AGREEMENT TO TERMS
- All references to “you” or “your”, as applicable, means the person that accesses, uses, and/or participates in the Infano Platform (as defined below) in any manner (“Users”). If you use the Infano Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms and Conditions will be deemed an acceptance by the entity you represent and “you” and “your” herein shall refer to such entity.
- These Terms and Conditions (the“Terms and Conditions”, “Terms”) govern your use of our website infano.care (the “Website”) and our Infano application for mobile and handheld devices (the “App”) and any assignees and permitted licenses thereof. The Website and the App are jointly referred to as the “Infano Platform”. The Infano Platform is currently owned and operated by Berrybird Technologies Private Limited (“Berrybird Technologies”), a company incorporated under the Companies Act, 2013 and having its registered office at BERRYBIRD TECHNOLOGIES PRIVATE LIMITED, S Y. NO.210 KUDLUBUILDERS PVT LTD, E BLOCK, PLOT NO 005, Bangalore, Karnataka 560100, India. “We”, “us”, and “our” herein shall refer to Berrybird Technologies and our associates/partners/successors/permitted assigns.
Please read these Terms and Conditions thoroughly and carefully before you use the Infano Platform as they contain provisions that define your limits, legal rights, and obligations with respect to your participation in the Infano Platform and your use of the services offered by the Infano Platform (such services, collectively called the “Services”).
- Berrybird Technologies reserves the right to modify these terms from time to time at our sole discretion and without any notice. Changes to our Terms and Conditions become effective on the date they are posted and your continued use of the Infano platform after any changes to Terms will signify your agreement to be bound by them.
USE OF PLATFORM AND SERVICES
- Membership Eligibility Criteria
i. You need not register with Berrybird Technologies to simply visit and view the Infano Platform, but to access and participate in certain features of the Infano Platform, you will need to create a password-protected account (“Account”). To create an Account, you must submit your name, mobile number, and/or email address through the Registration page/screen on the Infano Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Berrybird in providing you with a more customized experience when using the Infano Platform. An Account holder is sometimes referred to on the Infano Platform as a “Registered User”.
ii. We reserve the right to suspend or terminate your Account and your access to the Services (i) if any User Content provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other Users or us; and/or (iii) if you are found to be non-compliant with these Terms and Conditions.
iii. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account. You shall notify Berrybird Technologies immediately in case of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without prior consent from Berrybird Technologies. You agree that you will not misrepresent yourself or represent yourself as another User of the Infano Platform. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, Berrybird Technologies or any others as a result of unauthorized use of your Account.
- Use of the Platform
You agree and undertake that you shall not host, post, upload, display, modify, publish, transmit, update or share any information content/material that –
i. belongs to another person and to which you don’t have any right to; copyrighted content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner;
ii. violates/infringes any patent, trademark, trade secret, copyright, or any other proprietary or privacy rights of any third party.
iii. is grossly harmful, blasphemous, paedophilic, false, misleading, unlawful or with the intent to defraud, harass, abuse, intimidate, accuse, impersonate or harm the feelings of anyone; illegal, obscene, pornographic, vulgar, provocative, defamatory, indecent, libelous, hateful, or racially, ethnically objectionable, disparaging, threatening, impersonating another person, enticing/harming of minors in any way, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or publicity rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses is an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality; relating or encouraging money laundering or gambling or otherwise unlawful in any manner.
iv. promotes or provides any instructional information about illegal activities;
v. Upload or post any content/material that contains software viruses or any other computer codes, files or programs that would interrupt, destroy or limit the functionality of this Site/Service or any software, network, servers, hardware or any other related equipment, any computer resource.
vi. violate any applicable laws or regulations for the time being in force.
vii. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
viii. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
- Submission of content
When you submit content to the Infano platform, you simultaneously grant us an irrevocable, worldwide, royalty-free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to us. All remarks, suggestions, comments, or other information that you send to the Infano Platform will not be treated as confidential. You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message or comment or input or view including its legality, reliability, appropriateness, originality, and copyright. However, we retain the right, which we may or may not exercise, in our sole discretion, to review, edit or delete from the Infano Platform any such material which we deem to be illegal, offensive, or otherwise inappropriate. We reserve the right to unpublish or refuse to unpublish anything for any or no reason.
It is possible that other Users (including unauthorized Users or ‘hackers’) may post or transmit offensive or obscene materials on the Infano Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Infano Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Infano Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Infano Platform. Please carefully select the type of information that you publicly disclose or share with others on the Infano Platform.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Infano Platform are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You may not copy, reproduce, republish, upload, post, transmit or distribute materials on the Infano Platform in any way or for any other purpose. Neither may you add, delete, distort or misrepresent any content on the Infano Platform. Any attempts to modify content or to defeat or circumvent any security features are prohibited.
- Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Infano Platform grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
TREATMENT OF USER INFORMATION
Berrybird Technologies reserves the right to release current or past User information that Berrybird Technologies believes is in violation of the Terms and Conditions or used to commit unlawful acts, or if the information is subpoenaed, or a request is received from the law enforcement agencies or court order and/or if Berrybird Technologies deems it necessary and/or appropriate.
THIRD PARTY CONTENT
Third-party links on the Infano Platform may direct you to third-party websites/applications that are not affiliated with Berrybird Technologies. Links to other websites/applications from the Infano Platform do not imply a recommendation for the content found on these sites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party’s policies and practices and make sure you understand them before you engaging with them. Complaints, claims, concerns, or questions regarding third-party services should be directed to the third-party.
Some content on the Infano Platform may be generated by our own team and from our contributors, while other content may be sourced from reliable sources which are duly acknowledged or otherwise permitted under licence.
If you believe that any copyrighted work has been copied and is accessible on the Infano platform in a way that constitutes copyright infringement, please send us a detailed mail with all relevant information, evidence and your contact information to email@example.com. We will verify your assertion and evidence and take steps as may be deemed appropriate.
RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES
- In the event the Infano Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any operator, including, without limitation, Apple, Google, Android (each being an”Operator”).
- Your download, installation, access to or use of the Infano Platform is also bound by the terms and conditions of the Operator.
- You and we acknowledge that these Terms and Conditions are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Infano Platform and the content thereof to the extent specified in these Terms and Conditions.
- The license granted to you for the Infano Platform is limited to a non-transferable license to use the Infano Platform on a mobile device that you own or control and as permitted by these Terms and Conditions.
- We are solely responsible for providing any maintenance and support services with respect to the Infano Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Infano Platform.
- You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Infano Platform or your possession and/or use of the Infano Platform, including, but not limited to:
- any claim that the Infano Platform fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
- You and we acknowledge that, in the event of any third-party claim that the Infano Platform or your use of the Infano Platform infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Infano Platform aims to project accurate, reliable information at all times. However, we do not guarantee, represent or warrant that access to the Infano Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Infano Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Infano Platform or your obtaining any material from, or as a result of using the Infano Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on or the results that may be obtained from the use of the Infano Platform will be correct, accurate or otherwise reliable. We reserve the right to suspend or withdraw access to the Infano Platform to you personally, or to all Users temporarily or permanently at any time without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
In no case shall Berrybird Technologies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Berrybird Technologies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Berrybird Technologies may, at its sole discretion, at any time, assign or transfer or sub contract or purport to assign or transfer or subcontract its obligations under these Terms and Conditions to any other person or entity. However, you shall not assign or transfer or sub contract or purport to assign or transfer or subcontract your obligations under these Terms and Conditions to any other entity or person.
- GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the Infano Platform or these Terms and Conditions, shall be subject to the jurisdiction of the courts at Bangalore, India.
Questions and Concerns about the Terms and Conditions should be sent to us at firstname.lastname@example.org