“Whizkon.com” (“Site”) is operated and maintained by Whizkon Innovations Private Limited (hereinafter referred to as “the Company” or “we” or “us” or “our”).
The terms and conditions contained in the User Agreement along with the policy of the Company on data privacy, cookies etc. shall constitute the terms and conditions of use of the Site (hereinafter referred to as the “Governing Terms”) and constitute a part of the User Agreement.
Please note that anyone accessing or using the Site whether Members, Registered Users, Visitors or Guests shall be bound by the Governing Terms. Please read the Governing Terms carefully before you start accessing or using our Site. All persons or entities who create and maintain an account with us shall be referred to as the “Members” or “Registered Users” and all other persons and entities are referred to as “Visitors” or “Guests”.
If you have an objection to or do not wish to abide by the Governing Terms, you should stop using the Site immediately. Your access and/or use of the Site shall amount to acceptance of the Governing Terms.
1.1 Whizkon.com is, a platform for individuals, professionals, business, entrepreneurs, start-ups and educational institutions and/or establishments, who may be Members or Visitors, (hereinafter referred to as the “User” or “Users” as may be relevant to the context) to connect, share and develop ideas and projects and to share creations and ideas with the public at large. The term Services, wherever, used in the Governing Terms shall mean making available the Site to the Users and include, but not be limited to the following:-
a. The Site provides a platform for the Users to create a profile and/or webpage visible to all with access to the Site;
b. Users may connect with each other and share, exchange, develop or further ideas, concepts or projects with other Users;
c. Users may list the services offered by them in the Yellow Page feature of the Site;
d. Users may interact in private with other Users through the message service on the Site;
e. The Site offers the User with a choice to connect and work with other Users in a separate private group which is accessible by only such Users who are so authorized; or
f. The Site enables the Users to search for, view information of or connect with other Users who may be their alumni, colleagues, employees or employers, depending on the privacy setting of the Users.
1.2 It is specifically understood that the nature and function of the Site is such which is based on the sharing and dissemination of information, ideas and creations between Members and with the public at large. The source of information on the Site are the Users themselves and some of the content available on the Site, may not be found to be appropriate in certain parts of the world. The Company is aware and sensitive towards the beliefs and opinions of Users around the world and the content on the Site does not aim to offend any person and if any such material is found available on the Site, the same is not with the consent or within the knowledge of the Company. If you have a grievance with regard to the content available on the Site, you may address the same to the Grievance Officer as provided under Clause 16, hereunder.
1.3 In accordance with the Indian Majority Act, 1875 and the Indian Contract Act, 1872, the Services provided on the Site are not available to anyone below the age of 18 ("Minimum Age”) or to any users suspended or removed from the system by us for any reason, whatsoever. If you are below the age of 18, your parent or legal guardian must consent to the Governing Terms and affirm that they accept the Governing Terms on your behalf and bear responsibility for your use. If local laws of the country of your access, require that you must be older in order for us to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age. Additionally, Users are prohibited from selling, trading, or otherwise transferring their account to another party.
2. ACCESSING OUR SITE
2.1 Access and use to our Site and/or Services is permitted on a temporary basis. We will not be liable if for any reason our Site and/or Services is/are unavailable at any time or for any period. We reserve the right to withdraw, amend, suspend or terminate, temporarily or for an indefinite period, the Service without notice. 2.2 We shall not be held responsible for technical, hardware or software failures of any kind, lost or unavailable network connections of failed, incomplete, corrupted or delayed computer transmissions which may limit access and/or use of the Site and/or Service. 2.3 You are responsible for making all arrangements necessary for you to be able to access our Site. You are also responsible for ensuring that all persons who access our Site through your IP address or Whizkon account or display name or password are aware of the Governing Terms, and that they comply with them.
3. MEMBERSHIP AND USER INFORMATION
3.1 In the course of your use of the Site, you may be asked to provide personal information to us (hereinafter referred to as “User Information”). Our information collection and usage policies with respect to such User Information are set forth in the Site’s Governing Terms. You acknowledge and agree that you are solely responsible for the content and accuracy of the User Information.
3.2 You may become a Member by creating an account with a username and password to access and use the services and content provided herein. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the User Agreement.
3.3 You agree to
(a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. We have the right to disable your account, at any time, if in our opinion you have failed to comply with any of the provisions of Governing Terms. From time to time, we may restrict access to some parts of our Site, or our entire site, to users who have registered with us or are only visiting our Site. 3.4 We are hereby authorized to use the information and data provided by you and by other Members or available on your account or on the account of other Members, to make recommendations for connections, content and/or features that maybe useful to you.
4. NOTICES, NOTIFICATIONS AND MESSAGES
4.1 By using and accessing the Site and the Services, you hereby permit us to send notices, notifications and messages to you through our website and your contact information, electronically or otherwise. If your contact information is out of date, you may miss out on important notices and messages. You agree to keep your contact information up to date and any loss or liability, arising out of your failure to do the same, whether intentional or not, shall not be attributable to nor shall it lead to any liability, of whatsoever nature, against the Company and in favour of you, yourself or any third party.
4.2 You may choose to change your settings to and control the messages and notifications you receive from us.
5. SHARING INFORMATION AND DATA
5.1 Our Services allow messaging and sharing of information in many ways, such as your profile, slide decks, links to news articles, job postings and blogs. Information and content that you share or post may be seen by other Members, Visitors or others with access to the Site. Where we have made settings available, we will abide by the choices you make about who can see content or information. For job searching activities, our default setting is to not notify your connections, network or the public regarding the same. If you apply for a job through our Service or opt to signal that you are interested in a job, our default setting is to share it only with the respective job poster.
5.2 We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
6. LICENCE OF YOUR CONTENT
6.1 In this Agreement “Shared Content” means all work and materials, including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts and files, that you submit to us for storage or publication on processing by or transmission via our Site.
6.2 You understand that the nature of the Site and the Services provided is such that, in order for us to satisfactorily provide the Services, it is essential for us to collect and store data, knowledge and information that you provide and share with us and therefore, you hereby grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute the Shared Content on or in relation to our Site. You hereby wave all moral rights, to the maximum extent permitted under the applicable laws. Without prejudice to our other rights under the Governing Terms, if you breach any provision of the Governing Terms or the applicable laws, in any form or manner or if we reasonably suspect that you are in breach of the Governing Terms or the applicable laws, we may delete, unpublish or edit any or all of your content.
6.3 You agree to only provide and/or publish content or information that is not in violation of the applicable laws or anyone’s rights, including but not limited to intellectual property rights. You agree that the information provided by you shall be truthful.
6.4 You further understand and agree that the data and information that you share on the Site, may be accessed from anywhere in the world. You, therefore, undertake that you will not intentionally post or share anything on the Site that may be or may be construed to be:
a. inconsiderate or disrespectful of anyone’s background, believes or opinions;
b. hate speech, in any form or manner;
c. Disparaging or an attack on an individual or group based on race, gender, religion, nationality, ethnicity, political group, sexual orientation or any other similar characteristic;
d. Bullying or harassment of an individual or group based on race, gender, religion, nationality, ethnicity, political group, sexual orientation or any other similar characteristic;
e. Threatening or advocating violence, including self-harm.
7. LINKS FROM OUR SITE AND OTHER CONTENT
7.1 Your use of others’ content and information posted on our Site is at your own risk.
7.2 Others may offer their own products and services through our Site/Services, and we shall not responsible for those third-party activities.
7.3 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content and information provided on those sites. Links to other sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites and we accept no responsibility for them or for any loss or damage that may arise from your use of them. No website may be linked to this Site or its pages without our prior written consent.
7.4 By using the Site/Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We do not review the content provided by our Members or others. You agree that we are not responsible such content or information whether pertaining to a User or a third party. We cannot always prevent misuse of our Site/Services, and you acknowledge the same and agree that we are not responsible for any such misuse. You also acknowledge and undertake the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news.
7.5 You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your Whizkon account, that app or site can access information with the Company related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Whizkon Innovations Private Limited is not responsible for these other sites and apps – use these at your own risk. Please review our Privacy Statement.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All intellectual property and database rights, in our Site, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, software (including code, user and visual interface and website structure), look and feel, design and compilation thereof (“Material”) are owned by the Company, unless otherwise expressly indicated.
8.2 You agree that you are permitted to use this Material and/or content only as set out in the Governing Terms or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such Material or content. You may not remove any copyright or other proprietary notices from any Materials on our Site. You may view this Site and print hard copies and may download extracts, of any page(s) from our Site solely for your lawful, personal and non-commercial use.
8.3 Except as provided in the Governing Terms, the use of this Site does not grant you any right, title, interest or license to any such intellectual property that you may access on this Site. Any unauthorized use of the contents on this Site may subject you to civil or criminal penalties.
8.4 The status of the Company (and that of any identified contributors) as the holders of rights in the Materials on our Site must always be acknowledged.
8.5 You must not use any part of the Materials on our Site for commercial purposes without obtaining a licence to do so from us.
8.6 If you print, copy or download any part of our Site in breach of the Governing Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.
8.7 We respect the intellectual property of others. In case you feel that your intellectual property has been infringed, you can write to us at email@example.com
9. OUR LIABILITY
9.1 The material displayed on our site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and our affiliates hereby expressly exclude:
a. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
b. To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from or through this Site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage.
9.2 In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the Governing Terms or use of the Site or Services, exceed, in the aggregate, Rs. 5,000 (Rupees Five Thousand Only) or twice the amount paid by you to the Company for use or access to the Site and Service, if any, whichever is higher.
10. CODE OF CONDUCT
10.1 You undertake that while using our Site and Services, you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information to us and keep it updated;
c. Use your real name on your profile; and
d. Use the Services in a professional manner.
10.2 You also undertake that while using our Site and Services, you will not:
a. Create a false identity on the Site, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
b. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent;
c. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
d. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
e. Imply or state that you are affiliated with or endorsed by Whizkon without our express consent;
f. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our express consent;
g. Use bots or other automated methods to access the Site or Services, the server on which our Site is stored or any server, computer, database connected to our Site or the accounts of other Users of the Services;
h. Monitor the Services’ availability, performance or functionality for any competitive purpose;
i. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
j. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
k. Introduce or post any malicious code or information or data containing malicious code on the Site;
l. Attack our Site via a denial-of-service attack or a distributed denial-of service attack;
m. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; and/or
n. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
10.3 You undertake to report the occurrence of any such activity to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and all other information about you, available with us, to them. In the event of such a breach, your right to use our Site will cease immediately.
11.1 You agree that we may, with or without cause, immediately terminate your account and access to our Services without prior notice. Without limiting the foregoing, the following will lead to a termination by us of a Member’s account:
a. breaches or violations of the Governing Terms;
b. requests, directions and/or orders by any law enforcement or other government or statutory authorities;
c. a request by you (self-initiated account deletions);
d. unexpected technical issues or problems; and
e. extended periods of inactivity.
11.2 Termination of your account may include removal of access to the Services and may also bar you from further use of this Site. Furthermore, you agree that all terminations shall be made at our sole discretion and that we shall not be liable to you nor any third-party for any termination of your account or access to the Site or Services.
12. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside.
13.1 You hereby indemnify us against any loss, damage or cost incurred by us arising out of your use of our Site, the Services or any information accessible over or through our Site, including information obtained from linked sites, our submission or transmission of information or material on or through our Site or your violation of the Governing Terms or other applicable laws, regulations and rules. You also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights, including but not limited to, claims in respect of defamation, libel, slander, invasion of privacy, breach of confidence and infringement of any intellectual property right. We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defenses.
13.2 You agree to indemnify and hold the Company, harmless from and against any breach by you of the Governing Terms and any claim or demand brought against the Company by any third party arising out of your use or access of this Site, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Company in consequence of your breach of the Governing Terms.
13.3 If any of the terms and conditions of the Governing Terms should be determined to be invalid, illegal or unenforceable for any reason, by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14. DISPUTE RESOLUTION AND GOVERNING LAW
14.1 Arbitration You understand and agree that any and all claims that may arise out of or relating to this User Agreement and/or the Governing Terms shall be submitted to arbitration, in accordance with the Arbitration and Conciliation Act, 1996 and the rules made thereunder. The arbitration proceedings shall be conducted by a sole arbitrator appointed by the Company. The arbitration proceedings shall take place in Delhi and shall be conducted in English. The arbitration award shall be final and binding on the parties therein, who shall be bound thereby and act accordingly. The costs of arbitration shall be borne by the Party as designated in the arbitration award.
14.2 Governing Laws These terms and conditions of the Governing Terms and any matter relating to this Site or the Services shall be construed in accordance with the laws of India and you hereby submit to the exclusive jurisdiction of the courts in New Delhi, India. To the extent that a software is accessible through this Site, such software may be subject to export, re-export and/or import controls imposed by India or any other jurisdiction and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which India has placed an embargo or which is subject to relevant export restrictions 14.2 You acknowledge that if you use this Site from any country other than India, you shall be responsible for compliance with all the applicable local laws. The Company makes no representation that the material contained within this website is appropriate for countries other than India.
15. ENTIRE AGREEMENT
15.1 All terms and conditions that are part of the Governing Terms, constitute the entire agreement between you and us in relation to your use of our Site and Services and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software or other downloadable technology is expressly made available to you through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Governing Terms shall not constitute a waiver of such right or provision.
15.2 If any provisions of the Governing Terms are found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the particular provision(s), and the other provisions shall remain in full force and effect.
16. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Rupesh Bhatt Second Floor,
Khasra No.275/175, Gali No-1-A,
Landmark - Near Mother Dairy,
North Delhi, Delhi, 110084