Metatags: You may not use any metatags or any other ‘hidden text’ utilizing Indian Aviator’s name or trademarks without the express written consent of Indian Aviator. Any unauthorized use terminates the services offered by Indian Aviator and will lead to strict legal action.
3. LINKS TO/FROM OTHER WEBSITES
This Web site contains links to other Web Sites. These links are provided solely as a convenience to you. Wherever such link(s) lead to sites that do not belong to Indian Aviator and/or its associate entities, Indian Aviator is not responsible for the content of linked sites and does not make any representations regarding the correctness or accuracy of the content on such Web Sites.
Indian Aviator does not own the contents of the linked website and solely provides references for your convenience.
If you decide to access such linked Websites, you do so at your own risk.
Similarly, Indian Aviator can be made accessible through a link created by other Websites. Access to this Web site through such link(s) shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other Web sites or their aim or purpose in establishing such link(s) to this Web site are necessarily the same or similar to the idea, concept, aim or purpose of our web site or that such links have been authorized by Indian Aviator and/or its associate entities. We are not responsible for any representation(s) of such other Web sites while affording such link and no liability can arise upon Indian Aviator and/or its associate entities consequent to such representation, its correctness, or accuracy. In the event that any link(s) afforded by any other Website(s) are derogatory in nature to the objectives, aims, purposes, ideas, and concepts of this Web site is utilized to visit this Web site and such event is brought to the notice or is within the knowledge of Indian Aviator and/or its associate entities, civil or criminal remedies as may be appropriate shall be invoked.
4. Amendments/Modification of Terms of Use
Indian Aviator reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the changes associated with the User of the Services and changes on account of legal and/or statutory amendments. The Visitor is responsible for regularly reviewing these terms and conditions and is advised to regularly check for any amendments or updates to the terms and conditions contained and/or the Agreement. All amendments become effective immediately upon our posting to the Site.
5. BREACH
Without limiting other remedies, Indian Aviator shall remove and disable all such content on the Site; may limit the Users’ activity, immediately remove or end the Users listing, warn other Users and immediately temporarily/indefinitely suspend or terminate the User’s membership, and/or refuse to provide the User with access to the Site if:
- User displays any information, data which is illegal or prohibited by any law for the time being in force including but not limited to the Illegal/Prohibited Content;
- User is in breach of the User Agreement or the documents it incorporates by reference; Indian Aviator is unable to verify or authenticate any information the User provides;
- It is believed that the User actions may cause legal liability for the User, other Users or the Company;
- A User puts any material into the Site systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming or similar routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
- A User is unable to produce, when asked for by the Company, a certified copy of a consent, license, approval, permission, or similar certification requisite for goods and/or services a User proposes to Host/has Hosted on the Site;
- Any money payable by the User to the Company are not paid on the due date; or
- A complaint is received by the Company from another User or a third party and necessary action to resolve the complaint is not taken within 10 (ten) days by such User.
Indian Aviator may at any time at its sole discretion reinstate suspended Users. User(s) that has been indefinitely suspended may not register or attempt to register with Company or use the Site in any manner whatsoever until such time that such User is reinstated by Company. Notwithstanding the foregoing, if the User breaches the Agreement or the documents it incorporates by reference, Company reserves the right to recover any amounts due and owing by the User to Company and to take strict legal action including but not limited to initiating criminal proceedings against the User in this regard.
6. CONFIDENTIALITY
All information and data submitted and/or Hosted by the User shall become the property of Indian Aviator. Except for disclosures of the nature set forth herein including in Clause 1 of the Privacy Policy, Indian Aviator shall not release any such data and information without the prior consent of the User.
The User has access to only his own data and information stored in the database at Indian Aviator (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time provided the terms and conditions and this Agreement are complied with.
All confidential information (including name, e-mail address, etc.) voluntarily revealed by the User in Member areas, is done at the sole discretion and risk of the User. If such information is collected by a third party using the Site and misused or results in unsolicited messages from such third parties, then such actions are beyond the control of Indian Aviator and Indian Aviator accepts no responsibility or liability whatsoever for such actions.
Indian Aviator does not require a User to disclose to its employees and/or other User’s any Sensitive Personal/Confidential Information on the Site.
The User is cautioned not to reveal any Sensitive Personal/Confidential Information to third parties on the Site.
7. INTELLECTUAL PROPERTY RIGHTS
All copyright and/or know-how and/or any other intellectual property rights in relation to any of the Services of Indian Aviator shall become and remain the sole and exclusive property of Indian Aviator and the User shall have no claim to the same. In the event the User has contributed to any content in any manner whatsoever on the Site, all intellectual property rights to the same shall become the absolute property of Indian Aviator, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of Indian Aviator and Indian Aviator shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.
8.LIMITATION OF LIABILITY
In no event shall Indian Aviator be liable for:
any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Indian Aviator has been advised of the possibility of such damages) arising out of or in connection with the Site, its Services or this Agreement (however arising, including negligence); and/or
any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer telecommunications or any other equipment failures, electrical power failures, strike, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals or non-performance of third parties or other force majeure condition.
Indian Aviator, its associates, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Site or that the operation of the Site will be error-free and/or uninterrupted. All such warranties, representations, conditions, and undertakings are hereby excluded.
User(s) acknowledge that inability to use the website wholly or partially for whatever reasons may have an adverse effect on its business. Indian Aviator assumes no liability whatsoever for any monetary or other damage suffered by the User including on account of any one or more of the following:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or the Services;
The use or inability to use the Site or the Services;
Any interruption or errors in the operation of the Site or the Services;
Any unauthorized access by third parties (or User’s) to data or sensitive Personal Data/Information or other private information of a User;
Any false, misleading, or incorrect data or information Hosted on Site by a User or false misleading or incorrect statements or conduct of a User;
Any violation of third party rights or claims or demands whatsoever in relation to the products or Services Hosted on the Site;
Any matters relating to Services and/or the Site however arising, including negligence.
9. INDEMNITY CLAUSE
The User admits and acknowledges that:-
Indian Aviator cannot take responsibility or control the information provided by the Users, which is made available on the Website as Indian Aviator has provided information, display of the products of the User on its Website in good faith and solely based on representations of the User, which Indian Aviator has no reason to disbelieve.
The User shall be solely and exclusively responsible in respect of all or any liability arising out of any sale of any product/services and/or consequent to any display of any product or its description and features as Indian Aviator has only provided the link to the User and nothing more.
Indian Aviator in no way may be held liable for User-provided information that may turn out to be offensive, harmful, inconsistent, inaccurate, or deceptive.
Indian Aviator has no obligation to monitor the information, products, and/or materials posted on the Website Indian Aviator although Indian Aviator shall at its sole discretion and without assigning any reason whatsoever shall have the right to remove or edit any content or information that in its sole discretion violates or is alleged to violate, any applicable law, rules or regulations or the spirit or letter of these Terms of Use. Notwithstanding this right, the User remains solely responsible for the content, information, product, service, or materials uploaded on the Website of Indian Aviator.
The User has represented that it has all rights in the products and service and the content provided on the Website of Indian Aviator in respect of the products or service does not and shall not infringe any applicable law, rules, or regulations and does not infringe the trademark, copyright and/or the patents or any other proprietary or any other rights of any third party in the said product or service and such product, service or its content does not contain libelous, tortious, or any unlawful information in any manner whatsoever.
Indian Aviator has the right to advise the prospective guest/client to exercise caution and display a disclaimer in respect of the fact that Indian Aviator has no liability of any kind or nature whatsoever and is not promoting or endorsing any product or service.
The User further hereby indemnifies and keeps Indian Aviator and its owners, managers, employees, representatives, associates, and/or any other persons in day to day charge and management of the Company harmless and indemnified against any costs, damages, liabilities, or other consequence of any of the actions taken by any person in respect of any product or service sold or displayed and/or in respect of any contents of the said product including on account of any of the factors mentioned in the foregoing subparagraph (a) to (f) above.
The User further undertakes that if Indian Aviator were to incur any cost/loss/penalty etc. on account of any act or deed of the User or their clients in relation to the display or sale of any product or its contents etc. then the User shall indemnify Indian Aviator and its owners, managers, officers, employees, representatives and/or any other persons in day to day charge and management of Indian Aviator indemnified and harmless against any such cost/loss penalty, etc.
The User further undertakes that if Indian Aviator is made a party to any of the litigation by any person or in any proceeding initiated by any Government agencies then the User shall indemnify Indian Aviator and its owners, managers, officers, employees, representatives, and/or any other persons in day to day charge and management of Indian Aviator in respect of any cost or expenses incurred in defending any such action and the User shall without demur reimburse the cost, expenses to Indian Aviator as is demanded by Indian Aviator from the User.
10. CONTENT POLICY
Indian Aviator tries to generate accurate content as per regulations valid at a time but does not take responsibility for the authenticity of the content generated and the same cannot be used against Indian Aviator in the court of law. The content available on the platform is for the assistance of the user and should only be used for knowledge and not as an official source of information.
11. THIRD-PARTY CONTENT, SITES, AND SERVICES
The Site and content available through the Service may contain features and functionalities that may link or provide the User with access to third-party content which is completely independent of the Site, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
User’s interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the User and such organizations and/or individuals. The User should make whatever investigation is necessary or appropriate before proceeding with any online transaction with any of these third parties.
The User agrees that Indian Aviator shall not be held responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between Users and any third party, the User understands and agrees that Indian Aviator is under no obligation to become involved. In the event that the User has a dispute with one or more other Users, the User hereby releases Indian Aviator, its owners, officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service(s).
Indian Aviator has established relationships with third parties to offer Users the benefit of other products and services which Indian Aviator does not offer. Indian Aviator offers the User access to the third parties website(s) through the use of hyperlinks to their sites from the Site. In some cases, Users may be required to submit information for purposes of registering or applying for products or services provided by such third parties or co-branded partners. The User terms and privacy policy of such third parties may differ from ours, and Indian Aviator does not have any control over the information that a user may choose to submit to such third parties or co-branded sites. Indian Aviator, therefore, encourages all User(s) to read the third party usage terms and conditions and privacy and other policies policy before responding to any offers, products, or services provided by such other parties and/or using their Website(s). Indian Aviator does not endorse or otherwise accept responsibility for the content or privacy or other policy of such co-branded third party Site.
Indian Aviator offers promotions to the User on the Site & also puts efforts into promoting clients & their offered products/services on various popular search engines. Results of promotion on search engines are never guaranteed and it takes considerable time and effort for any results to appear on any search engine. Similarly, any search result appearing on any search engine cannot be removed/withdrawn immediately, it gets removed periodically as per the policy of a search engine on which Indian Aviator or its owners has no control. Every User must immediately advise Indian Aviator about any Illegal/Prohibited or other such content that appearing on the Site for appropriate legal action.
Indian Aviator works with the principle of serving clients with the best possible & prompt services. However, it is important to note that to make any change requested by Users the Company needs a minimum of 24 – 48 business hours on best efforts basis to deliver the same as per User requirement unless otherwise stated.
12. GRIEVANCE REDRESSAL
For any complaints and grievances, Users may contact us at info@indianaviator.in
All complaints to Indian Aviator shall be made giving a detailed description of the complaint/grievance of the User.
Indian Aviator shall redress all complaints within one (1) month from the date of receipt of the complaint.
13. ARBITRATION CLAUSE FOR DISPUTE
Any dispute or difference of any nature whatsoever arising out of or in relation to this Agreement including in respect of the indemnity clause of this Agreement shall be finally decided by a Sole Arbitrator to be nominated by the owners of Indian Aviator (hereinafter referred to as “the nominating authority”). The Sole Arbitrator so appointed by the nominating authority shall be a practicing Advocate of not less than 5 years in practice or a retired judge of the High Court. The User shall not be entitled to raise any objection to any such Sole Arbitrator appointed by the nominating authority on any ground whatsoever. The arbitration shall be held in accordance with the provisions of the Arbitration & Conciliation Act, 1996 or any other applicable law at the relevant point of time. The language of the arbitration shall be English and the award rendered in arbitration shall be a reasoned award in writing and shall be conclusive and binding on the parties. The venue of arbitration shall be in New Delhi, India.