TERMS OF USE

Last updated on: 02 February 2023.

This document is an electronic record in the form of an electronic contract published in compliance with and governed by the provisions of the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines, and clarifications framed thereunder, including, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “Security Practices Rules”), The Information Technology (Intermediaries Guidelines) Rules, 2011 (the “Intermediaries Rules”) and the amended provisions of electronic documents/records in various statutes as amended by the Information Technology Act, 2000. This agreement is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed under the provisions of rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy, and user agreement for access or usage of the website and/or the software application.

Please read these terms carefully before using or registering on the platform and/or the software application or accessing any material, information, or services through the platform and/or the software application. By clicking the acceptance button accessing, or using any part of the service, the user expressly agrees to and consents to be bound by all of the terms. If the User(as defined herein) does not agree to all of the terms, the User will not be able to access the services provided herein.

 

INTRODUCTION:

•  The Platform (as defined below) including but not limited to all software application, websites, tools, content, material, trademarks, services marks, trade names, and trade secrets, software, text, images, graphics, video, script and audio, designs, text, graphics, images, information, audio and other files, and their selection and arrangement is owned by Technogro Analytics LLP (operating in the brand name “Solution Theory”), a Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008 with its registered office at Flat no 4, Building No.66, Krishna Residency, 4th Cross,10th Main, Gururaja Layout, BSK 3rd Stage, Bangalore-560085. (hereinafter referred to as “we”, “us”, “Entity” or “our”).
• These Terms of Use (“Terms”) available  along with the Privacy Policy available on the website, and the other policies, sets out the terms and conditions on which the services through the website www.solutiontheory.in and the corresponding applications or softwares collectively known as the “Platform”. By making a booking on the Platform or using or accessing the Platform or any part of the same, you acknowledge that you accept these Terms and you agree to be bound by them. If you do not accept them, you should not use the Platform and the services provided through it.

• For the purpose of these Terms, wherever the context so requires “you”, “your” os “User(s)” shall mean any natural or legal person or any legal entity who accesses the Platform or avails any of the Services (as defined below) that are offered herein.

• This Platform provides the User with access to information and materials about us. These materials may include information related to certain services provided through the Platform and contests, promotions, or sweepstakes offered by us. The Platform also contains a description of the services provided,  information, materials, text, graphics, photographs, illustrations, videos, displays, images, audio, music, button icons, data compilations, files, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (collectively with all information and material about us and the services we provide “Content”).

• In addition to the foregoing, the User hereby acknowledges there are several proprietary logos, service marks, and trademarks displayed on the Platform, as may be applicable. We do not grant the User a license, right, or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content will violate the applicable law.

• These Terms may be changed, modified, supplemented, or updated from time to time without advance notice by posting here, and the User will be bound by any such changed, modified, supplemented, or updated Terms if you continue to use this Platform after such changes are posted. Unless otherwise indicated, any new Content and Services added to this Platform will also be subject to these Terms effective upon the date of any such addition. The User is encouraged to review these Terms periodically for updates and changes. 

ACCESS TO PLATFORM:

• The Platform offered by us seeks to be: (1) a one-stop platform that brings together hotels and corporates who intend to make room, group and banquet reservations in the hotels registered on the Platform for their employees, clients, customers, etc. and provide an expense management solution for corporates with features like ‘Out of Policy Bookings’ and smart GST Tagging and (2) a web-based and mobile-based software application to manage and facilitate in-house services and call activity management, room reservations management and banquet booking management (“Products”). The Products offer subscription-based and commission-based technology solutions to make hotel reservations, customize the user’s requirements with the use of the Platform, and cater to the approval mechanism for making the reservations within the User’s organization and payment mechanism. The Platform would facilitate Users including the hotels registered on the Platform and the corporates that seek to make reservations, interact with each other. The Platform would also provide Subscription-based technology to facilitate in-house services and reservations handling software for Users including hotels and their guests visiting the hotels.

• The Platform facilitates:

  • the exchange of information and ease of completing the hotel reservation process. Any contract for services will be a bipartite contract between the relevant Users (as the case may be), which may include the registered hotel and the registered corporates. The Platform is provided to the User to enable them to connect and provide ease in the financial transactions with respect to the reservations, travel expense management and smart GST tagging.
  • Placing food orders, requesting in-house services, escalation management, banquet bookings management and tracking, room booking management and tracking, providing analytics and reports.
• It is to be noted that our sole and exclusive role is that of a facilitator and shall in no event be treated as a party to any agreement or the actual contract, containing the terms agreed upon by the Users, that may have been executed online or offline, without our involvement.
• These Terms apply to all the Users of our Services. We can broadly classify our Users into two different categories:
  • Subscriber: The subscribers to any of the Products or Services belonging to us and are made available to the User through our Platform. The Service features and functionalities available to the Subscribers are determined by the specific terms agreed to between us and the User. The Subscribers would include:
    •  Entrepreneurs, business owners, promoters who subscribe to our Services (“Corporate”).
    • Authorized employees of the Corporate or the Hotel who have subscribed to the Services through the Account (as defined below) of the Corporate.
    • Hotels which are registered or subscribed for our Services (“Hotels”).
    • Authorized employees of the Hotel who have subscribed to the Services through the Account (as defined below) of the Hotel.
    • Authorized guests of the Hotel who have been given access to the Platform through the Account (as defined below) of the Hotel.
  •  Visitors to the Platform can be individuals who are simply browsing the Platform but who do not use the Service.
•  License: Subject to these Terms, we hereby grant the Users who have subscribed to the Services, a limited, revocable, non-exclusive, and non-transferable right to use the Platform on a compatible device to use the subscribed services (as may be applicable) provided on our Platform.

MEMBERSHIP ELIGIBILITY:

The services are available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Services. If you are a minor i.e., under the age of 18 years, you may use the Platform or access content herein only under the supervision and prior consent/ permission of a parent or legal guardian.

SERVICES:

We shall provide User with electronic access, through User’s computer or other electronic devices (collectively “Computer”), of the services, including but not limited
to approving/rejecting travel booking requests from corporate employees, facilitating folio uploads by corporate employees, trip expense management including
approve/reject out-of policy booking requests from corporate employees, browse hotels, facilitating online room, group, and banquet bookings among hotels and corporates, check-in, check out, submit and view folios, create/modify your profile, role-wise access management, and create and manage reservations or request products and services such as concierge, valet, housekeeping or in-room dining and manage requests raised from guests at hotels, escalation mechanism for service request raised, and provide reports and analytics for users, subscription-based technology solutions to make hotel reservations, customize the user’s requirements with the use of the Platform, caters to the approval mechanism for making the reservations within the User’s organization and payment mechanism and sending of notifications to the relevant parties to the transaction; It is our sole and absolute discretion to cancel or change any or all the Services or registration instructions in any manner whatsoever at any time or introduce additional Services from time to time, upon printed or electronic notice.

USER ACCOUNT AND REGISTRATION OBLIGATIONS:

• We make the services available to the Users through the Platform only if the Users have subscribed to the relevant services (as per the agreed commercial and operational terms) and provided us with certain required User information, including the registered office address, details of key management person(s), company information, employee details, and any other details as specified on the Platform (“User Information”) and created an account (“Account”) through a login ID and password, (collectively, “Account Information”). The services may also be subject to other terms and conditions, such as procedures for use of the Platform, and successful completion of the account registration. The foregoing details will be displayed separately on the dashboard as and when required. Users may at any time check if the User Information provided by them is correct and current. Users may review and update this information at any time by logging into their Account. Users can also change their passwords and other details related to their profile by logging into their Account. Upon creation of the Account, Users may also create new sub-Users accounts that would be linked to the Account and can be accessed by the employees, directors, customers, or any other person who has been authorized to use the Account.
• As and when we request, the User shall submit details of all the statutory approvals, licenses, and other registration(s) obtained by the User for the conduct of its business along with self-attested copies of approvals, license, or registration certificates(s).

SUBSCRIPTION PLANS AND TERMS:

• Towards availing of the services, you shall be required to choose from the various subscription plans (“Subscription Plans”) made available by us and make payment of applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Subscription Plan (“Subscription Fee”). We may add new Subscription Plans or may proactively amend fees/charges for existing Subscription Plans, at any time at our sole discretion. The User shall remit the requisite Subscription Fees to us in the manner as stated in Clause 7 (Subscription Fees terms, Processing of payment and taxes) below.
• Please go through the Subscription Plans and these Terms carefully before you decide to avail of the Subscription Plans facilitated by us on the Platform.
• By availing the Subscription Plans, you signify your acceptance of these Terms and the Privacy Policy.
• The Subscription Plan subscribed by you will be valid for the period as per the Subscription Plan details commencing from the date of the subscription (“Term”). After the expiry of the Term, you may negotiate for a different Subscription Plan or renew your existing subscription, on such terms that are valid and subsisting as on the date of subscription or renewal. The benefits under the Subscription Plan cannot be carried forward after the expiry of the Term.
• The User agrees that the User will not engage in any activity that interferes with or disrupts the Subscription Plans (or the servers and networks which are connected to the Subscription Plans).
• The User agrees that the User is solely responsible for (and that we have no responsibility to you or any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
• The User shall indemnify us for any claims, losses, or damages, or the costs of any regulatory or court proceedings suffered by us as a result of the User’s breach under any applicable law.
• The User expressly acknowledges and agrees that your use of the Subscription Plans is at your sole risk and that the Subscription Plans are provided “as is” and “as available”.  The User agrees that these Terms and the Subscription Plans are subject to any
• modification or may be removed by us, as a result of a change in government regulations, policies and local laws as applicable.
• The User agrees and understands that the User is responsible for maintaining the confidentiality of passwords associated with any login you use to access the Platform.
• The User’s use of each Subscription Plan confers upon you only the rights and obligations relating to such services related to such Subscription Plans, and not to any other Subscription Plans or service that may be provided by us.
• We may restrict, suspend or terminate the account of any user who abuses or misuses the Subscription Plan. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms, or any other behaviour that we, in our sole discretion, deem contrary to its purpose. In addition, and without limiting the foregoing, we may terminate accounts of users who, in our sole discretion, are deemed to be repeat infringers of any of these Terms even after being warned by us.

SUBSCRIPTION FEES TERMS, PROCESSING OF PAYMENT AND TAXES:

• Upon finalizing the Subscription Plan the User wishes to avail, payments of the Subscription Fees in lieu of such plan shall be made prior to availing the Services. Upon the expiry of the relevant Subscription Plan, you may either renew the existing plan or opt for any other Subscription Plan offered by us.
• In order to process the payment towards Subscription Fees, we may hire the services of third party payment gateway service providers and such service providers shall require details of your bank account, credit/debit card number and other such financial information. The Users are directed to check the Privacy Policy on how the confidential information provided by you shall be used.
• All financial transactions made in connection with the Service, will be processed by payment gateway/third party service providers in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage the User to learn about the practices of such third parties. In no event will we be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
• Subscription Fees shall be calculated solely based on records maintained by us or our third party billing provider. No other information of any kind shall be acceptable by us or have any effect under these Terms. Our decision shall be final and binding in relation to any Subscription Fees payable by you.
• We will not be liable to the User or to any third party for any modification, suspension, or discontinuance of the Subscription Plans, or parts thereof.
• The Subscription Fees are non-transferable and the payment for a particular Subscription Plan cannot be transferred or carried over to another Subscription Plan.
• While availing any of the payment method/s available on the Platform, we will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you, due to:
  • lack of authorization for any transaction(s), or
  • exceeding the present limit mutually agreed between yourself and the bank(s), or any payment issues arising out of the transaction, or
  • decline of transaction for any other reason(s) whatsoever.

• All payments made against the Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform shall not facilitate transactions with respect to any other form of currency with respect to the transactions made on the Platform except in accordance with our existing billing policies.

• The User shall independently obtain tax advice (direct and indirect) and promptly pay, all taxes of any kind (including but not limited to sales and service taxes, as may be applicable) associated with these Terms or your receipt of the Services.
• The User shall not be entitled to claim any refunds towards the amounts paid in lieu of the Subscription Fees already paid under any Subscription Plan irrespective of whether the User avail the Services during the term of such subscription or not.
• We reserve the right to impose limits on the number of transactions or payments which we may receive from an individual’s valid credit/debit/cash card/valid bank account and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment by an user during any time period, and reserve the right to refuse to process transactions exceeding such limit.
• We reserve the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by the User with us, or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
• We may conduct background checks as we deem fit before approving the receipt of any user’s commitment to pay payments, for security or other reasons at our sole discretion. As a result of such a check, if we are not satisfied with the credibility of any user or genuineness of the transaction, we will have the right to reject such user’s commitment to making payments.
• We acknowledge that we will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a  transaction/payments or any delay in processing a transaction, which is beyond our control.
• User agrees that the billing credentials provided by you for purchase of the Subscription Plans from us will be accurate and the User shall not use billing credentials that are not lawfully owned by the User.

INTERACTION BETWEEN USERS:

• We strive to collect, compile and share authentic and accurate User information. We may also conduct verification of such information through an external third party. However, we do not guarantee or endorse the authenticity of the information provided by any User. Users are advised to independently verify and confirm the veracity of information pertaining to or provided by another User on the Platform.
• Users are solely and exclusively responsible for all the transactions that may take place on the Platform. The User understands that the Platform is only a medium that facilitates the transactions, including any payments made towards the completion of the transaction. In the event of a dispute arising in such a transaction, the User agrees to release and indemnify us(including all our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses, and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. In the event the User intends to cancel any of the reservations made with the hotels registered on the Platform after payments for the same have been made, the same shall be subject to the cancelation policy of the concerned hotel. Any payments with respect to such cancelations shall be processed by the Platform after the Platform has received the same from the hotel.
• Users agree that they will not use the Platform to send junk mail, chain letters, or spam, or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature.
• We reserve the right to add or modify or discontinue any of the features offered on the Platform with a service with respect to any particular User or in general.
• Any negotiations and/or issues regarding a query/assignment for any transaction between the Users can be escalated to us to help identify a solution, only in relation to any issues or discrepancies that may arise on the Platform that is provided as Services herein.

• At any time if we believe that the Services are being utilized by the User in contravention of the terms and provisions of these Terms, we shall have the right to
  forthwith remove/ block/ close the Account of the User and furnish such details about the User upon a request received from the legal/statutory authorities or under a court order.
• Nothing contained on the Platform creates any contract or right of action against us. It is offered solely as a service to Users and we make no warranties, express or implied, regarding the information contained on the Platform, including the User Information shared with Users.
• The Entity, its agents, employees, third-party content suppliers, content managers, and related persons and entities are hereby released from all refunds or warranties, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the services.
• The Platform and all the services provided to the User are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, we do not represent or warrant that:
  • The Platform will be constantly available, or available at all; or
  • The information on the Platform is complete, true, accurate, or non – misleading.
• We do not guarantee and are not responsible for any non-performance or breach of any contract entered into between Users via the Platform, including but not limited to:
  • Non-fulfillment of any contract between the User(s), for any reason whatsoever;
  • Cancellation of the work assignment/work order/purchase order/ contract/agreement by any of the User after accepting the quote provided by the client or
    its Users, as may be applicable;
  • Non-payment of any of the dues, due and payable by any of the User(s);
  • Any dispute over incorrect / deficient / mediocre / unsatisfactory / detrimental services provided by the Hotel.
  • Any dispute between Users for any damages or injury (including death) caused by, derived from, or associated with the Users’ transaction with each other.

• User agrees, undertakes, and confirms that its use of the Platform shall be strictly governed by the following binding principles contained herein below. User shall not host, display, upload, modify, publish, transmit, update or share any information that:
  • belongs to another person and to which User does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethnically
    objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • is misleading in any way;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
  • promotes an illegal or unauthorized copy of another Person’s copyrighted work, such as providing pirated computer programs or links to them, providing
    information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or
    providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult);

  • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  • solicits gambling or engages in any gambling activity which us, in its sole discretion, believes is or could be construed as being illegal;
  • interferes with another User’s use and enjoyment of the Platform;
  • refers to any Platform or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that
    would be prohibited or violates the letter or spirit of these Terms;
  • harm minors in any way;
  • infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or fraudulent;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ User’s about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonates another person;
  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere
    with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
  • threatens the unity, integrity, defense, security or sovereignty of India, India’s 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;

  • directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the
    provisions of any applicable law, rule, regulation, or guideline for the time being in force;

  • creates any liability on us or causes us to lose (in whole or part) the services of its internet service provider (“ISPs”) or other suppliers.
• Users are requested to report any violations of this policy at grievances@solutiontheory.in
• User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve its right to bar any such activity.
• User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
• Users shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other User, including any account on the Platform not owned by the User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s information, as provided for by the Platform.
• User shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us, or otherwise
  engage in any conduct or action that might tarnish our image or reputation, or otherwise tarnish or dilute our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. User agrees that he/she will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our system or network, or any system or network connected to us.

• User agrees not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.

• Users may not forge headers or otherwise manipulate identifiers to disguise the origin or transmittal of any message the User sends to us on or through the Platform or any service offered on or through the Platform. Users may not pretend that he/she is, or that he/she represents someone else, or impersonate any other individual or entity.
• Users may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes our rights or that of others.
• User shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules, and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations regarding the User’s use of Services and User’s solicitation of offers to obtain services.
• It shall be a violation of these Terms to use any information obtained from the Platform to harass, abuse, or harm another person, or to contact, advertise to, solicit, to another person other than us without our prior explicit consent.
• The User understands that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or response to a lawful court order or summons. Besides, we can (and the User hereby expressly authorizes us to) disclose any information about the User to law enforcement or other government officials in accordance to the law and including but not limited to the Information Technology(Procedure and Safeguards for Interception, Monitoring, and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law that may be necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
• The User acknowledges that we are required to report cybersecurity incidents related information with appropriate authority and relevant data in connection therewith, which report may include data of the Users and their activities on the Platform.
• User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
• It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that the User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about the User due to its use of the Platform, and that the recipient may use such information to harass or injure the User. We do not approve of such unauthorized uses, but by using the Platform the User acknowledges and agrees that we are not responsible for the use of any personal information that the User publicly discloses or shares with others on the Platform. Users are advised to carefully select the type of information that they publicly disclose or share with others on the Platform.
• The User acknowledges that our role is limited to providing access to the Platform, over which information is made available by third parties. We do not initiate the transmission of such information either does it select the receiver or modify the information contained in such information.
• Any software that is available on the Platform or generally created or duly licensed by us for the purposes of provision of Services is our property or that of our vendors, the Users may not use, download or install any software available at the Platform, unless otherwise expressly permitted by these Terms or by our express written consent.
• In case a person using the world wide web/internet receives a spam or virus which includes a link to www.solutiontheory.in or to any other site maintained, operated, or owned by us, we will not be held responsible for the same. We assume no responsibility for such mails.

CONTENT POSTED ON THE PLATFORM:

• Except as expressly provided in these Terms, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Platform or another medium for publication or distribution or any commercial enterprise, without our express prior written consent.
• The User may use the information on the Platform for downloading, provided that (1) the User does not remove any proprietary notice language in all copies of such documents, (2) the User uses such information only for its personal, non-commercial informational purpose and does not copy or post such information on any networked computer or broadcast it in any media, (3) the User does not make modifications to any such information, and (4) the User does not make any additional representations or warranties relating to such documents.
• The User shall be responsible for any Content or other materials or information posted or transmitted by it to the Platform. Such Content will become our property and the User grants us, worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with its Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content that the User may provide. The User agrees that any Content that he may post may be used by us, consistent with the Privacy Policy on the Platform as mentioned herein, and the User is not entitled to any payment or other compensation for such use.

MAILING AND SMS SERVICES:

• By providing information to facilitate our communication with the User on its email address and/or contact number the User consents to receive email or SMS notifications (“Communications”), for any Service related or non-promotional updates. We strive to provide relevant and non-promotional Communication only.
• In case Users do not want to receive communications from their account, then they can send an email to support@solutiontheory.in for further assistance.
• In the event that Users receive any commercial or promotional emails or SMS from us that they had not agreed to receive, Users may notify us in writing at
  support@solutiontheory.in We shall endeavor to ensure that no such communication is forwarded to the User within [15(fifteen)] days of receipt of the opt-out message from the User.
• Users are advised to provide only their communication details and not of any other person they are not authorized to provide or use. Users cannot opt-out of receiving non-promotional messages from us.
• The User has the right to notify us that he no longer wishes to receive solicitations or information from Service Provider and its name will be removed from the general solicitation database.
• Unsubscribing from the general solicitation database will result in the complete cessation of Services, which includes but is not limited to intimation about Services, communication from us.

COMPLIANCE WITH LAWS:

• The User shall comply with all the applicable laws, applicable to them respectively for using the Platform and the Services provided by the Platform.

INDEMNITY:

 

• The User shall indemnify and hold us harmless including our promoters, directors, employees, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, the Privacy Policy and/or other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

TRADEMARK, COPYRIGHT AND RESTRICTION:

• All material on the Platform, including the images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property laws. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means directly or indirectly, also, the User must not assist any other person to do so. Without our prior written consent, modification of the materials, use of the materials on any other website, or networked computer environment for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which the User may receive any remuneration, whether financially or otherwise, is a commercial use for the purposes of this Clause.
• We reserve the right to refuse or to withdraw the right to use any such material for non-commercial use in the future.

CONFIDENTIALITY:

• Users shall during and after the terms of this agreement, keep in strict confidence and consider as proprietary, all information of a commercial nature, including business and financial information of each party and agreement and arrangement between the parties and all information of a technical nature, business opportunity information, provided or disclosed to or consulted by any party except such technical information which is on or
  becomes part of the public domain or which it already had in its possession. For the avoidance of doubt, it is clarified that the User shall not be entitled to download, process, or forward any information, including but not limited to information that is uploaded on the Platform, even if such information is available publicly as such information/data would fall within the purview of our proprietary information.
• The obligation of confidentiality shall be applicable in the event of any disclosure required by the regulatory authority or pursuant to any applicable law, provided
  however that the other party to these Terms is intimated of the same at the earliest opportunity.

 CONTENT REMOVAL:

• We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we consider to be objectionable, in violation of these Terms, or otherwise harmful to the Services or users of the Platform in our sole discretion. Any review, which is derogatory, defamatory, or hateful and without any substantial evidence may be taken down at our sole discretion.

SUSPENSION/ BLACKLISTING OF USER:

• In addition to and without prejudice to any other rights in these Terms or otherwise available to it in law, upon receipt of a complaint from any User with regards to the User having committed fraud/embezzlement/criminal breach of trust/cheating/falsification of any information provided on the Platform, misuse of data, breach of confidentiality, willful default, we may suspend the conduct of business with the User for an indefinite period pending an inquiry into the complaint. We may issue a show-cause notice to the User seeking an explanation for the lapses committed by it and the User shall submit to us a written explanation within the stipulated period as mentioned in the show-cause notice. In the event of non-submission of the written explanation by the User within the stipulated period or the explanation adjudged unsatisfactory by us, we at our sole discretion shall (a) blacklist the User; (b) delete the User Account; (c) remove all information pertaining to the User from the Platform and (d) stop the User from accessing the Platform.

 

THIRD PARTY CONTENT:

• Services may include or link to content that belongs to third parties (“Third Party Content”). User’s use of such Third Party Content shall be governed by the terms and conditions of use and privacy policy applicable to the corresponding third party.
• We may obtain publicly available data, such as notifications issued by relevant government authorities, news articles, etc. available from such third parties. However, we do not control, represent or endorse the accuracy, relevancy, copyright compliance, legality, completeness, timeliness, or quality of any product, services, advertisements, and other content appearing in or linked to from the Services.
• We do not screen or investigate Third Party Content before or after including/linking it to the Platform. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Third Party Content accessible on the Platform. Further, we may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any Third Party Content included/linked to the Services, wherever deemed appropriate by us, but shall not be liable for any delay or inaccuracies related to such updates.
• We do not endorse any advertising, products, or other materials on or available from such third parties and assume no responsibility or liability for any Third Party Content.

• Third Party Content does not reflect the views of or does not constitute as advice by us or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.

 

 

 

 

GOVERNING LAW AND JURISDICTION:

• These Terms shall be construed and governed by the laws of India.
• Upon any dispute, claim or controversy arising out of, in relation to, or in connection with this Terms, the Parties shall first attempt to resolve such dispute, claim or controversy through good faith consultations. If the dispute, claim or controversy is not resolved through good faith consultations within 30 (thirty) days after either party has delivered a written notice to the other party requesting the commencement of consultation, then the dispute, claim or controversy shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka and the User hereby accedes to and accepts the jurisdiction of such courts.

 

 

LIMITATION OF LIABILITY:

• In no event shall we be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms, the Service, or the use of the Platform, even if the User has been informed in advance of the possibility of such damages.
• The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.

 

TERMINATION:

• The Terms will continue to apply until terminated by either the User or by us as set forth below. If the User wants to terminate their agreement with us, the User may do so by (i) not accessing the Platform; or (ii) closing their Account/s for all of the Services that they use, where we have made this option available to the User; or (iii) by any other means as agreed to between the User and us.
• We may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual additional terms) with the User if:

  • The User breaches any of the provisions of the Terms, the Privacy Policy, or any other terms, conditions, or policies that may be applicable to the User from time to time (or have acted in a manner that clearly shows that User does not intend to, or are unable to, comply with the same);

  • Service Provider is required to do so by law (for example, where the provision of the Services to the User is, or becomes, unlawful);
  • The provision of the Services to the User by Service Provider is, in Service Provider’s opinion, no longer commercially viable; or
  • Service Provider has elected to discontinue, with or without reason, access to the Platform, the Services (or any part thereof).
• We may, at its sole discretion, also terminate or suspend all or a portion of the User’s Account or access to the Services with or without reason, especially in case of breach by the User of the terms and conditions mentioned in Clause 10 of this Terms. Except as may be set forth in any additional terms applicable to a particular Service, termination of the User’s Account may include (i) removal of access to all offerings within the Platform or with respect to the Services; (ii) deletion of the User’s materials and Account Information, including their personal information, login ID and password, and all related information, files and materials associated with or inside the User’s Account (or any part thereof); and (iii) barring of further use of the Services.
• The User agrees that all terminations shall be made in our sole discretion and that we shall not be liable to the User or any third party for any termination of the User’s Account (and accompanying deletion of User information), or User’s access to the Platform and Services.
• Notwithstanding the foregoing, these Terms will survive indefinitely unless and until we choose to terminate them.
• If the User or Service Provider terminates User’s use of the Platform, we may delete any content or other materials relating to the User’s use of the Platform and we will have no liability to the User or any third party for doing so.

 

FORCE MAJEURE:

• We will not be held liable for loss of any data technical or otherwise, or of the information/data or particulars supplied by Users, due to acts of God as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond our reasonable control including but not limited to strikes, riots, civil unrest, government. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war, and natural calamities.

CONTACT US: 

• Please send any questions or comments (including all inquiries related to copyright infringement) regarding this Platform to grievances@solutiontheory.in

GENERAL PROVISIONS:

• Notice: Any notice to be provided to us should be sent to the below mentioned address:
  Technogro Analytics LLP
  Flat no 4, Building No.66, Krishna Residency,
  4thCross,10th Main, Gururaja Layout,
  BSK 3rd Stage, Bangalore-560085.
• Assignment: The User cannot assign or otherwise transfer the Terms, or any right granted hereunder to any third party.
• Severability: If any of these Terms are deemed invalid, void, or for any reason unenforceable, that part of the Terms will be deemed severable and will not affect the validity and enforceability of any remaining terms.
• Waiver: Any failure by us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by us of that provision or right.
• Relationship: The relationship between the User and us is an independent relationship and the Terms shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the User and us.
• We provide these Terms on the Platform so that the User is aware of the terms that apply to their use of the Platform and the Services.
• The User assures Service Provider that as long as the User is a valid registered User of the Platform, it will not source any employee of Service Provider.

• The User agrees and acknowledges that the Platform is an online portal and is susceptible to downtimes, crashes or other such technical issues for which Service
  Provider shall not be responsible in any manner whatsoever. Nothing contained in these Terms shall be deemed to be a warranty implied or otherwise as to the availability of the Platform at all times. The Platform will be available, subject to any scheduled or unscheduled downtime. We cannot guarantee the availability of the World Wide Web.

• User can contact us at support@solutiontheory.in for any service requests.