INNOCAPTURE CONSULTING SERVICES PRIVATE LIMITED incorporated under the Companies Act,2013 having its registered office at 331, C-22, Rajgarh Colony, New Delhi-110031, India, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to Your privacy with regard to the protection of your invaluable information. This document contains information about the Website www.innocapture.com hereinafter collectively referred to as the “Platform”).
For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
The Company provides consulting services in the fields of Technology Research, Innovation Support, Intellectual Property, and related Software Solutions with the objective of enabling its clients to realize their maximum business potential. The Company supports their global clients through various Innovation, Intellectual Property and Software solutions to help them grow and become market leaders. The Company acts as a Mentor and coach, Intellectual Property consultant and/or Industry collaborator, depending on the needs of the Client. Through the Platform the Company intends to provide information about themselves to the Users, enable them to register on the Platform or provide their details on the contact section in order to facilitate Users who want to avail the services of the Company to connect with them. In addition to this the Platform will also have blogs on various areas on which the Company provides consultation services, which aims at creating awareness towards those areas and providing informed opinions on the same.
a. Registration is not mandatory for all Users of the platform; however, they may register themselves on the Platform and provide information about themselves and the services they require, in order to enable the Company to connect with them and facilitate discussions for availing the Company’s services;
b. Registration for this Platform is available only to those above the age of Eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Platform as a User, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Platform or availing any of its Services.
c. The Registration and use of the Platform are presently free but charges can be levied on the same any time in future and the same shall be at the discretion of the Company.
d. Further, at any time during Your use of this Platform, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. 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, whether or not you have authorized such activities or actions. You will immediately notify us of any herein below use of your account.
a. The User has to be of sound mind and must be capable of making informed decisions after referring to the guides on the website.
b. In the event of a minor accessing the website, it would be the responsibility of his immediate guardian to monitor the minor’s use, the platform or the Company will not be liable for any consequences.
a. All the Content displayed including but not limited to the illustrations, photographs and write-ups on the Platform is created by the Company and is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
b. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
c. The Users are solely responsible for the integrity, authenticity, quality and genuineness of the feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
d. The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Firm.
The Users undertake to indemnify the Platform and keep it indemnified against all proceedings, claims, expenses, and liabilities whatsoever which may be taken or made against or incurred by the Platform or by reasons of the premises for any comments, feedback or any other form of content created by them, which has been published by the Company on the Platform.
a. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
b. A User may terminate their use of the Services and the Platform at any time.
c. The Company may terminate these Terms without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
d. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
e. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
f. The Company and its members reserve the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
g. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
a. By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receive calls, e-mails or SMS from the Company or any of its representatives at any time.
b. Users can report to the Company any grievances or suggestions that they have through e-mail to info@innocapture.com, if they find any discrepancy with regard to the information generated on the Platform, the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time that is taken for investigation.
c. The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any services of the Company availed by the User or anything pursuant thereto and the Users agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.
a. Registration on the Platform is free of cost at present. However, in case of availing any paid services on the Platform, the Customer shall pay an amount for the services availed through the Platform directly to the Firm in any of the prescribed modes of Payment Methods
b. The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. Additional processing charge would be levied on the payments made based on the current payment gateway fees or any similar fees that could arise and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
c. The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions. The Online Payment Gateways may be changed at any point of time at the sole discretion of the Platform. Any change in information with regard to the third-party payment gateway will be updated on the Platform by the Firm.
d. The User can seek refund of payment only in accordance with the refund and cancellation policy practiced by the Company.
e. The Company will not be liable for any credit or debit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, the Firm regularly monitors transactions for fraudulent activity. In the event of detecting any suspicious activity, the Company reserves the right to cancel all past, pending and future orders without any liability.
f. The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. The Company, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the User having exceeded the preset limit mutually agreed between the User and their banker.
The User agrees and acknowledges that they are a restricted user of this Platform and that they:
Further:
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s Content which includes but is not limited to trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, illustrations, photographs, write-ups save and other distinctive brand features according to the provisions of these Terms.
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
a. It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
i. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
ii. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by sending an e-mail to info@innocapture.com
a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at info@innocapture.com