Terms & Conditions

                                            USER’S TERMS AND CONDITIONS

 

THESE TERMS/AGREEMENT (USER AGREEMENT) ARE GOING TO GOVERN YOUR USE OF WWW.IMUVON.COM. YOU ARE REQUESTED TO READ THESE TERMS (INCLUDING PRIVACY POLICY AND OTHER TERMS) CAREFULLY BEFORE USE OF THE SERVICES. IF YOU DON’T AGREE TO THESE TERMS YOU MAY NOT USE THE SERVICES.

 

imuvon.com reserves the right to change these terms at any time without any prior intimation. You are advised that any amendment to these terms or policies incorporated herein will only be notified on/through the Website or accessible links and you agree to read these terms before making any subscription or otherwise making use of services. The revised version/ terms shall be effective from the time the same is made publically assessable on Imuvon.com.


1.          TERMINOLOGY

 

Following words used in this presents/terms have following meaning:

 

“Agreement”, “Terms” or “User Agreement” whenever and wherever used in these terms shall mean and include these terms & conditions, privacy policy, F&Q (if any displayed on the website) and other terms as is or may be displayed on the website through the public accessible links

 

“Buyer” means the buyer /purchaser of the product/goods or services

 

“Imuvon.com” shall mean the website and use of term includes the entity/ incorporation which owns and manages Imuvon.com i.e. IMUVON RESTAURANT AND HOTEL SOLUTION PVT LTD company;

 

“Paid services” shall mean the services for which can be accessed by the user pursuant to the payment of the prescribed fee for the prescribed duration;

 

“Prescribed fee” shall mean the fee/amount payable by the user for using the paid services;

 

“Prescribed price” shall mean the fee/amount payable by the user for the transaction/purchase of the items/goods;

 

“Products” shall mean the item/goods listed for sale on the website.

 

“Purchases” or “making purchase” shall mean the purchase of the paid services and items & goods displayed on the website by payment of the transaction/purchase price;

 

“Transaction /purchase price” shall mean the prescribed price /prescribed fee payable in respect of the paid services or purchase of items /goods displayed on the website;

 

“Services” or “Imuvon.com services” denotes the services provided by Imuvon.com through the website including paid services of Imuvon.com and other allied or ancillary services as is informed through website; 

 

“Third party vendor/service providers” or “Third party” mean and include the third party which lists its goods or services on the website;

 

'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person:

  1. Who access, use in any manner or browse the website, web pages, sub-domains, third party website; and/or
  2. Registered himself/herself/itself or logs in; and/or,
  3. Who makes purchase from or through the website; and/or
  4. Otherwise makes use of Services and purchases.

 

“Website” means the www.imuvon.com and includes all its webpages, subdomain, extensions, mobile and tablet applications etc.

 

2.          ELIGIBILITY

 

YOU CAN USE IMUVON.COM’S SERVICES ONLY WHEN YOU ARE ABLE TO FORM A LEGALLY BINDING CONTRACT. Thus you agree that: (i) You are above 18 years of age; (ii) You are a person of sound mind and not un-discharged insolvent; (iii) You are otherwise not incompetent to contract.

 

If you are using Imuvon.com services as a business entity, by accepting this Agreement, you represent that such entity has sufficient authority under applicable law to enter into this Agreement and you are duly authorized by the business entity to accept this Agreement and you have the authority to bind that business entity to this Agreement.

 

3.            ACCEPTENCE

YOU AGREE THAT YOU ACCEPT THE TERMS OF THIS USER AGREEMENT, PRIVACY POLICY AND OTHER RELATED INFORMATION/DOCUMENTS BY REGISTERING, LOGGING IN, OR MAKING PURCHASES AND SPECIFICALLY BY DOING THE FOLLOWINGS:

  1. by clicking to accept or agree to the Terms, where this option is made available to you by Imuvon.com in the user interface for any Service; or
  2. by actually using the Services; or
  3. accessing or using website including web-pages, sub-domains, extensions, and Third party’s websites, in any manner.

4.             SERVICES /PRODUCTS

 

Imuvon.com provides various range of services, which you can ascertain by visiting the website. Certain services may be availed upon payment of the purchase fee/price. Imuvon.com also provides a marketplace where you can order goods or services listed by either Imuvon.com or third party vendor/service providers, which you can avail against the purchase/transaction price.

 

Imuvon.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Imuvon.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at imuvon.com’s sole discretion, without prior notice to you.

 

You acknowledge and agree that if imuvon.com disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

 

imuvon.com may provide services through itself, or through its subsidiaries, affiliated legal entities or the registered Vendor(s) around the world. You acknowledge and agree to the same.

 

If, you are buyer of the products or availing services, you agree and confirm that for products & services described on this website, and any samples thereof, imuvon.com and its affiliates attempt to be as accurate as possible for its description. However, imuvon.com does not warrant that product or services descriptions or other content or prices/amounts on imuvon.com are accurate, complete, reliable, current, or error-free. If a product or services offered by imuvon.com itself is not as described, the user sole remedy is to return it in unused condition or do not proceed with the services.

 

5.          REGISTRATION, INFORMATION AND COMMUNICATION

 

In order to access and use services, you may be/are required to register and open an account, providing your requisite information including the credit card/debit card or other banking details.  You will be solely liable and responsible for all activities that occur under your account (including but not limited to any purchase of services made through your account). You acknowledge and agree that you are solely responsible for maintaining secrecy and confidentiality of your username and password and other information provided including credit card/ debit card or other banking details.          

 

You further acknowledge and agree that while making use of services you will provide yours true, accurate and complete information. You will also provide the correct billing address. You will be solely liable & responsible for providing wrong information. You are also solely responsible to maintain and promptly update the information provided while making use of services on Imuvon.com to ensure that the information provided by you is true, accurate, current and complete at all times. You are prohibited from misrepresenting your identity or using identity of any other person while making use of product or services on  imuvon.com

 

If provided information is untrue, inaccurate, not current or incomplete or Imuvon.com has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, it reserves the right to indefinitely suspend or terminate or block your use or access to or use of Imuvon.com in any manner whatsoever without refund of transaction price or payment of any compensation to you. Your account may also be suspended or blocked or permanently terminated in case Imuvon.com believes that your credit card/debit card or other banking details is being used by any third party and that the security purpose requires.

 

You hereby acknowledge and accept that Imuvon.com will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. Imuvon.com, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of your username and password.

 

You acknowledge and agree that you will keep yourself updated with all data, information and communication pertaining to you made available Imuvon.com.

 

6.          PAID SERVICES

 

For paid services, imuvon.com contains the description of services offered, the payment plan, duration, the applicable fee, technical assistance for using the services, if any, other special features and tools, if any and other relevant information of the services rendered through Imuvon.com. Imuvon.com reserves its right to vary the content of each plan, including fees, duration, extension of services rendered etc. from time to time. Imuvon.com may terminate or vary a paid services anytime. Termination or variation of paid services by Imuvon.com does not entitle you to any compensation. Imuvon.com reserves the right to set up a dashboard where you can directly upgrade, renew the plan or modify Account settings and information, or delete the Account. All this features can be performed in accordance with these terms and with the instructions provided on Imuvon.com and/or the Dashboard.

 

When you avail paid services the same is licensed and not sold. Subject to the terms & conditions as contained herein, this Agreement grants you a personal, non-exclusive, non-transferable license that permits you or your authorised user to use Imuvon.com corresponding to the prescribed fee paid to Imuvon.com for the plan duration.

 

You may acquire paid services of Imuvon.com as part of a free trial (if provided) for the time period authorised by Imuvon.com for free trial.               

 

Imuvon.com may at its discretion charge additionally for future upgrades or updates or any new or modified Services, and same shall also be subject to such additional terms and conditions as may be provided.

 

The rights under this Agreement cannot be sublicensed. Except as expressly set forth in these terms, no license is granted and none shall be deemed granted by implication, estoppel or otherwise.

 

Within a period of 30 days prior to due expiry date of the paid services, Imuvon.com may electronically or otherwise intimate you and request you for its renewal. You may renew pursuant the payment of the prescribed fee as may be determined by the Imuvon.com from time to time. If you does not chooses to renew your paid services within a given period prior to the due expiry date, this Agreement shall be terminated automatically and consequence shall follow. 

 

 

7.             THIRD PARTY ACCOUNT

 

Imuvon.com may, from time to time, give you the possibility to register an account by logging with third party social networking sites (including, but not limited to, Facebook, Twitter, Linkedin, etc.). As part of the functionality of the Website, you may link your Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Imuvon.com; or (ii) allowing Imuvon.com to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Imuvon.com and/or grant Imuvon.com access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Imuvon.com to pay any fees or making Imuvon.com subject to any usage limitations imposed by such third party service providers. By granting Imuvon.com access to any Third Party Accounts, you understand that Imuvon.com will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account so that it is available on and through the Website via your Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on Imuvon.com. Please note that if a Third Party Account or associated service becomes unavailable or Imuvon.com’s access to such Third Party Account is terminated by the third party service provider, then Third Party Account Content will no longer be available on and through the Website. YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

8.         FREE TRIAL VERSIONS

 

Certain services may be provided on free trial. You may avail free trial version, which is available for trial purpose for the given period. The same may be availed free of cost and can be used for the period as may be prescribed by Imuvon.com from time to time. Such Free trial version may not contain the entire features as those are available with Imuvon.com paid version, as the same shall only be for the trial purposes. All the terms and conditions of this Agreement shall be applicable to such free trial version and you agree to adhere the same. Free trial version may be withdrawn by Imuvon.com any time, at its sole discretion, without any intimation to the general public/user. 

 

FREE TRIAL IS "AS-IS," AND YOU BEAR THE RISK OF USING IT. IMUVON.COM GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED IMUVON.COM EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

If free Trial Period has ended or that the payment cannot be performed because the credit card /debit card details refer to an expired credit card/debit card  or to a credit card /debit card without funds, and you do not provide Imuvon.com with other valid payment information, you understand and agree that Imuvon.com may delete any of your content within a commercially reasonable time after the expiration of the applicable Trial Period save the right to recover the fees payable by you under these terms and under the selected plans plus legal, banking and administrative expenses.

 

9.         PAYMENT

 

You will pay in advance the relevant fees as detailed for the paid services or buying items listed on website. The payment shall be performed in accordance with the payment procedure set forth in the Website, via credit card/debit card or other mode of banking transactions/ means of payment as specified in the Website.

Imuvon.com neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall Imuvon.com be liable for any actual or consequential damages arising from any claim of delay.

 

10.       TRANSACTION/REFUND

 

You agree that:

 

(i)            Imuvon.com shall have right to limit the amount payable and volume of transaction that may be conducted on single valid card/valid Bank account by a user/buyer and may refuse to process transaction(s) exceeding such limit and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.

 

(ii)           To prevent any misuse, a payment (in whichever method) of the Transaction Price initiated by the User/Buyer may be flagged or kept on hold for additional checks and verification in which case the Imuvon.com may contact the User/Buyer for verification of or additional information, details, data and documents. Imuvon.com may not confirm the payment if such information, details, data and documents are false, misleading, incorrect or incomplete and consequently the Valid Card and/or the Valid Bank Account will not be charged. In such case, the Dispatch timelines/Service Delivery will not commence until Payment Confirmation. The result of the checks and verification shall be communicated to the User.


(iii)          Imuvon.com  shall have right to refuse to process Transaction Price in respect of Transactions by User with a prior history of questionable charges including without limitation breach of any agreements by User with Imuvon.com or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.

 

(iv)          In case you are buyer of any product, you shall be entitled to claim a refund of the Transaction Price (as your sole and exclusive remedy) within 15 days of expiry of the Delivery time (including any extension thereof) if you do not receive the Delivery within the time period agreed in the Transaction or within the time period prescribed herein, whichever is earlier. In the event you do not raise a refund claim using the Website within the prescribed time you shall be ineligible for a refund.


(v)           In case you are buyer of any product, if you fail to receive an item shipped to you on account of providing inadequate or inaccurate shipping address or your non-availability at the address provided or failure to make requisite payment at the time of delivery, the Transaction will be cancelled and the item will be returned to Imuvon.com or the third party vendor and Imuvon.com and the third party vendor will be entitled to recover reasonable compensation for services provided and costs incurred for shipping, handling, couriering, processing your order and any other services provided to you.

 

(vi)          All payments for refund of the Transaction Price shall be in accordance with the provisions contained herein and applicable laws in India, particularly related to operation of accounts and settlement of payments for electronic payment transactions involving intermediaries.

 

(vii)         Refunds, if any, shall only be made in Indian Rupees (if you are in India) and shall be equivalent to the Transaction Price received. Buyer shall bear any foreign exchange conversion risk, loss, charges or fees, if any.

 

(viii)        Refund shall be subject to the User /Buyer complying with the provisions of the User Agreement and the rules and polices made hereunder and Imuvon.com shall have recourse to such refund in case of any misuse by User/Buyer.
 

(ix)           All Transactions conducted on the Website for which Valid Cards and Valid Bank Accounts are used for remittance of payment for Transactions will also be governed by the terms and conditions agreed to between the User /Buyer and the respective Issuing Bank and payment instrument issuing company and the terms agreed between Imuvon.com and payment gateway provider, as applicable and you shall not violate any such terms and conditions. You agree to indemnify and hold harmless Imuvon.com and its service providers against any direct or indirect liability that may arise on account of such violation.

 

If you terminate this Agreement during the duration of any paid services Imuvon.com won’t be able to make refund. If you dispute a payment that is found to be invalid you will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

11.       YOUR CONTENT

 

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with such account. You must immediately notify Imuvon.com of any unauthorized uses of your account or any other breaches of security. Imuvon.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You are entirely responsible for your content, and any harm resulting from your content. That is the case regardless of whether your content in question constitutes text, graphics, an audio file, or computer software. By making your content available, you represent and warrant that: the downloading, copying and use of your Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available your Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to your Content; You have fully complied with any third-party licenses relating to your Content, and have done all things necessary to successfully pass through to end users any required terms.

Imuvon.com has the right (though not the obligation) to, in Imuvon.com‘s sole discretion (i) refuse or remove any content that, in Imuvon.com‘s reasonable opinion, violates any Imuvon.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Imuvon.com‘s sole discretion. In case of the above, Imuvon.com will have no obligation to provide a refund of any amounts previously paid.

12.       USER’S OBLIGATION

 

You are responsible for all activities with respect to and in relation to Imuvon.com undertaken by you and your Authorised Users and you will ensure that:

 

(A)           You and Your Authorised Users only use Imuvon.com and any portion thereof, in accordance with this Agreement, all applicable laws and regulations, and the appropriate Documentation for Imuvon.com or portion thereof;

(B)           You and Your Authorised Users will not knowingly, after making such inquiries as a reasonable person in Your or Your Authorised User's position would undertake, use or permit others to use Imuvon.com or portion thereof in isolation or with any other software or data in a manner that in Imuvon.com's judgment, acting reasonably, interferes with, degrades or adversely affects any software, system, network or data used by any person including Imuvon.com or a third party Service Provider or otherwise has a detrimental effect upon Imuvon.com, the Imuvon.com Group of Companies, or any of their respective customers or products or services, and You will immediately cease any such activity upon Imuvon.com delivering notice of same to You;

(C)           You and Your Authorised Users will not transmit harassing, abusive, libelous, illegal or deceptive messages, content or information using I Imuvon.com or any portion thereof;

(D)           You and Your Authorised Users will not use Imuvon.com, or any part thereof, to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any breach of privacy or infringement, violation or misappropriation of any intellectual property rights and/or other proprietary rights of any third party (including, without limitation, copying and sharing Third Party Content for which You and Your Authorised Users do not have the rights to copy and share, or unlawfully circumventing any digital rights management protections);

(E)           You and Your Authorised Users will not sell, rent, lease, sub-license, or transfer, or attempt to sell, rent, lease, sub-license, or transfer, Imuvon.com or any part thereof, or Your entitlement to use Imuvon.com or any part thereof, to any other person, without the prior express written permission of Imuvon.com;

(F)           You and Your Authorised Users will cooperate with Imuvon.com and provide information requested by Imuvon.com to assist Imuvon.com in investigating or determining whether there has been a breach of this Agreement and provide Imuvon.com or a Imuvon.com appointed independent auditor with access to the premises and device where the Imuvon.com Products or Services are or have been used and any associated records.  You hereby authorise Imuvon.com to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations; (ii) third parties in investigating acts in violation of this Agreement; and (iii) system administrators at Internet service providers, networks or computing facilities in order to enforce this Agreement.  Such cooperation may include Imuvon.com disclosing Your or Your Authorised Users' username, IP address, or other personal information.

 

(G)           You and Your authorised user will not remove or modify or destroy any proprietary markings or legends or any encrypted license keys or similar security devices placed upon or contained within the software Program.; and/ or  modify, adapt, translate, or create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Imuvon.com, or allow anyone else to do so; and/ or (e) use or attempt to use Imuvon.com other than on a device.

 

(H)           You and your authorised user will not to host, display, upload, modify, publish, transmit, update or share any information using Imuvon.com that —

 

(I) belongs to another person and to which the user does not have any right to;

 

(II) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

 

(III) harm minors in any way;

 

(IV) infringes any patent, trademark, copyright or other proprietary rights;

 

(V) violates any law for the time being in force;

 

(VI) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in  nature;

 

(VII) impersonate another person;

 

(VIII) contains software viruses or any other computer code, files or programs  designed to interrupt, destroy or limit the functionality of any computer resource;

 

(IX) 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 any other nation

 

(I)            You further agree and understand that:

 

(i)            You give permission to the Imuvon.com/ Website to store details and records of your usage of the Website/downloads and other activity indefinitely. However, this does not constitute any obligation on the part of the Imuvon.com/Imuvon.com Website to do so.

 

(ii)           Imuvon.com reserves the right to introduce new services or modify or suspend the existing services provided through the Website/for the Software.

 

(iii)          Imuvon.com may appoint any third party service provider, to provide backend operations and support.

 

(iv)          Website don’t originates nor transmits any communication/ information on behalf of any User.

 

(v)           You will be responsible for keeping backup versions of the information and data provided by you. You will not expect the Website/Imuvon.com’s server to restore or keep back up of your information and data and not hold the Website accountable for any loss of data in any circumstances.

 

(vi)          If you choose to provide feedback Imuvon.com which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.

 

(vii)         You shall use the feedback and review mechanism to communicate your fair opinion and facts in respect of any User or the Website or your experience whilst using the Website, known to you from first-hand experience only.

 

(viii)        You must inform Imuvon.com immediately on becoming aware of violation of any applicable laws or violation of the provisions of this Agreement and the policies made there under

 

 

13.       LOYALTY PROGRAMS

 

From time to time the third party vendor i.e. the Restaurant Owners may come up with loyalty programs for the users/customers through the Mobile App or this platform. Such programs shall be notified and shall be subject to such terms as is notified. Such third party vendor shall be entitled to modify, withdraw or suspend such program without any prior notification or without any liability towards the user/customer, at any point of time.

 

14.       SPECIFIC TERMS

 

FOR JOBSEEKERS

 

                Jobseekers acknowledges that:

 

(i) Imuvon.com is only a platform to provide the job seekers with job postings and therefore offers no guarantee or any form of warranty that there would be any form of satisfactory response from the recruiters after the user uploads the resume or update the information on the website.

(ii) Imuvon.com does not provide any form of warranty or guarantee about the credentials, status of any employer/organization which looks up the date on the website and uses it to contact the user.

(iii) If at any point of time there is a loss of technical data or otherwise or the information provided by the user on the website is lost due to the act of God as well as any other reason beyond the control of Imuvon.com including but not limited to any form of civil riots, corruptions, strikes etc. or because of any unauthorized persons like hackers, virus attacks or wars then Imuvon.com would not be held liable.

(iv) It shall be the sole prerogative and responsibility of the user to check the authenticity of any response received by him/her after the updating of their resumes or information on the website and it shall be their own responsibility for any act, deed or thing that the user may do so and Imuvon.com would not be held liable for anything pursuant to the receipt of the response.

(v) The services of Imuvon.com and any usages with commercial intend it prohibited.

(vi) The users are not to upload multiple resumes besides a reasonable limit and Imuvon.com would be entitled to remove the accounts and resumes without prior notice of the individuals if using the same or different accounts.

(vii) Imuvon.com reserves the right to reject or delete any resume/ insertion of information by any user without assigning any reason.

(viii) It is the sole responsibility of the user to manage the privacy settings of their accounts and use them as deem fit. Imuvon.com shall not be held responsible in any situation for the publication of the data or any form of leakage of information which is updated by the user in its account.

(ix) The user of these services does not claim copyright or any other intellectual property right over the data uploaded by him/her on the website.

 

 

OF JOB POSTING

 

(i) By posting/uploading a job posting on the website you confirm that you have obtained all licenses/permits as are necessary for recruitment. You shall indemnify Imuvon.com against all claims, damages arising out of actions/claims that may be made in relation to the same.

(ii) Imuvon.com has right to make all such modifications/editing of the vacancy details in order to fits its database.

(iii) The subscriber/recruiter will provide up to a maximum of two e-mail id’s for posting of vacancies on Imuvon.com in the section to collect response(s) if any. The contact information given by the subscriber shall be the same and the subscriber cannot give multiple contact/information for the purpose of listing.

(iv) Imuvon.com offers no guarantees or warranties that there would be a satisfactory response or any at all response once the job is put on display.

(v) Imuvon.com shall be in no way be held responsible for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.

(vi)  If at any point of time there is a loss of technical data or otherwise or the information provided by the subscriber on the website is lost due to the act of God as well as any other reason beyond the control of Imuvon.com including but not limited to any form of civil riots, corruptions, strikes etc. or because of any unauthorized persons like hackers, virus attacks or wars then Imuvon.com would not be held responsible.

(vii) Imuvon.com will only provide services upon receipt of amount/charges upfront either from the subscriber or from a third party on behalf of the subscriber.

(viii) The subscribers must give an undertaking to Imuvon.com providing that the jobs sought are in existence, genuine, and that the subscriber/ recruiter has the authority to advertise for such jobs.

(ix) The subscribers/ recruiters must give an undertaking that no fee will be charged from any person who responds to jobs advertised on Imuvon.com website for processing of applications/ responses from such person.

(x) The subscription is neither re-saleable nor transferable by the subscriber to any other person, corporate body or an individual.

 

15.       DISCLAIMER.

 

IMUVON.COM SERVICES OR AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, ENDORSEMENTS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

NOTHING IN THIS AGREEMENT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE IMUVON.COM’ SERIVCES AFTER TERMINATION OF THIS AGREEMENT.

 

Service(s).  

 

(i)            EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, EACH SERVICE IS PROVIDED OR MADE ACCESSIBLE "AS IS" AND "AS AVAILABLE", WITHOUT CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND BY IMUVON.COM.

 

(ii)           IMUVON.COM DOES NOT WARRANT OR PROVIDE AN OTHER SIMILAR ASSURANCE WHATSOEVER THAT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, CONTINUED AVAILABILITY OF ANY SERVICE, OR THAT ANY MESSAGES, CONTENT OR INFORMATION SENT BY OR TO YOU WILL BE ACCURATE, TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.

 

Third Party Items and Third Party Services, Linked Sites

 

(i)            EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THE THIRD PARTY SERVICES AND THIRD PARTY ITEMS ARE NOT UNDER THE CONTROL OF IMUVON.COM, IMUVON.COM DOES NOT ENDORSE ANY PARTICULAR THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND IMUVON.COM HAS NO RESPONSIBILITY WHATSOEVER FOR YOUR SELECTION, USE, ACCESS, OR IMPLEMENTATION OF THE THIRD PARTY SERVICES OR THIRD PARTY ITEMS. IMUVON.COM SHALL NOT BE LIABLE FOR ANY ERROS, OMISSION, WHETHER BY OR ON BEHALF OF THIRD PARTIES. IMUVON.COM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTY AS TO THE ATTRIBUTES (SUCH AS MARKETABILITY, MERCHANTABILITY, USELFULNESS FOR A PARTICULAR PURPOSE) PURCHASED ON WEBSITE.

 

(ii)           THE FOREGOING APPLIES Regardless of:  (a) how You acquire or obtain access to Third Party Items and/or Third Party Services; (b) whether any such Third Party Items or Third Party Services are required in order to use all or any portion of IMUVON.COM; or (c) You acquire or gain access to such Third Party Items and Third Party Services in any manner, including without limitation, via a browser or App World software, or by way of links to specific  THIRD PARTY SOFTWARE  OR third party websites   and/or OTHER Third Party Services made available to You by icons or bookmarks, or by any other means whatsoever, including without limitation ON other websites.

 

(iii)          Without limiting the foregoing, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, ALL THIRD PARTY ITEMS AND THIRD PARTY SERVICES used by you in conjunction with IMUVON.COM, on an "AS IS" AND "AS AVAILABLE" basis, WITHOUT ANY CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, AND IMUVON.COM HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE   THIRD PARTY items, or THIRD PARTY SERVICES, INCLUDING, WITHOUT LIMITATION:  (A) THE ACCURACY, TRANSMISSION, TIMELINESS OR CONTINUED AVAILABILITY OF SUCH THIRD PARTY items, OR third party services, OR; (B) THE PERFORMANCE OR NON-PERFORMANCE OF THE THIRD PARTY items, or THIRD PARTY SERVICES; OR (C) THE INTEROPERABILITY OF THE THIRD PARTY items, or THE THIRD PARTY SERVICES WITH ALL OR A PORTION OF IMUVON.COM.

 

(iv)          without limiting the foregoing, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, yOU SPECIFICALLY AGREE that IMUVON.COM IS NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS, OFFENSIVE OR ILLEGAL third party services, THIRD PARTY items or FOR any third PARTY items or third party services OR THE TRANSMISSION THEREOF, THAT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.  YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY THIRD PARTY items, or THIRD PARTY SERVICEs, SHALL BE SOLELY AGAINST THE RELEVANT THIRD PARTIES.

 

 

16.       ADDITIONAL DISCLAIMERS

 

IMUVON.COM, IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING (IN ANY MANNER WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OUT OF OR IN CONNECTION WITH THE WEBSITE/USE OF ITS SERVICES. IMUVON.COM’S AGGREGATE LIABILITY IN ALL CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF CHARGES/ FEES, IF ANY, PAID BY YOU TO IT.

 

IMUVON.COM’S ASSOCIATES, AFFILIATES AND SERVICE PROVIDERS AND TECHNOLOGY PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, AND/OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THAT THE OPERATION OF THE WEBSITE OR THE USE AND OPERATION OF THE SOFTWARE OR GATEWAY PARTNER WILL BE ERROR FREE AND/OR UNINTERRUPTED. IMUVON.COM PROVIDES NO GUARANTEE TO ITS USERS IN RESPECT OF THE PRODUCTS SOLD IMUVON.COM OR FOR THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE OR ANY DELAY, FAILURE, INTERRUPTION OR ERRORS IN THE OPERATION OF THE WEBSITE OR THE SOFTWARE OR GATEWAY PARTNER OR FOR OTHER SERVICES.

 

17.       INDEMNITY

 

You shall indemnify and hold harmless Imuvon.com its parent, subsidiaries, affiliates, third-parties 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 your breach of this Agreement including policies incorporated herein by reference, or your violation of any law, rules or regulations or the third party’s policy, terms & conditions.

 

18.       PRIVACY AND COLLECTION OF PERSONAL INFORMATION.  

 

The personal information / data including but not limited to the Information provided by the You to the Website during the course of a use or Transaction shall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations.

 

By using the Website and/or by providing your information, you consent to the collection and use of such information disclosed by you Imuvon.com by Imuvon.com. Imuvon.com does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and Imuvon.com only uses your information in the manner described in the Privacy Policy. If you do not agree to your Information being transferred or used in this way please do not use the Website.

 

The Website/ Imuvon.com, Support or service subscription employs applications and tools to collect user’s information, materials etc. (which may include identifiable, sensitive or non –public information or other information). By entering into this Agreement, or using Imuvon.com, Support or service subscription, you and users agree to this Privacy Policy and to the collection, processing, copying, backup, storage, transfer and use of this Data by Imuvon.com. You are solely responsible for securing any privacy-related rights and permissions from your users as may be required by local law or by your internal policies. This privacy policy is in furtherance of the privacy policy displayed Imuvon.com for its use.

 

19.       BREACH

 

Imuvon.com may at its sole discretion, without limiting other remedies it may have in law and equity, take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, forthwith temporarily/indefinitely suspend or terminate or block your members for paid services, and/or refuse to provide you with access to the Website, use of Software or initiate any legal action it may deem fit, particularly in the event:

 

(i)            You breach any of the provisions of these terms including any of the policies, documents, terms and conditions made there under which are incorporated therein by reference;

 

(ii)           Imuvon.com is unable to verify or authenticate any information provided by you;

 

(iii)          Imuvon.com believes that your actions may cause legal liability to Imuvon.com, other Users or yourself.

 

No actions, omissions or decisions taken by Imuvon.com shall waive any rights or claims that Imuvon.com may have against the User.

 

When you are suspended or blocked, you shall not register or attempt to register with the Website or use the Website or attempt to use or use Imuvon.com in any manner whatsoever until such time that you are reinstated for such use. Reinstatement shall be at the sole discretion of Imuvon.com.

 

You shall have no claim of any nature whatever against Imuvon.com, in case Imuvon.com exercises its right under this clause. If you may any kind of claim, such claim shall be deemed non-existence or non-maintainable.

 

20.       INTELLECTUAL PROPERTY OWNERSHIP, RESERVATION OF RIGHTS.


Imuvon.com documentation and related information provided to you by Imuvon.com are the intellectual property of Imuvon.com. The structure, organization, and code of Imuvon.com are the valuable intellectually property (e.g. trade secrets and confidential information) of Imuvon.com. Imuvon.com is protected by law, including without limitation the copyright laws of India and other countries, and by international treaty provisions.

 

Neither You nor Your Authorised Users acquire hereby any ownership right, title or interest in or to any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright, database rights or rights in any confidential information or trade-secrets, in or relating to Imuvon.com or any part thereof.  You also do not acquire any rights in or related to Imuvon.com or any portion thereof, other than the rights expressly granted to You under this Agreement.  No title and/or any right of possession to the Imuvon.com Product(s) (if any) is granted by virtue of this Agreement. You agree that nothing in this Agreement shall adversely affect any rights and recourse to any remedies, including, without limitation, to injunctive relief, that Imuvon.com may have under any applicable laws relating to the protection of Imuvon.com's intellectual property or other proprietary rights.

 

21.          NO REVERSE ENGINEERING. 

 

You acknowledge and agree that Imuvon.com was developed at considerable time and expense by Imuvon.com.  This Agreement gives You no right to obtain from Imuvon.com or its distributors any source code for Imuvon.com, and, except to the extent that Imuvon.com is expressly precluded by law from prohibiting these activities. You agree that neither You nor Your Authorised Users will alter, modify, adapt, create derivative works, translate, deface, or Reverse Engineer Imuvon.com, or attempt to do so, or permit, acquiesce, authorise or encourage any other party to do the same.

 

22.       TERM & TERMINATION

 

This Agreement shall be effective upon your agreeing to be bound by the terms of this Agreement (as described in the preamble above) and shall continue in effect unless terminated in accordance with the provisions set out herein.

 

23.       REMEDIES AND TERMINATION

 

(a)           If You or Your Authorised Users breach this Agreement, Imuvon.com may, in addition to all other rights and remedies provided by this Agreement or by law, immediately terminate this Agreement; and/or cease to provide any Service(s) to You or Your Authorised Users.

 

(b)           Without limiting the generality of the foregoing, you will be deemed to be in breach of this Agreement and Imuvon.com will have the right to terminate this Agreement upon providing notice if:

 

(i)            You or Your Authorised Users fail to comply with or perform a term or condition herein;

 

(ii)           You or any of Your Authorised Users interfere with Imuvon.com's customer service or business operations; or

 

(iii)          any periodic fees or costs associated with Your use of Imuvon.com are not paid on or before expiry of its period.   

 

(c)           In addition, Imuvon.com may terminate this Agreement and/or immediately cease to provide the Service(s) without any liability whatsoever to You or Your Authorised Users if Imuvon.com is prevented from providing any portion or all of any Service by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other governmental body, or if a notice from a government agency or department indicates that Imuvon.com is not permitted to provide any portion or all of the Services. 

 

(d)           Nothing herein shall be construed to require Imuvon.com to seek a waiver of any such law, rule, regulation, or restriction, or seek judicial review or appeal of any court order.  Imuvon.com shall not have any liability to You or Your Authorised Users arising from or related to the termination of this Agreement in accordance with this Section.

 

24.       EFFECT OF TERMINATION

 

Upon termination of this Agreement, however caused (a) You will immediately discontinue all use of Imuvon.com; and (b) Imuvon.com shall have the right to block any transmission of data to and from Imuvon.com, without notice to You. 

 

Upon termination of any account you may have with Imuvon.com, you authorise Imuvon.com to delete any files, programs, data and email messages associated with such account, without notice to You.  In the event of the termination of this Agreement by Imuvon.com, You shall pay to Imuvon.com all fees (including reasonable lawyers' fees and costs) and related expenses expended or incurred by Imuvon.com in the enforcement of its rights hereunder. 

 

The certain provisions of this Agreement which is intended to be survived the termination of this Agreement shall survive the termination, cancellation or expiration of this Agreement for any reason.

 

25.       FORCE MAJEURE

 

"Event of Force Majeure" means an event beyond Imuvon.com’s control or the third party vendor /service provider, which prevents Imuvon.com or such third party from complying with any of its obligations under this Contract, including but not limited to:

 

  1. act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
  2. war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
  3. rebellion, revolution, insurrection, or military or usurped power, or civil war;
  4. contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
  5. riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
  6. acts or threats of terrorism.

 

Neither Imuvon.com nor the third party vendor /service provider shall be considered in breach of this Contract to the extent that performance of their respective obligations is prevented by an Event of Force Majeure.

 

26.       GOVERNING LAW.


This agreement will be governed by and construed in accordance with the substantive laws in force in the Republic of India. The courts at Delhi/New Delhi shall have exclusive jurisdiction over all disputes relating to this Agreement. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration at Delhi/New Delhi in accordance Arbitration law, rules and regulation generally applicable and use in India. The language of the arbitration shall be English. Notwithstanding any provision in this agreement, Imuvon.com may request any judicial, administrative, or other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies. The English version of this agreement will be the version used when interpreting or construing this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction, the application of which is expressly excluded.

 

27.       GENERAL PROVISIONS.


If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.

 

Except as explicitly stated otherwise, any notices directed to Imuvon.com shall be given by email to info@Imuvon.com and any notices to you by Imuvon.com shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Imuvon.com may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

 

Imuvon.com at its sole discretion shall be entitled to assign or transfer its rights and obligations under this Agreement hereunder to any other person without your prior consent

 

All remedies of Imuvon.com under this Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

 

No party to this Agreement shall be deemed to have waived any of its rights, powers or remedies under this Agreement unless such waiver is expressly set forth in a writing signed by the waiving party.

 

The captions and headings of Sections and subsections contained in this Agreement are provided for convenience of reference only and shall not be considered a part hereof for purposes of interpreting this Agreement, and, way the meaning or intent of this Agreement or any of its terms or provisions.

 

This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT INFO@imuvon.com.

                                            USER’S TERMS AND CONDITIONS

 

THESE TERMS/AGREEMENT (USER AGREEMENT) ARE GOING TO GOVERN YOUR USE OF WWW.IMUVON.COM. YOU ARE REQUESTED TO READ THESE TERMS (INCLUDING PRIVACY POLICY AND OTHER TERMS) CAREFULLY BEFORE USE OF THE SERVICES. IF YOU DON’T AGREE TO THESE TERMS YOU MAY NOT USE THE SERVICES.

 

imuvon.com reserves the right to change these terms at any time without any prior intimation. You are advised that any amendment to these terms or policies incorporated herein will only be notified on/through the Website or accessible links and you agree to read these terms before making any subscription or otherwise making use of services. The revised version/ terms shall be effective from the time the same is made publically assessable on Imuvon.com.


1.          TERMINOLOGY

 

Following words used in this presents/terms have following meaning:

 

“Agreement”, “Terms” or “User Agreement” whenever and wherever used in these terms shall mean and include these terms & conditions, privacy policy, F&Q (if any displayed on the website) and other terms as is or may be displayed on the website through the public accessible links

 

“Buyer” means the buyer /purchaser of the product/goods or services

 

“Imuvon.com” shall mean the website and use of term includes the entity/ incorporation which owns and manages Imuvon.com i.e. IMUVON RESTAURANT AND HOTEL SOLUTION PVT LTD company;

 

“Paid services” shall mean the services for which can be accessed by the user pursuant to the payment of the prescribed fee for the prescribed duration;

 

“Prescribed fee” shall mean the fee/amount payable by the user for using the paid services;

 

“Prescribed price” shall mean the fee/amount payable by the user for the transaction/purchase of the items/goods;

 

“Products” shall mean the item/goods listed for sale on the website.

 

“Purchases” or “making purchase” shall mean the purchase of the paid services and items & goods displayed on the website by payment of the transaction/purchase price;

 

“Transaction /purchase price” shall mean the prescribed price /prescribed fee payable in respect of the paid services or purchase of items /goods displayed on the website;

 

“Services” or “Imuvon.com services” denotes the services provided by Imuvon.com through the website including paid services of Imuvon.com and other allied or ancillary services as is informed through website; 

 

“Third party vendor/service providers” or “Third party” mean and include the third party which lists its goods or services on the website;

 

'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person:

  1. Who access, use in any manner or browse the website, web pages, sub-domains, third party website; and/or
  2. Registered himself/herself/itself or logs in; and/or,
  3. Who makes purchase from or through the website; and/or
  4. Otherwise makes use of Services and purchases.

 

“Website” means the www.imuvon.com and includes all its webpages, subdomain, extensions, mobile and tablet applications etc.

 

2.          ELIGIBILITY

 

YOU CAN USE IMUVON.COM’S SERVICES ONLY WHEN YOU ARE ABLE TO FORM A LEGALLY BINDING CONTRACT. Thus you agree that: (i) You are above 18 years of age; (ii) You are a person of sound mind and not un-discharged insolvent; (iii) You are otherwise not incompetent to contract.

 

If you are using Imuvon.com services as a business entity, by accepting this Agreement, you represent that such entity has sufficient authority under applicable law to enter into this Agreement and you are duly authorized by the business entity to accept this Agreement and you have the authority to bind that business entity to this Agreement.

 

3.            ACCEPTENCE

YOU AGREE THAT YOU ACCEPT THE TERMS OF THIS USER AGREEMENT, PRIVACY POLICY AND OTHER RELATED INFORMATION/DOCUMENTS BY REGISTERING, LOGGING IN, OR MAKING PURCHASES AND SPECIFICALLY BY DOING THE FOLLOWINGS:

  1. by clicking to accept or agree to the Terms, where this option is made available to you by Imuvon.com in the user interface for any Service; or
  2. by actually using the Services; or
  3. accessing or using website including web-pages, sub-domains, extensions, and Third party’s websites, in any manner.

4.             SERVICES /PRODUCTS

 

Imuvon.com provides various range of services, which you can ascertain by visiting the website. Certain services may be availed upon payment of the purchase fee/price. Imuvon.com also provides a marketplace where you can order goods or services listed by either Imuvon.com or third party vendor/service providers, which you can avail against the purchase/transaction price.

 

Imuvon.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Imuvon.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at imuvon.com’s sole discretion, without prior notice to you.

 

You acknowledge and agree that if imuvon.com disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

 

imuvon.com may provide services through itself, or through its subsidiaries, affiliated legal entities or the registered Vendor(s) around the world. You acknowledge and agree to the same.

 

If, you are buyer of the products or availing services, you agree and confirm that for products & services described on this website, and any samples thereof, imuvon.com and its affiliates attempt to be as accurate as possible for its description. However, imuvon.com does not warrant that product or services descriptions or other content or prices/amounts on imuvon.com are accurate, complete, reliable, current, or error-free. If a product or services offered by imuvon.com itself is not as described, the user sole remedy is to return it in unused condition or do not proceed with the services.

 

5.          REGISTRATION, INFORMATION AND COMMUNICATION

 

In order to access and use services, you may be/are required to register and open an account, providing your requisite information including the credit card/debit card or other banking details.  You will be solely liable and responsible for all activities that occur under your account (including but not limited to any purchase of services made through your account). You acknowledge and agree that you are solely responsible for maintaining secrecy and confidentiality of your username and password and other information provided including credit card/ debit card or other banking details.          

 

You further acknowledge and agree that while making use of services you will provide yours true, accurate and complete information. You will also provide the correct billing address. You will be solely liable & responsible for providing wrong information. You are also solely responsible to maintain and promptly update the information provided while making use of services on Imuvon.com to ensure that the information provided by you is true, accurate, current and complete at all times. You are prohibited from misrepresenting your identity or using identity of any other person while making use of product or services on  imuvon.com

 

If provided information is untrue, inaccurate, not current or incomplete or Imuvon.com has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, it reserves the right to indefinitely suspend or terminate or block your use or access to or use of Imuvon.com in any manner whatsoever without refund of transaction price or payment of any compensation to you. Your account may also be suspended or blocked or permanently terminated in case Imuvon.com believes that your credit card/debit card or other banking details is being used by any third party and that the security purpose requires.

 

You hereby acknowledge and accept that Imuvon.com will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. Imuvon.com, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of your username and password.

 

You acknowledge and agree that you will keep yourself updated with all data, information and communication pertaining to you made available Imuvon.com.

 

6.          PAID SERVICES

 

For paid services, imuvon.com contains the description of services offered, the payment plan, duration, the applicable fee, technical assistance for using the services, if any, other special features and tools, if any and other relevant information of the services rendered through Imuvon.com. Imuvon.com reserves its right to vary the content of each plan, including fees, duration, extension of services rendered etc. from time to time. Imuvon.com may terminate or vary a paid services anytime. Termination or variation of paid services by Imuvon.com does not entitle you to any compensation. Imuvon.com reserves the right to set up a dashboard where you can directly upgrade, renew the plan or modify Account settings and information, or delete the Account. All this features can be performed in accordance with these terms and with the instructions provided on Imuvon.com and/or the Dashboard.

 

When you avail paid services the same is licensed and not sold. Subject to the terms & conditions as contained herein, this Agreement grants you a personal, non-exclusive, non-transferable license that permits you or your authorised user to use Imuvon.com corresponding to the prescribed fee paid to Imuvon.com for the plan duration.

 

You may acquire paid services of Imuvon.com as part of a free trial (if provided) for the time period authorised by Imuvon.com for free trial.               

 

Imuvon.com may at its discretion charge additionally for future upgrades or updates or any new or modified Services, and same shall also be subject to such additional terms and conditions as may be provided.

 

The rights under this Agreement cannot be sublicensed. Except as expressly set forth in these terms, no license is granted and none shall be deemed granted by implication, estoppel or otherwise.

 

Within a period of 30 days prior to due expiry date of the paid services, Imuvon.com may electronically or otherwise intimate you and request you for its renewal. You may renew pursuant the payment of the prescribed fee as may be determined by the Imuvon.com from time to time. If you does not chooses to renew your paid services within a given period prior to the due expiry date, this Agreement shall be terminated automatically and consequence shall follow. 

 

 

7.             THIRD PARTY ACCOUNT

 

Imuvon.com may, from time to time, give you the possibility to register an account by logging with third party social networking sites (including, but not limited to, Facebook, Twitter, Linkedin, etc.). As part of the functionality of the Website, you may link your Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Imuvon.com; or (ii) allowing Imuvon.com to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Imuvon.com and/or grant Imuvon.com access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Imuvon.com to pay any fees or making Imuvon.com subject to any usage limitations imposed by such third party service providers. By granting Imuvon.com access to any Third Party Accounts, you understand that Imuvon.com will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account so that it is available on and through the Website via your Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on Imuvon.com. Please note that if a Third Party Account or associated service becomes unavailable or Imuvon.com’s access to such Third Party Account is terminated by the third party service provider, then Third Party Account Content will no longer be available on and through the Website. YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

8.         FREE TRIAL VERSIONS

 

Certain services may be provided on free trial. You may avail free trial version, which is available for trial purpose for the given period. The same may be availed free of cost and can be used for the period as may be prescribed by Imuvon.com from time to time. Such Free trial version may not contain the entire features as those are available with Imuvon.com paid version, as the same shall only be for the trial purposes. All the terms and conditions of this Agreement shall be applicable to such free trial version and you agree to adhere the same. Free trial version may be withdrawn by Imuvon.com any time, at its sole discretion, without any intimation to the general public/user. 

 

FREE TRIAL IS "AS-IS," AND YOU BEAR THE RISK OF USING IT. IMUVON.COM GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED IMUVON.COM EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

If free Trial Period has ended or that the payment cannot be performed because the credit card /debit card details refer to an expired credit card/debit card  or to a credit card /debit card without funds, and you do not provide Imuvon.com with other valid payment information, you understand and agree that Imuvon.com may delete any of your content within a commercially reasonable time after the expiration of the applicable Trial Period save the right to recover the fees payable by you under these terms and under the selected plans plus legal, banking and administrative expenses.

 

9.         PAYMENT

 

You will pay in advance the relevant fees as detailed for the paid services or buying items listed on website. The payment shall be performed in accordance with the payment procedure set forth in the Website, via credit card/debit card or other mode of banking transactions/ means of payment as specified in the Website.

Imuvon.com neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall Imuvon.com be liable for any actual or consequential damages arising from any claim of delay.

 

10.       TRANSACTION/REFUND

 

You agree that:

 

(i)            Imuvon.com shall have right to limit the amount payable and volume of transaction that may be conducted on single valid card/valid Bank account by a user/buyer and may refuse to process transaction(s) exceeding such limit and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.

 

(ii)           To prevent any misuse, a payment (in whichever method) of the Transaction Price initiated by the User/Buyer may be flagged or kept on hold for additional checks and verification in which case the Imuvon.com may contact the User/Buyer for verification of or additional information, details, data and documents. Imuvon.com may not confirm the payment if such information, details, data and documents are false, misleading, incorrect or incomplete and consequently the Valid Card and/or the Valid Bank Account will not be charged. In such case, the Dispatch timelines/Service Delivery will not commence until Payment Confirmation. The result of the checks and verification shall be communicated to the User.


(iii)          Imuvon.com  shall have right to refuse to process Transaction Price in respect of Transactions by User with a prior history of questionable charges including without limitation breach of any agreements by User with Imuvon.com or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.

 

(iv)          In case you are buyer of any product, you shall be entitled to claim a refund of the Transaction Price (as your sole and exclusive remedy) within 15 days of expiry of the Delivery time (including any extension thereof) if you do not receive the Delivery within the time period agreed in the Transaction or within the time period prescribed herein, whichever is earlier. In the event you do not raise a refund claim using the Website within the prescribed time you shall be ineligible for a refund.


(v)           In case you are buyer of any product, if you fail to receive an item shipped to you on account of providing inadequate or inaccurate shipping address or your non-availability at the address provided or failure to make requisite payment at the time of delivery, the Transaction will be cancelled and the item will be returned to Imuvon.com or the third party vendor and Imuvon.com and the third party vendor will be entitled to recover reasonable compensation for services provided and costs incurred for shipping, handling, couriering, processing your order and any other services provided to you.

 

(vi)          All payments for refund of the Transaction Price shall be in accordance with the provisions contained herein and applicable laws in India, particularly related to operation of accounts and settlement of payments for electronic payment transactions involving intermediaries.

 

(vii)         Refunds, if any, shall only be made in Indian Rupees (if you are in India) and shall be equivalent to the Transaction Price received. Buyer shall bear any foreign exchange conversion risk, loss, charges or fees, if any.

 

(viii)        Refund shall be subject to the User /Buyer complying with the provisions of the User Agreement and the rules and polices made hereunder and Imuvon.com shall have recourse to such refund in case of any misuse by User/Buyer.
 

(ix)           All Transactions conducted on the Website for which Valid Cards and Valid Bank Accounts are used for remittance of payment for Transactions will also be governed by the terms and conditions agreed to between the User /Buyer and the respective Issuing Bank and payment instrument issuing company and the terms agreed between Imuvon.com and payment gateway provider, as applicable and you shall not violate any such terms and conditions. You agree to indemnify and hold harmless Imuvon.com and its service providers against any direct or indirect liability that may arise on account of such violation.

 

If you terminate this Agreement during the duration of any paid services Imuvon.com won’t be able to make refund. If you dispute a payment that is found to be invalid you will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

11.       YOUR CONTENT

 

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with such account. You must immediately notify Imuvon.com of any unauthorized uses of your account or any other breaches of security. Imuvon.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You are entirely responsible for your content, and any harm resulting from your content. That is the case regardless of whether your content in question constitutes text, graphics, an audio file, or computer software. By making your content available, you represent and warrant that: the downloading, copying and use of your Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available your Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to your Content; You have fully complied with any third-party licenses relating to your Content, and have done all things necessary to successfully pass through to end users any required terms.

Imuvon.com has the right (though not the obligation) to, in Imuvon.com‘s sole discretion (i) refuse or remove any content that, in Imuvon.com‘s reasonable opinion, violates any Imuvon.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Imuvon.com‘s sole discretion. In case of the above, Imuvon.com will have no obligation to provide a refund of any amounts previously paid.

12.       USER’S OBLIGATION

 

You are responsible for all activities with respect to and in relation to Imuvon.com undertaken by you and your Authorised Users and you will ensure that:

 

(A)           You and Your Authorised Users only use Imuvon.com and any portion thereof, in accordance with this Agreement, all applicable laws and regulations, and the appropriate Documentation for Imuvon.com or portion thereof;

(B)           You and Your Authorised Users will not knowingly, after making such inquiries as a reasonable person in Your or Your Authorised User's position would undertake, use or permit others to use Imuvon.com or portion thereof in isolation or with any other software or data in a manner that in Imuvon.com's judgment, acting reasonably, interferes with, degrades or adversely affects any software, system, network or data used by any person including Imuvon.com or a third party Service Provider or otherwise has a detrimental effect upon Imuvon.com, the Imuvon.com Group of Companies, or any of their respective customers or products or services, and You will immediately cease any such activity upon Imuvon.com delivering notice of same to You;

(C)           You and Your Authorised Users will not transmit harassing, abusive, libelous, illegal or deceptive messages, content or information using I Imuvon.com or any portion thereof;

(D)           You and Your Authorised Users will not use Imuvon.com, or any part thereof, to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any breach of privacy or infringement, violation or misappropriation of any intellectual property rights and/or other proprietary rights of any third party (including, without limitation, copying and sharing Third Party Content for which You and Your Authorised Users do not have the rights to copy and share, or unlawfully circumventing any digital rights management protections);

(E)           You and Your Authorised Users will not sell, rent, lease, sub-license, or transfer, or attempt to sell, rent, lease, sub-license, or transfer, Imuvon.com or any part thereof, or Your entitlement to use Imuvon.com or any part thereof, to any other person, without the prior express written permission of Imuvon.com;

(F)           You and Your Authorised Users will cooperate with Imuvon.com and provide information requested by Imuvon.com to assist Imuvon.com in investigating or determining whether there has been a breach of this Agreement and provide Imuvon.com or a Imuvon.com appointed independent auditor with access to the premises and device where the Imuvon.com Products or Services are or have been used and any associated records.  You hereby authorise Imuvon.com to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations; (ii) third parties in investigating acts in violation of this Agreement; and (iii) system administrators at Internet service providers, networks or computing facilities in order to enforce this Agreement.  Such cooperation may include Imuvon.com disclosing Your or Your Authorised Users' username, IP address, or other personal information.

 

(G)           You and Your authorised user will not remove or modify or destroy any proprietary markings or legends or any encrypted license keys or similar security devices placed upon or contained within the software Program.; and/ or  modify, adapt, translate, or create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Imuvon.com, or allow anyone else to do so; and/ or (e) use or attempt to use Imuvon.com other than on a device.

 

(H)           You and your authorised user will not to host, display, upload, modify, publish, transmit, update or share any information using Imuvon.com that —

 

(I) belongs to another person and to which the user does not have any right to;

 

(II) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

 

(III) harm minors in any way;

 

(IV) infringes any patent, trademark, copyright or other proprietary rights;

 

(V) violates any law for the time being in force;

 

(VI) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in  nature;

 

(VII) impersonate another person;

 

(VIII) contains software viruses or any other computer code, files or programs  designed to interrupt, destroy or limit the functionality of any computer resource;

 

(IX) 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 any other nation

 

(I)            You further agree and understand that:

 

(i)            You give permission to the Imuvon.com/ Website to store details and records of your usage of the Website/downloads and other activity indefinitely. However, this does not constitute any obligation on the part of the Imuvon.com/Imuvon.com Website to do so.

 

(ii)           Imuvon.com reserves the right to introduce new services or modify or suspend the existing services provided through the Website/for the Software.

 

(iii)          Imuvon.com may appoint any third party service provider, to provide backend operations and support.

 

(iv)          Website don’t originates nor transmits any communication/ information on behalf of any User.

 

(v)           You will be responsible for keeping backup versions of the information and data provided by you. You will not expect the Website/Imuvon.com’s server to restore or keep back up of your information and data and not hold the Website accountable for any loss of data in any circumstances.

 

(vi)          If you choose to provide feedback Imuvon.com which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.

 

(vii)         You shall use the feedback and review mechanism to communicate your fair opinion and facts in respect of any User or the Website or your experience whilst using the Website, known to you from first-hand experience only.

 

(viii)        You must inform Imuvon.com immediately on becoming aware of violation of any applicable laws or violation of the provisions of this Agreement and the policies made there under

 

 

13.       LOYALTY PROGRAMS

 

From time to time the third party vendor i.e. the Restaurant Owners may come up with loyalty programs for the users/customers through the Mobile App or this platform. Such programs shall be notified and shall be subject to such terms as is notified. Such third party vendor shall be entitled to modify, withdraw or suspend such program without any prior notification or without any liability towards the user/customer, at any point of time.

 

14.       SPECIFIC TERMS

 

FOR JOBSEEKERS

 

                Jobseekers acknowledges that:

 

(i) Imuvon.com is only a platform to provide the job seekers with job postings and therefore offers no guarantee or any form of warranty that there would be any form of satisfactory response from the recruiters after the user uploads the resume or update the information on the website.

(ii) Imuvon.com does not provide any form of warranty or guarantee about the credentials, status of any employer/organization which looks up the date on the website and uses it to contact the user.

(iii) If at any point of time there is a loss of technical data or otherwise or the information provided by the user on the website is lost due to the act of God as well as any other reason beyond the control of Imuvon.com including but not limited to any form of civil riots, corruptions, strikes etc. or because of any unauthorized persons like hackers, virus attacks or wars then Imuvon.com would not be held liable.

(iv) It shall be the sole prerogative and responsibility of the user to check the authenticity of any response received by him/her after the updating of their resumes or information on the website and it shall be their own responsibility for any act, deed or thing that the user may do so and Imuvon.com would not be held liable for anything pursuant to the receipt of the response.

(v) The services of Imuvon.com and any usages with commercial intend it prohibited.

(vi) The users are not to upload multiple resumes besides a reasonable limit and Imuvon.com would be entitled to remove the accounts and resumes without prior notice of the individuals if using the same or different accounts.

(vii) Imuvon.com reserves the right to reject or delete any resume/ insertion of information by any user without assigning any reason.

(viii) It is the sole responsibility of the user to manage the privacy settings of their accounts and use them as deem fit. Imuvon.com shall not be held responsible in any situation for the publication of the data or any form of leakage of information which is updated by the user in its account.

(ix) The user of these services does not claim copyright or any other intellectual property right over the data uploaded by him/her on the website.

 

 

OF JOB POSTING

 

(i) By posting/uploading a job posting on the website you confirm that you have obtained all licenses/permits as are necessary for recruitment. You shall indemnify Imuvon.com against all claims, damages arising out of actions/claims that may be made in relation to the same.

(ii) Imuvon.com has right to make all such modifications/editing of the vacancy details in order to fits its database.

(iii) The subscriber/recruiter will provide up to a maximum of two e-mail id’s for posting of vacancies on Imuvon.com in the section to collect response(s) if any. The contact information given by the subscriber shall be the same and the subscriber cannot give multiple contact/information for the purpose of listing.

(iv) Imuvon.com offers no guarantees or warranties that there would be a satisfactory response or any at all response once the job is put on display.

(v) Imuvon.com shall be in no way be held responsible for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.

(vi)  If at any point of time there is a loss of technical data or otherwise or the information provided by the subscriber on the website is lost due to the act of God as well as any other reason beyond the control of Imuvon.com including but not limited to any form of civil riots, corruptions, strikes etc. or because of any unauthorized persons like hackers, virus attacks or wars then Imuvon.com would not be held responsible.

(vii) Imuvon.com will only provide services upon receipt of amount/charges upfront either from the subscriber or from a third party on behalf of the subscriber.

(viii) The subscribers must give an undertaking to Imuvon.com providing that the jobs sought are in existence, genuine, and that the subscriber/ recruiter has the authority to advertise for such jobs.

(ix) The subscribers/ recruiters must give an undertaking that no fee will be charged from any person who responds to jobs advertised on Imuvon.com website for processing of applications/ responses from such person.

(x) The subscription is neither re-saleable nor transferable by the subscriber to any other person, corporate body or an individual.

 

15.       DISCLAIMER.

 

IMUVON.COM SERVICES OR AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, ENDORSEMENTS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

NOTHING IN THIS AGREEMENT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE IMUVON.COM’ SERIVCES AFTER TERMINATION OF THIS AGREEMENT.

 

Service(s).  

 

(i)            EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, EACH SERVICE IS PROVIDED OR MADE ACCESSIBLE "AS IS" AND "AS AVAILABLE", WITHOUT CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND BY IMUVON.COM.

 

(ii)           IMUVON.COM DOES NOT WARRANT OR PROVIDE AN OTHER SIMILAR ASSURANCE WHATSOEVER THAT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, CONTINUED AVAILABILITY OF ANY SERVICE, OR THAT ANY MESSAGES, CONTENT OR INFORMATION SENT BY OR TO YOU WILL BE ACCURATE, TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.

 

Third Party Items and Third Party Services, Linked Sites

 

(i)            EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THE THIRD PARTY SERVICES AND THIRD PARTY ITEMS ARE NOT UNDER THE CONTROL OF IMUVON.COM, IMUVON.COM DOES NOT ENDORSE ANY PARTICULAR THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND IMUVON.COM HAS NO RESPONSIBILITY WHATSOEVER FOR YOUR SELECTION, USE, ACCESS, OR IMPLEMENTATION OF THE THIRD PARTY SERVICES OR THIRD PARTY ITEMS. IMUVON.COM SHALL NOT BE LIABLE FOR ANY ERROS, OMISSION, WHETHER BY OR ON BEHALF OF THIRD PARTIES. IMUVON.COM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTY AS TO THE ATTRIBUTES (SUCH AS MARKETABILITY, MERCHANTABILITY, USELFULNESS FOR A PARTICULAR PURPOSE) PURCHASED ON WEBSITE.

 

(ii)           THE FOREGOING APPLIES Regardless of:  (a) how You acquire or obtain access to Third Party Items and/or Third Party Services; (b) whether any such Third Party Items or Third Party Services are required in order to use all or any portion of IMUVON.COM; or (c) You acquire or gain access to such Third Party Items and Third Party Services in any manner, including without limitation, via a browser or App World software, or by way of links to specific  THIRD PARTY SOFTWARE  OR third party websites   and/or OTHER Third Party Services made available to You by icons or bookmarks, or by any other means whatsoever, including without limitation ON other websites.

 

(iii)          Without limiting the foregoing, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, ALL THIRD PARTY ITEMS AND THIRD PARTY SERVICES used by you in conjunction with IMUVON.COM, on an "AS IS" AND "AS AVAILABLE" basis, WITHOUT ANY CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, AND IMUVON.COM HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE   THIRD PARTY items, or THIRD PARTY SERVICES, INCLUDING, WITHOUT LIMITATION:  (A) THE ACCURACY, TRANSMISSION, TIMELINESS OR CONTINUED AVAILABILITY OF SUCH THIRD PARTY items, OR third party services, OR; (B) THE PERFORMANCE OR NON-PERFORMANCE OF THE THIRD PARTY items, or THIRD PARTY SERVICES; OR (C) THE INTEROPERABILITY OF THE THIRD PARTY items, or THE THIRD PARTY SERVICES WITH ALL OR A PORTION OF IMUVON.COM.

 

(iv)          without limiting the foregoing, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, yOU SPECIFICALLY AGREE that IMUVON.COM IS NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS, OFFENSIVE OR ILLEGAL third party services, THIRD PARTY items or FOR any third PARTY items or third party services OR THE TRANSMISSION THEREOF, THAT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.  YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY THIRD PARTY items, or THIRD PARTY SERVICEs, SHALL BE SOLELY AGAINST THE RELEVANT THIRD PARTIES.

 

 

16.       ADDITIONAL DISCLAIMERS

 

IMUVON.COM, IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING (IN ANY MANNER WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OUT OF OR IN CONNECTION WITH THE WEBSITE/USE OF ITS SERVICES. IMUVON.COM’S AGGREGATE LIABILITY IN ALL CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF CHARGES/ FEES, IF ANY, PAID BY YOU TO IT.

 

IMUVON.COM’S ASSOCIATES, AFFILIATES AND SERVICE PROVIDERS AND TECHNOLOGY PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, AND/OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THAT THE OPERATION OF THE WEBSITE OR THE USE AND OPERATION OF THE SOFTWARE OR GATEWAY PARTNER WILL BE ERROR FREE AND/OR UNINTERRUPTED. IMUVON.COM PROVIDES NO GUARANTEE TO ITS USERS IN RESPECT OF THE PRODUCTS SOLD IMUVON.COM OR FOR THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE OR ANY DELAY, FAILURE, INTERRUPTION OR ERRORS IN THE OPERATION OF THE WEBSITE OR THE SOFTWARE OR GATEWAY PARTNER OR FOR OTHER SERVICES.

 

17.       INDEMNITY

 

You shall indemnify and hold harmless Imuvon.com its parent, subsidiaries, affiliates, third-parties 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 your breach of this Agreement including policies incorporated herein by reference, or your violation of any law, rules or regulations or the third party’s policy, terms & conditions.

 

18.       PRIVACY AND COLLECTION OF PERSONAL INFORMATION.  

 

The personal information / data including but not limited to the Information provided by the You to the Website during the course of a use or Transaction shall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations.

 

By using the Website and/or by providing your information, you consent to the collection and use of such information disclosed by you Imuvon.com by Imuvon.com. Imuvon.com does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and Imuvon.com only uses your information in the manner described in the Privacy Policy. If you do not agree to your Information being transferred or used in this way please do not use the Website.

 

The Website/ Imuvon.com, Support or service subscription employs applications and tools to collect user’s information, materials etc. (which may include identifiable, sensitive or non –public information or other information). By entering into this Agreement, or using Imuvon.com, Support or service subscription, you and users agree to this Privacy Policy and to the collection, processing, copying, backup, storage, transfer and use of this Data by Imuvon.com. You are solely responsible for securing any privacy-related rights and permissions from your users as may be required by local law or by your internal policies. This privacy policy is in furtherance of the privacy policy displayed Imuvon.com for its use.

 

19.       BREACH

 

Imuvon.com may at its sole discretion, without limiting other remedies it may have in law and equity, take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, forthwith temporarily/indefinitely suspend or terminate or block your members for paid services, and/or refuse to provide you with access to the Website, use of Software or initiate any legal action it may deem fit, particularly in the event:

 

(i)            You breach any of the provisions of these terms including any of the policies, documents, terms and conditions made there under which are incorporated therein by reference;

 

(ii)           Imuvon.com is unable to verify or authenticate any information provided by you;

 

(iii)          Imuvon.com believes that your actions may cause legal liability to Imuvon.com, other Users or yourself.

 

No actions, omissions or decisions taken by Imuvon.com shall waive any rights or claims that Imuvon.com may have against the User.

 

When you are suspended or blocked, you shall not register or attempt to register with the Website or use the Website or attempt to use or use Imuvon.com in any manner whatsoever until such time that you are reinstated for such use. Reinstatement shall be at the sole discretion of Imuvon.com.

 

You shall have no claim of any nature whatever against Imuvon.com, in case Imuvon.com exercises its right under this clause. If you may any kind of claim, such claim shall be deemed non-existence or non-maintainable.

 

20.       INTELLECTUAL PROPERTY OWNERSHIP, RESERVATION OF RIGHTS.


Imuvon.com documentation and related information provided to you by Imuvon.com are the intellectual property of Imuvon.com. The structure, organization, and code of Imuvon.com are the valuable intellectually property (e.g. trade secrets and confidential information) of Imuvon.com. Imuvon.com is protected by law, including without limitation the copyright laws of India and other countries, and by international treaty provisions.

 

Neither You nor Your Authorised Users acquire hereby any ownership right, title or interest in or to any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright, database rights or rights in any confidential information or trade-secrets, in or relating to Imuvon.com or any part thereof.  You also do not acquire any rights in or related to Imuvon.com or any portion thereof, other than the rights expressly granted to You under this Agreement.  No title and/or any right of possession to the Imuvon.com Product(s) (if any) is granted by virtue of this Agreement. You agree that nothing in this Agreement shall adversely affect any rights and recourse to any remedies, including, without limitation, to injunctive relief, that Imuvon.com may have under any applicable laws relating to the protection of Imuvon.com's intellectual property or other proprietary rights.

 

21.          NO REVERSE ENGINEERING. 

 

You acknowledge and agree that Imuvon.com was developed at considerable time and expense by Imuvon.com.  This Agreement gives You no right to obtain from Imuvon.com or its distributors any source code for Imuvon.com, and, except to the extent that Imuvon.com is expressly precluded by law from prohibiting these activities. You agree that neither You nor Your Authorised Users will alter, modify, adapt, create derivative works, translate, deface, or Reverse Engineer Imuvon.com, or attempt to do so, or permit, acquiesce, authorise or encourage any other party to do the same.

 

22.       TERM & TERMINATION

 

This Agreement shall be effective upon your agreeing to be bound by the terms of this Agreement (as described in the preamble above) and shall continue in effect unless terminated in accordance with the provisions set out herein.

 

23.       REMEDIES AND TERMINATION

 

(a)           If You or Your Authorised Users breach this Agreement, Imuvon.com may, in addition to all other rights and remedies provided by this Agreement or by law, immediately terminate this Agreement; and/or cease to provide any Service(s) to You or Your Authorised Users.

 

(b)           Without limiting the generality of the foregoing, you will be deemed to be in breach of this Agreement and Imuvon.com will have the right to terminate this Agreement upon providing notice if:

 

(i)            You or Your Authorised Users fail to comply with or perform a term or condition herein;

 

(ii)           You or any of Your Authorised Users interfere with Imuvon.com's customer service or business operations; or

 

(iii)          any periodic fees or costs associated with Your use of Imuvon.com are not paid on or before expiry of its period.   

 

(c)           In addition, Imuvon.com may terminate this Agreement and/or immediately cease to provide the Service(s) without any liability whatsoever to You or Your Authorised Users if Imuvon.com is prevented from providing any portion or all of any Service by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other governmental body, or if a notice from a government agency or department indicates that Imuvon.com is not permitted to provide any portion or all of the Services. 

 

(d)           Nothing herein shall be construed to require Imuvon.com to seek a waiver of any such law, rule, regulation, or restriction, or seek judicial review or appeal of any court order.  Imuvon.com shall not have any liability to You or Your Authorised Users arising from or related to the termination of this Agreement in accordance with this Section.

 

24.       EFFECT OF TERMINATION

 

Upon termination of this Agreement, however caused (a) You will immediately discontinue all use of Imuvon.com; and (b) Imuvon.com shall have the right to block any transmission of data to and from Imuvon.com, without notice to You. 

 

Upon termination of any account you may have with Imuvon.com, you authorise Imuvon.com to delete any files, programs, data and email messages associated with such account, without notice to You.  In the event of the termination of this Agreement by Imuvon.com, You shall pay to Imuvon.com all fees (including reasonable lawyers' fees and costs) and related expenses expended or incurred by Imuvon.com in the enforcement of its rights hereunder. 

 

The certain provisions of this Agreement which is intended to be survived the termination of this Agreement shall survive the termination, cancellation or expiration of this Agreement for any reason.

 

25.       FORCE MAJEURE

 

"Event of Force Majeure" means an event beyond Imuvon.com’s control or the third party vendor /service provider, which prevents Imuvon.com or such third party from complying with any of its obligations under this Contract, including but not limited to:

 

  1. act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
  2. war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
  3. rebellion, revolution, insurrection, or military or usurped power, or civil war;
  4. contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
  5. riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
  6. acts or threats of terrorism.

 

Neither Imuvon.com nor the third party vendor /service provider shall be considered in breach of this Contract to the extent that performance of their respective obligations is prevented by an Event of Force Majeure.

 

26.       GOVERNING LAW.


This agreement will be governed by and construed in accordance with the substantive laws in force in the Republic of India. The courts at Delhi/New Delhi shall have exclusive jurisdiction over all disputes relating to this Agreement. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration at Delhi/New Delhi in accordance Arbitration law, rules and regulation generally applicable and use in India. The language of the arbitration shall be English. Notwithstanding any provision in this agreement, Imuvon.com may request any judicial, administrative, or other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies. The English version of this agreement will be the version used when interpreting or construing this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction, the application of which is expressly excluded.

 

27.       GENERAL PROVISIONS.


If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.

 

Except as explicitly stated otherwise, any notices directed to Imuvon.com shall be given by email to info@Imuvon.com and any notices to you by Imuvon.com shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Imuvon.com may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

 

Imuvon.com at its sole discretion shall be entitled to assign or transfer its rights and obligations under this Agreement hereunder to any other person without your prior consent

 

All remedies of Imuvon.com under this Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

 

No party to this Agreement shall be deemed to have waived any of its rights, powers or remedies under this Agreement unless such waiver is expressly set forth in a writing signed by the waiving party.

 

The captions and headings of Sections and subsections contained in this Agreement are provided for convenience of reference only and shall not be considered a part hereof for purposes of interpreting this Agreement, and, way the meaning or intent of this Agreement or any of its terms or provisions.

 

This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT INFO@imuvon.com.