1. What is this document?
a) Airbuk website "www.airbuk.in" (henceforth referred to as the "Website"),
b) Airbuk, a cloud-based shopping portal whether accessed or used from the Website or from a mobile application (available on any platform) ("Airbuk"),
c) Any services or products provided by the Website, emails, and other communications, user accounts, services, any other products or services offered on the Website, and any other services that state they are governed by these Terms (collectively the "Services").
(ii) You must be 18 (eighteen) years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to Airbuk that you are 18 (eighteen) years of age or older and that you have the right, authority and capacity to use the Services and agree to and abide by this Agreement. If You are using the Services on behalf of another organization or entity ("Organization"), then You are agreeing to be bound by the Agreement on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to this Agreement. In that case, "You" and "Your" refers to you and the concerned Organization.
(iii) The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
a) The Indian Contract Act, 1872;
b) The (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules (“SPI Rules”), 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“ISG Rules”);
c) Consumer Protection Act, 1986.
(iv) Airbuk authorizes you to view and access the content available on the Services (including the use of the Website and Airbuk) solely to get an inside look at products, selling, buying receiving, delivering and communicating only as per this Agreement. The contents of the Services, including but not limited to, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website or any of the other Services (collectively, "Airbuk Content"), are the property of Airbuk and are protected under copyright, trademark and other laws. You shall not modify the Airbuk Content or reproduce, display, publicly perform, distribute, or otherwise use the Airbuk Content in any way for any public or commercial purpose or for personal gain.
3. Cookies Information
When You visit the Airbuk Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters to Your computer that uniquely identifies your browser. Airbuk uses both session cookies and persistent cookies. A persistent cookie remains after You close Your browser. Persistent cookies may be used by Your browser on subsequent visits to the Website. Persistent cookies can be removed by following Your web browser help file directions. A session cookie is temporary and disappears after You close Your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Website may not function properly if the ability to accept cookies is disabled.
4. Intellectual property
(ii) You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Airbuk.
5. Third Party Intellectual Property
Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the distributors of such products as may be applicable.
6. Third Party Rights
7. Availability of the Website and Modifications
(i) The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality
(ii) Airbuk accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
(iii) Airbuk reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms of shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
(iv) No Waiver: In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
8. No Warranty
Airbuk makes no warranty, express or implied, including without limitation with respect to the Airbuk software platform, the chat platform, the communication, messages, and other services, and expressly disclaims the warranties or conditions of non-infringement, merchantability, and fitness for any particular purpose. To the extent messages, ideas, files, advertisements, links, storage & communication are shared across Airbuk chat platform, Airbuk (including its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties) shall not have any liability in connection with the display of such messages, links and decisions taken based on the messages shared across or in connection with Airbuk.
9. No Liability
You understand that Airbuk platform is merely a tool that may be used by you as an additional means of helping you to manage the tasks. Furthermore, Airbuk does not in any way warrant or represent that the usage of the Airbuk platform is sufficient for meeting these obligations. Airbuk shall take no liability for your or any other employees' failure(s) to meet these obligations independently. The sole responsibility for meeting all the corporate, statutory and legal obligations rests with You. You shall be responsible for making all backups of the file storage and usage data as may be required under the law or smooth functioning of your business, and no failure of the Airbuk' platform or Airbuk shall transfer any of this responsibility to Airbuk.
10. Program Participation
Your use of the Airbuk platform is generally subject to Airbuk' prior approval (which requirement may be waived by Airbuk at its sole discretion), and is always subject to termination without prior notice by Airbuk at any time, for reasons that include (but are not limited to) fraud, negligence and default on Your part. You agree that Airbuk may through the Airbuk Platform serve, display and project third party and/or Airbuk.
You agree that Airbuk may use Your name and logo in presentations, marketing materials, customer lists, and financial reports. You may not use Airbuk' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features without prior written consent.
12. Third-Party Information
Information provided by users through the Airbuk Services (including but not restricted to the Airbuk task management system, chat and any other ancillary Services) may contain links to third-party websites that are not owned or controlled by Airbuk. Airbuk has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Airbuk will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Airbuk shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
13. User Status Submissions
Airbuk allows You to submit status text, photos and other communications submitted by you, as well as any automatic submissions (collectively, the "Status Submissions"). These Status Submissions may be hosted, shared, and/or published as part of the Airbuk Service, and may be visible to other users of the Service who are in your contact list and which you have not expressly blocked. You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Airbuk is only acting as an intermediary, user submitted statuses do not necessarily represent the views or opinions of Airbuk, and Airbuk makes no guarantees as to the validity, accuracy or legal status of any submissions. You also hereby grant each of your contacts on Airbuk Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the Airbuk Service
14. Content Disclaimer
You further understand that when using the Airbuk Service, you will be exposed to content and Status Submissions from a variety of sources and that Airbuk is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and that such content is not the responsibility of Airbuk. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Airbuk with respect thereto, and agree to indemnify and hold Airbuk, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Airbuk Service, including chat and other shared content.
15. Use of Services
(i) You hereby agree that You shall not at any time
a) permit multiple end-users to access the Services using shared login credentials (i.e., a shared email address and password),
b) use the Services other than in accordance with
• the instructions or documentation Airbuk may provide from time to time,
• applicable laws and
• clause 15 of this Agreement.
(ii) You may not access the Services if you are a direct competitor of Airbuk, except with Airbuk' prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes unless you are authorized to do so by Airbuk.
(iii) Airbuk shall provide You basic support for the Services at no additional charge and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for
a) planned downtime (of which Airbuk shall give at least 8 (eight) hours' notice via the Services or
b) any unavailability caused by circumstances beyond Airbuk' reasonable control, including without limitation, acts of God, pandemic, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays or disruption of the Services due to any illegal hacking. Further, Airbuk disclaims all liabilities in the event its servers are illegally hacked, disrupted, or compromised in any manner and Airbuk shall not be held responsible for any loss of information (including sensitive personal data or information under the SPI Rules).
(iv) Airbuk may, at its sole discretion, suspend your ability to use or access the Services (or a part of the Services) at any time while Airbuk investigates complaints or alleged violations of this Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict you from using the Services if Airbuk, in its opinion, feels that you are misusing the Services in any manner whatsoever.
(v) Airbuk has the right to edit your profiles to make it more suitable for the Website or the Airbuk mobile application. If you find any wrong information on the Website about You, You can contact Airbuk immediately for such corrections. However, Airbuk shall have no liability or responsibility in this regard.
(vi) Airbuk may, at any time and without having to serve any prior notice to You,
a) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit,
b) change any promotion period, free trial period, grace period (by whatever name it is called) and
(i) As mandated by Regulation 3(2) of the IG Rules, Airbuk hereby informs You that then You are not permitted to host, display, upload, modify, publish, transmit, update or share any information that -
a) belongs to another person and to which You do not have any right;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonate or defame another person;
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) 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 cognisable offence or prevents investigation of any offence or is insulting to any other nation.
(ii) You are also prohibited from:
a) violating or attempting to violate the integrity or security of the Website or any Airbuk Content;
b) transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Airbuk;
c) intentionally submitting to the Website any incomplete, false or inaccurate information;
d) making any unsolicited communications to other users of the Services;
e) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
f) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
g) copying or duplicating in any manner any of the Airbuk Content or other information available from the Website; and
h) framing or hotlinking or deep linking any Airbuk Content.
(iii) Airbuk, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned Clause 15(ii) above, shall be entitled to disable such information that is in contravention of Clause 15(ii). Airbuk shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
(iv) Airbuk may disclose or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit Airbuk to transfer Sensitive Personal Data or Information under the SPI Rules including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Airbuk as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Airbuk or any person on its behalf and the user or where you have consented to data transfer.
(v) You agree not to disclose, duplicate, publish, disseminate, release, transfer or otherwise make available Airbuk' Confidential Information in any form to, or for the use or benefit of, any person or entity without Airbuk' prior written consent. "Confidential Information" means any of Airbuk' financial, technical, or business information that Airbuk designates as confidential at the time it discloses it to You, or that you reasonably should understand to be confidential based on the nature of the information or the circumstances surrounding its disclosure. Further,
a) the specific features of the Services,
b) the documentation Airbuk provides to you in connection with the Services, and
c) information provided by other users of the Services shall be deemed to be "Confidential Information" and shall be treated in a manner provided in this Clause 3(v).
(vi) You also represent and warrant that You will comply with any and all applicable import and export control laws or customs laws in Your local jurisdiction. You also represent and warrant that
(i) neither You nor the subject of Your transaction (i.e., Airbuk’s Items) is the subject of the United States or other country’s embargo, or that it has been designated by the United States Government as a “terrorist supporting” country and that
(ii) You are not listed on any United States Government or any other country’s list of prohibited or restricted parties.
17. Use of Your Content
(i) Subject to the provisions contained in the Agreement, you shall retain all right, title and interest in the content and data you enter or otherwise submit to the Services ("Content"). You represent and warrant to us that you own all rights or otherwise have obtained all licenses, consents or permissions necessary to submit the Content to the Services, and you agree not to submit Content that infringes or misappropriates the intellectual property rights or other proprietary rights of any third parties, including their rights of privacy and publicity.
(ii) You hereby provide Airbuk with a perpetual, non-exclusive, royalty-free, worldwide license to the Content that you provide in connection with the Services. Accordingly, Airbuk shall have the right to use, modify, distribute, reformat, display and make it available for download.
(iii) Your Content may include comments or other Content you post on discussion boards or in other public communities or forums that Airbuk maintains on the Website and Services ("Community Content"). You hereby grant Airbuk a perpetual, irrevocable, royalty-free, worldwide license to:
a) display, distribute, reproduce, reformat, make available for download, modify and use Community Content, and
b) Sub license these rights to other users of the Websites and Services.
18. Subscription & Taxes
(i) You hereby agree to pay all subscription fees, order fees and other fees applicable to Your usage of the Services and You shall not circumvent the fee structure in any manner. The fee is a monthly subscription and does not depend on the actual usage of the Services. The subscription fee is non-refundable.
(ii) You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Airbuk is in no way responsible for any of the taxes except for its own income tax.
(iii) The fees could be paid online through the facility made on the Website. Third parties' support and services are required to process online fee payment. Airbuk is not responsible for any additional costs, loss or damage caused to You during this process as these third parties are beyond the control of Airbuk. Further, you agree and adhere to the terms and conditions of the concerned online portal, if applicable.
(iv) All fees for the usage of the Services are exclusive of taxes. Currently, Goods and Service Tax (18 per cent) is levied on every acquisition of the Services. This rate may change from time to time as per notifications of the concerned government departments. Further, there may be other taxes, duties and other government instituted levies applicable to our services. You hereby agree to bear service tax at the rate in existence at the time being and any other such levies as mentioned above in addition to the fees for usage of the Services.
(v) The payment process would be considered to be complete only on receipt of the amount to Airbuk' designated bank account. Fees not received within the specified due dates attract late charges of 18% (eighteen per cent) per annum from the due date of payment, which may be levied at Airbuk' sole discretion.
(vi) Airbuk reserves the right to modify the fee structure by providing a 30 (thirty) days' prior notice, either by notice on the Website or through email to You (on the email address registered with Airbuk), which shall be considered as valid and agreed communication.
(viii) In case of non-payment of fees for a continuous period of 3 (three) months or whenever decided from time to time by Airbuk., Airbuk reserves the right to discontinue the Services and delete your account, apart from resorting to any legal recourse available. Airbuk also reserves the right to modify this term as and when it deems fit.
19. Collection, Use, Storage and Transfer of Personal Information
(ii) You shall not hold Airbuk responsible or liable in any way for any disclosures by Airbuk under Regulation 6 of the SPI Rules.
(iii) The Services provided by Airbuk or any of its licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Airbuk does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services.
(iv) Airbuk does not verify any Content or information provided by you while using the Services and to the fullest extent permitted by law, disclaims all liability arising out of your use or reliance upon the Website, the Services, and the Airbuk Content.
(v) The Website may be linked to the website of third parties, affiliates and business partners. Airbuk has no control over, and shall not be liable for the content, accuracy, validity, reliability, or quality of such websites. Inclusion of any link on the Website does not imply that Airbuk endorses the linked site. You may use the links and these services at your own risk.
(vi) Airbuk assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to/use of, the Services or the downloading of any material, data, text, images, video content, or audio content from the Website or any of the Services.
(vii) In no event, including but not limited to negligence, shall Airbuk, or any of its directors, officers, employees, agents or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to:
a) the use of, or the inability to use, the Services or the content, materials and functions related thereto,
b) your provision of information via the Services, or
c) lost business or lost sales, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of You or another person on or through the Website unless otherwise provided in this Agreement.
(i) You hereby agree to indemnify and hold harmless Airbuk, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from
a) your access to or use of Services,
b) violation of the Agreement,
c) infringement, or infringement by any other user of your account,
d) infringement of any intellectual property or other rights of any person or entity.
(ii) Airbuk will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
22. Term, Termination and Disputes
(i) This Agreement will remain in full force and effect while you are a user of the Services in any form or capacity.
(ii) You may terminate your arrangement with Airbuk under this Agreement at any time by providing 30 (thirty) days' prior written notice to firstname.lastname@example.org Airbuk shall discontinue your account, only after verifying if there are any ongoing or pending Services or payments. Airbuk may want you to continue until the completion of an on-going Service should the situation warrant.
(iii) You shall be obligated to pay Airbuk for any and all Services that you would have procured till the date of termination of the Agreement.
(iv) Airbuk reserves the right to terminate any account in the following cases:
b) Airbuk is unable to verify or authenticate any information provided to Airbuk by you, or
c) Airbuk believes in its sole discretion that your actions may cause legal liability for the other users of the Services or for Airbuk or are contrary to the interests of Airbuk.
(v) Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Services under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, you shall no longer have access to data, messages, files and other material kept on the Website or on any other application hosted by Airbuk.
(vi) Upon your request or within 30 (thirty) days after the effective date of termination of Services under this Agreement, Airbuk will make available to you (for download) a copy of your data. After a period of 30 (thirty) days after the termination of the Services subscription, Airbuk shall have no obligation to maintain or provide any of your data and shall thereafter, unless legally prohibited, delete all your data in its systems or otherwise in its possession or under its control.
(vii) Airbuk reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Content from the Website and immediate termination of your account with or without enabling you to access the Website and the other Services, upon any breach of this Agreement or if Airbuk is unable to verify or authenticate any information you submit to Airbuk, or if you fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Airbuk to provide the Services to you.
(viii) This Agreement and any contractual obligation between Airbuk and yourself will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Bangalore (Karnataka).
(ix) All disputes will be subject to arbitration at Bangalore (Karnataka) in English by a single arbitrator appointed by Airbuk under the Arbitration and Conciliation Act, 1996.
(x) Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution and Confidentiality shall continue and survive termination.
23. Severability & Waiver Contact Information
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
24. Contact Information
(i) If you have any question, issue, complaint regarding any of our Services, please contact our customer service at email@example.com
(ii) If you have any questions concerning Airbuk, the Website, this Agreement, or anything related to any of the foregoing, Airbuk can be reached at the following email address: firstname.lastname@example.org or via the contact information available at the following hyperlink: www.airbuk.com
Updated 08 October 2020