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Terms of Usage

These Terms (“Terms”) mandate the terms on which you access and use the website https://bluetik.io/  (hereinafter referred to as “Website”) or other associated/ancillary applications, products, websites and services (collectively the “Platform”) are and will at all times be the property of and be managed by Team IHA LLP (hereinafter ‘BlueTik.io’).

These Terms are an electronic record in terms of the Indian Contract Act, 1872; The Information Technology Act, 2000 and rules made thereunder as applicable.

The Terms are:

  • published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and amendments from time to time; and
  • generated by a computer system and does not require any physical, electronic, or digital signatures.

Please read the Terms and Privacy Policy carefully before using or registering on the Platform or accessing any material, or information through the Platform. By accessing the Platform as a User, You accept these Terms and Privacy Policy and agree to be legally bound by the same.

Further, by furnishing Your Personal Information (as defined in the Privacy Policy) (“Personal Information”) to BlueTik.io’ or giving Your consent to BlueTik.io’ to access Your Personal Information for the purpose of rendering the Services (as defined below), You also agree that You are interested in availing the Services through the Platform in accordance with these Terms.

Further, by furnishing Your Personal Information (as defined in the Privacy Policy, “Personal Information”) to Bluetik or giving Your consent to Bluetik to access Your Personal Information for the purpose of rendering the Services (as defined below). You also agree that you are interested in availing the Services through the Website in accordance with these Terms of Use.

For the purposes of these Terms of Use, “Services” hereunder refers to accessing the Website and availing any listed services there along with any information, material or feedback provided. As Bluetik offers a suite of messaging software-as-a-service solutions through a single Website to enable its customers to manage communications with their User (as defined below) under the name and style of “Bluetik”, it shall also be included under the purview of “Services”.

By accessing or using any version of the Website, You signify that You have read and understood and agree to be bound by these Terms of Use, the Privacy Policy of Bluetik and any other applicable law.

For the purpose of this Terms of Usage, wherever the context so requires, “You”, “Your” or “Yourself” or “User” shall mean any natural or legal person who browses the Website or who has agreed to avail the Services available on the Website, by providing login credentials while registering on our Website as a user using Mobile/Computer/Tablet or/and other devices (hereinafter collectively referred to as the “Device”).

Your use of the Website is subject to the Terms, which may be updated, amended, modified or revised by Us from time to time without notice to You and subject to the terms of the Service Agreement. To ensure that You are aware of any additions, revisions, amendments or modifications that We may have made to these Terms, it is important for You to refer to the Terms from time to time. You can determine when this Term was last modified by referring to the “Last Updated”.

The updated Terms shall be effective immediately and shall supersede these Terms. It shall be Your responsibility to check these Terms periodically for changes. Your continued use of the Services post amendment of Terms shall signify Your consent to such amendment, and agreement to be legally bound by the same.

Supplemental Terms of Use or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the full and unconditional right, in Our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by Your continued use of the Website and the related Services after the date such revised Terms of Use are posted.

IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TERMS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, the Users who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Website is not tailored to comply with industry-specific regulations, so if Your interaction would be subject to such laws, You may not use this Website.

The Website is intended for Users who are at least 18 years old. Persons under the age of 18 years are not permitted to use or register for the Website

  1. DEFINITIONS

In the Terms of Use,

  • Capitalised terms defined by inclusion in quotations and/or parentheses have the meanings so ascribed; and
  • Capitalised terms as set out below shall have the meanings as indicated therein.
  • The headings provided are for convenience only and shall not in any way define or limit the scope

1.1  “Applicable Law” means and includes all applicable Indian laws, statutes, enactments, legislature or parliament amendments, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any government authority or any self-regulatory agency, statutory authority, tribunal, board or court in India.

1.2. “Applicable Data Protection Law” refers to all prevalent laws, regulations and guidelines issued by the Indian government associated with the aspect of privacy, data processing, data protection, data security, confidentiality or encryption. This includes but is not limited to the Information Technology Act, 2000. Herein, the parties in concern acknowledge and comply with the provisions under the Digital Personal Data Protection Act (DPDPA) of 2023 as and when enforced.

1.3 “Beta Products” means a pre-released version of the Services or any of its components circulated or provided to You to try under realistic contains which are not pre-simulated.

1.4  “Business Day” shall mean any day other than Saturday, Sunday or any public holidays, on which the banks in Delhi are open for business.

1.5  “Intellectual Property” means and includes all forms of Intellectual Property, in any part of the world, whether registered or not registered and in particular:

  • Trademarks, service marks, logos, domain names, trade names, design rights, patents, trade secrets including know-how, technology, formulae, industrial and commercial information, techniques and inventions, processes, manuals, documentation and technical data and information, copyright, works of authorship, topography rights, database rights, computer hardware and software including source code, computer programs, user interfaces, software applications, software platforms or infrastructure and any other information in relation to the above;
  • All rights under the licenses in respect of all of the above;
  • Any applications or registration for the protection of all the rights specified at sub-clause (i) and (ii) herein above; and
  • All rentals and extensions thereof.

1.6  “Party” or “Parties” as applicable refers to the parties of this legally binding agreement.

1.7  “Personal Data” means data or information relating to an identified or identifiable natural personal or legal person or that is otherwise considered personally identifiable information, personal information or personal data under applicable Data Protection Law.

1.8  “SaaS” means software-as-a-service.

1.9  “Subscription Commencement Date” means the date on which the User accepts and acknowledges these Terms of Use and/or avails any Services available on the Website.

1.10  “Scheduled Maintenance” means Bluetik’s scheduled routine maintenance of the listed Services for which the User shall be notified at least 2 (Two) hours in advance and shall not exceed 8 (Eight) hours per week.

1.11  “Third Party Services” means the third party services made available by Bluetik under the Services including but not limited to WhatsApp.

1.12  “Update” means and includes any modifications or revisions made to the Services:

  • To improve upon or repair existing features and/ or operations within the Services;
  • To ensure compatibility with the new releases of existing systems (including hardware, operating systems and middleware) and external services through standardised interfaces;
  • To comply with all applicable laws, regulations, industry standards or market practices, other than an Upgrade.

1.13  “Upgrades” means new versions of the Services intended to enhance the functionality of the Service and the associated user interface which may change the version number of such Service.

  1. TERM

The Terms of Use are effective until terminated in accordance with the terms set forth hereinafter referred to as the “Term”, and will automatically be renewed beyond the Term hereinafter referred to as “Auto Renewal”, upon the same terms and uses as set forth here; unless expressly revoked by the User in writing and otherwise the Term shall continue to be in effect till the User continues to use the Services.

  1. Acceptance and Applicability of the Terms

3.1 The Terms of Use here act as a legally binding agreement between Bluetik and User. By accessing the Website or availing the Services, You are agreeing to comply with these Terms of Use. These are applicable whether you have registered or actively use or visit or review any of the Services on the Website. If You don’t agree with any of these, we refrain you from using or accessing the Website and its related Services.

3.2  The Terms shall be applicable only if You have created a valid account (an “Account”) on the Website by providing such information as may be required as set out further in our Privacy Policy and the Terms of Use hereinafter.

3.3   When using the  Website and/ or its associated services, you commit to:

  • Provide accurate, current and complete information about yourself, as required in Clause 5 of these Terms of Use, to generate login credentials.
  • Regularly update your login credentials to maintain accuracy.
  • Acknowledge that we are not responsible for any consequences resulting from your misuse of Bluetik Website, or any of our services, causing harm or injury to a third party.
  1. Grant of License and its Limitation in use

4.1. During the Term, upon payment of fees by the User to Bluetik, subject to the Terms of Use hereunder, Bluetik shall grant to the Use, a limited, non-exclusive, personal, revocable, non-transferable and non-licensable license (a “License”) to access and use the Services on a subscription basis. Nothing contained here shall be construed as creating any arrangement for transfer of ownership or interest including rights under any Intellectual Property in or of the Service in favour of the User.

4.2.  The Services made available by Bluetik to the User is in the form of a SaaS model whereby Bluetik shall provide the User access to its various available Services by hosting the Services on a centrally hosted system, to which the User will be given necessary access. Bluetik reserves all other rights and interests not explicitly granted under these Terms of Use.

4.3. The User’s subscription for the particular availed Service shall begin from the Subscription Commencement Date, irrespective of the Trial Period. The User acknowledges and agrees that any delay in implementation of the Service that can be attributed to the User, illustratively, due to non-provision or delay in the provision of any material, information or documents requisitioned by Bluetik for the purpose of implementing the Service, will not result in any change of the Subscription Commencement Date and will be liable to pay the Fees in accordance with the terms under Terms of Use.

4.4.  Notwithstanding the foregoing, You hereby acknowledge and agree that the use of the Services shall be subject to additional terms and conditions and Privacy Policy available at [Insert LINK OF PRIVACY POLICY], including any updates from time to time. It shall hereby be duly understood that these Terms of Use are in addition to any prevailing Privacy Policy or Terms and not in derogation of the same.

4.5  The License granted shall only be limited to the use in Service as subscribed by the User for its business operation and shall not include, without limitation the right to:

  • License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the related content thereto;
  • Disable any security or circumvent or other technical features of the Service;
  • Reproduce, modify or make derivative works based on the Service or content;
  • Create online “links” to the Services or “frame” or “mirror” any content on any other server or wireless or internet device;
  • Reverse engineer or access the Service for any purpose whatsoever including without limitation, to – (a) Build a competitive product or service, (b) Build a product using similar ideas, features, functions or graphics of the Services, or (c) Copy any ideas, features, functions or graphics of the Services.
  • Use the Service for any purpose other than in connection with the User’s Internal business operations.

The breach of the provisions mentioned under Clause 4.5 shall constitute an immediate and material breach and termination of this Agreement. Hence, hereby the User agrees that the use of Service, or any part thereof, by any party other than the User will not be permitted unless specifically approved by Bluetik in writing.

  1. ELIGIBILITY TO REGISTER AS A SUBSCRIBER

5.1 Individuals deemed competent/capable under to enter into an agreement under the Indian Contract Act, 1872 are eligible to register on the Website and become a “Subscriber”.

5.2  It is mandatory for You to possess the competence to register as a valid Subscriber.

5.3  To avail of the Services, You need to register on the Website by creating a login account, which requires a paid subscription. Upon successfully creating an account and selecting an appropriate plan with the correct payment, You become a Subscriber or Subscribed User (the “Subscriber”).

5.4  If You opt to purchase a paid .You will be guided to the purchase page, where You can choose the Services and duration for Your subscription. Upon full payment (or partial payment, as applicable), You will be officially recognized as a “Subscriber”. Following the payment, You will receive a confirmation Email/SMS containing details of Your plan and credentials to access the Website.

  1. SERVICES

6.1  To avail the Services listed on the Website, the User has to mandatorily be a Subscriber meeting all the requirements under Clause 5.

6.2   The Services and amounts payable to access the Services may differ for different Subscribers and will be based on the type or combination (as applicable from Clause 9) chosen by You either at the time of enrolling as a Subscribed User or thereafter, based on the type a Subscribed User adds to his/ her account.

6.3    Under this Terms of Use, “Services” shall mean and include all type of Services, without limitation as listed on the Website – https://BlueTik.io’/about/  that will accessible to You upon payment of Subscription fee and on becoming a Subscriber. The foregoing meaning and scope of Services may be subject to change and the definition shall not in any way limit or restrict Our right to remove or add features to the Website.

6.4  Bluetik does not warrant that any of the material on the Website is accurate, complete or current. While, Bleutick may make changes to the material made available as the Services or on the Website at any time without notice, however it is under no obligation to update the material.

6.5  We may, at Our discretion, revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.

  1. THe USER’S Rights and Obligation

7.1.   User’s unauthorised access:

The User shall at all times take reasonable measures to ensure that the information transmitted to or from Bluetik servers are secure and shall not authorize any third person, whether knowingly or otherwise, to have any unauthorised access to Bluetik servers. The User may authorise any of its personnel to use the Services and must ensure that the authorised personnel follows reasonable security measures as would have been followed by the User itself and in case of any default by the authorised personnel, it shall be deemed to be the default by the User under this Terms of Use.

7.2  User’s Compliance with the Law:

The User shall ensure that it has taken all necessary approvals, licenses from concerned authority/authorities within or outside the territory for utilising the Services from Bluetik. The User shall be liable for any default committed by it or by any of its personnel, employees, consultants and any other personnel authorised on its behalf and shall be solely responsible for any claims or liabilities that may rise on account of any such default arising out of the use of the Services and the Platform.

7.3. User Cooperation:

The User shall cooperate with Bluetik for any integration as may be required under these Terms of Use into its system and shall provide Bluetik unfettered access to its systems and computing platforms as and when required.

7.4. User Payment:

It is an obligation upon the User to pay any and all payments due under these Terms of Use as and when requested by Bluetik or on the decided due dates.

  1. REPRESENTATIONS AND WARRANTIES

Each Party hereby represents and warrants to the other that:

8.1  The creation, distribution, transmission, public display, or performance and the accessing, downloading, or copying of Your post, display, transmit, perform, publish, distribute, or broadcast content and materials but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (hereinafter collectively referred to as “Contributions”), do not and will not infringe the proprietary rights, including but not limited to the Copyright, patent, trademark, trade secret or moral rights of any third party.

8.2  You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorise Us, the Website and other Users of the Website to use Your Contributions in any manner contemplated by the Website under these Terms of Use.

8.3   You have the written consent, release, and/or permissions of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Website under these Terms of Use.

8.4  You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contribution to use the name or likeliness of each and every such identifiable individual person to enable inclusion and use of Your Contribution in any manner contemplated by the Website under these Terms of Use.

8.5  Your Contributions are not false, inaccurate or misleading.

8.6  Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

8.7  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous or otherwise objectionable (as determined by Us).

8.8  Your Contributions are not used to harass or threaten (in the legal sense)  any other person and to promote violence against a specific person or class of people.

8.9  Your Contributions do not violate any applicable law, regulation or rule.

8.10  Your Contributions do not violate the privacy or publicity rights of any third party.

8.11  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 years.

 

8.12.  Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.

8.13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.

8.14. Your Contributions do not otherwise violate or link to material that violates any provisions of these Terms of Use or any applicable law or regulation.

Any use of the Platform or the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Website.

  1. RIGHT TO SUSPEND YOUR ACCESS TO THE SERVICES

9.1  Bluetik hereby reserves the unhindered and unconditional right to suspend Your access to the Services, which can be in full or in part, immediately without any prior notice to You for the following reasons but not limited to –

  • If such access poses security risk to Bluetik, Service or any third party;
  • If such access adversely impact other Services offered by Bluetik including the Services, system or content of other Users;
  • If such access may subject Bluetik or its Affiliates or any third party to liability;
  • If such access leads to any fraudulent act
  • If You or Your, as applicable, has breached these Terms of Use;
  • If You cease to operate in the ordinary course or become subject to reorganisation, bankruptcy, dissolution or any similar proceedings.
  1. CONFIDENTIALITY

10.1. For the purpose of these Terms of Use, “Confidential Information” shall include:

  • Any or all confidential and proprietary information or material (includes information, data or materials relating to products or processes) which are made available whether intentionally or otherwise, to a party, affiliates, subcontractors,, employees, agents or other representatives, by or on behalf of other party;
  • This relates to business, operations, affairs, technologies, plans or strategies whether observed or provided orally, in written, graphic or electronic form, samples, whether marked or not marked, labelled or otherwise identified as “Confidential”, “Secret”, “Proprietary”;
  • Additionally, it is acknowledged and agreed that the existence and Terms of Use will be considered to be Confidential Information by both the parties.

10.2  “Confidential Information” shall not include:

  • Information made which were generally available to public or otherwise part of any public domain, when received by the receiving party;
  • Information which become generally available to public, other wise part of any public domain, other than through breach of these Terms of Use;
  • Information which can be demonstrated by the receiving party to have already been in its possession or otherwise known by it, prior of such receipt from the disclosing party;
  • Information received by the receiving party from a third party which is: (a) In lawful possession, (b) Under no confidential obligation to any disclosure,
  • Information independently developed by the receiving party without use of Confidential Information of the disclosing party that has or could have commercial value or utility and therefore to be treated with confidentiality.

10.3. Disclosure of Confidential Information:

Each Party (“We” and “You”) to this legally binding agreement hereby agree and acknowledge that it shall:

  • Take same level of care to prevent any disclosure of Confidential Information of the disclosing Party as it would employ for its own, which in no event shall be less than a reasonable standard care;
  • Use Confidential Information solely to perform its obligations under these Terms;
  • Not acquire any right or assert any lien against Confidential Information;
  • Promptly return, or provide a copy of, as the disclosing Party directs of the Confidential Information upon its request;
  • Notwithstanding the foregoing, the receiving party of any Confidential Information may disclose its employees, agent and subcontractors, who: (a) Need to have such access to perform their duties, (b) Have the legal duty to protect it. The receiving Party hereupon shall assume full responsibility for the acts or omissions of its subcontractors and employees with respect to such Confidential Information;
  • On the event of any unwanted disclosure or loss or breach of the Confidential Information, it shall be immediately notified to the disclosing Party.

10.4  Required Disclosure:

The Receiving Party may disclose the Confidential Information to the extent required under Applicable Law or by order of a court or government agency, provided prompt notice is provided to the Disclosing Party. Additionally, it shall use its best efforts to cooperate with the Disclosing Party in event where it wishes to obtain a protective order or otherwise to protect the Confidential Information. Further, the Receiving Party may disclose the Terms of Use to the extent required to enforce its terms of rights.

It shall be noted, that, the Confidentiality obligations shall survive the termination of these Terms of Use.

10.5. Equitable Relief in case of a breach:

Each Party (“We” and “You”) hereby, acknowledge and agree that any breach of Confidential Information under these Terms of Use by the receiving Party, or by any of its personnel, agents or subcontractors, will cause immediate and irreparable injury to the disclosing Party, and on such a event, the  disclosing Party shall be entitled to inductive relief, without bond or other security, and to any and all remedies available under law or equity.

10.6. Return of Confidential Information:

Unless expressly authorised by these Terms or Use or otherwise to retain the disclosing Party’s Confidential Information, the receiving Party, either at the request of disclosing Party or upon termination of term or expiry of these Terms of Use, shall promptly return or destroy with a confirmation in writing, any and all Confidential Information received and all associated copies thereof.

  1. TERMINATION

11.1 These Terms of Use shall be terminated by the User before the end of the Trial Period. Termination can also be exercised after the Trial Period, it the User does not, in accordance with the Terms of Use, does not exercise the option of Subscription and notify the same in writing to Bluetik. Upon receiving such written notification, Bluetik shall terminate the User’s access to Services (hereinafter referred to as “Subscription End Date”). The User may also terminate these Terms by discontinuing the use of the Platform. However, any further use of the Services shall revive the Agreement forthwith.

11.2  Termination Consequences:

  • Any and all, rights and benefits granted herein shall revert to the respective Parties;
  • Your access or usage of the Services shall immediately cease and You shall have no other or further right to access or use the Services;
  • You are required to destroy all Confidential Information, promotional, documentation, manual, instruction booklets or other materials (if any) in any version or medium as provided by Bluetik pursuant to the Terms of Use. However, if You retain any such copies after the Subscription End Date pursuant to any automatic archiving or backup procedures, then Your obligations under Clause 10 shall continue to have in perpetuity.
  1. SERVICE STANDARDS

12.1  The Services shall be utilised under the Terms of Use and shall be measured against the Service level and standards sets in good faith by mutual agreement between the Parties (hereinafter referred to as “SLA”).

12.2 Bluetik shall take all reasonable efforts, commercially viable to make the Service available with an uptime of 95% (Ninety-Five percent) of each financial year (hereinafter referred to as “Target”).

12.3  Exclusions while calculating the uptime referred under Clause 12.2:

  • Use of the Services by User in a manner which is not authorised under Terms of Use or other applicable documents;
  • Issues of Internet, force majeure or other factors which fall outside of Bluetik’s reasonable control;
  • User’s equipment, software, network connection or other infrastructure;
  • Any third-party systems, acts or omissions;
  • Any scheduled maintenance or reasonable emergency maintenance.
  1. THIRD PARTY WEBSITE, PROMOTION, LINKS AND ADVERTISEMENT

13.1 We may use/integrate another third party’s platform on Our Website. We may also use third-party websites to provide ancillary services for the Platform. In such an event, You will be bound by such third party’s terms and conditions, privacy policy, and any other applicable policies. You also agree and hereby authorize Bluetik to share your details and personal information with such third parties to the extent necessary for Bluetik to deliver the Services to You.

13.2  All the third party websites linked to the Website are not verified by Bluetik and inclusion of any link does not imply endorsement by Bluetik and usage/ access of/ to any such third-party services or website is at the User’s own risk.

13.3  The Website may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between You and such third parties and Bluetik shall in no way, shape or form be liable for the same.

  1. FORCE MAJEURE

Bluetik shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.

  1. DATA PROTECTION AND PRIVACY

15.1 Unless explicitly stated under Terms of Use, You shall be responsible to ensure that relevant consents are obtained under Applicable Data Protection laws from Your data subjects. You hereby agree and acknowledge that Bluetik shall have no liability towards issues arising as a result of collection and processing of any Personal Data by the User.

15.2 You are responsible to maintain a record of all consents collected as per Applicable Data Protection Laws. Further, You are liable to pay for any damages that Bluetik incurs due to inaccurate and/or insufficient consents received from any User.

15.3 Bluetik shall not use the Personal Data collected on behalf of the User  or its authorised personnel for any other purpose other than those under this Terms of Use.

15.4. The Parties (“We” and “You”) shall be compliant under the provisions of the Applicable Data Privacy Laws and thereupon maintain reasonable security practices as prescribed under any applicable law.

15.5  You hereby confirm and agree that upon hearing the data on WhatsApp infrastructure, all data shared by You in relation to WhatsApp messaging will now reside on Cloud API (“Data Residence”), a Meta Product. Additionally, You understand that any of Your previously routed & stored data on Whatsapp Infrastructure shall henceforth be migrated to the data centres of Meta. Further, You hereby acknowledge for WhatsApp Infrastructure, data localisation is not offered by Bluetik for any such data obtained or shared by Bluetik in the process of providing You Services of WhatsApp messaging.

  1. INDEMNIFICATION

16.1  You agree to protect, defend and indemnify Us and hold Us and Our officers, directors, partners, employees, agents, investors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to Your access and use of the Website and/ or the Services in violation of the Terms and/or your infringement, or infringement by any other User of Your Account, of any intellectual property or other right of anyone.

16.2  The terms of this provision will survive any termination or cancellation of the Terms or Your use of the Services.

  1. LIMITATION OF LIABILITY

17.1  In no event shall Bluetik be liable for any direct, indirect, punitive, incidental, special, or consequential damages or for any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the access, use, or performance of the Services, functions, and features or for interruptions, delay, and so on, even if You were advised of the possibility of damages resulting from the cost of getting substitute facilities on the Services, any services, data, information, or Services purchased or obtained or messages received or transactions entered into through or from the Services, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the services, or inability to use the services, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability, or otherwise. This clause shall survive in perpetuity.

17.2  In no event shall the maximum aggregate liability of Bluetik under these Terms of Use towards You arising whether from contract, indemnity, tort or otherwise, exceed amount of Fees payable by You to Bluetik in 12 (twelve) months preceding the date  on which claim arose.

  1. INTELLECTUAL PROPERTY RIGHTS

18.1  All the Intellectual Property Rights, whether past, present or future, and title to the Service, the present or future modification, updates and upgrades shall unconditionally remain under the exclusive ownership of Bluetik at all times. These Terms of Use do not and shall not transfer any ownership or proprietary interest in the Service from Bluetik to the User, except as otherwise expressly provided herein and may be agreed in writing by and between the Parties.

18.2.  You hereby, understand and acknowledge that the License granted herein pertains solely to the Service offered by Bluetik and does not include any license to a third-party software or intellectual property. You shall solely be responsible for obtaining and maintaining such third-party software and Intellectual Property at its sole cost and expense.

18.3   You shall have no right with respect to any other software or products developed by Bluetik which You have not expressly subscribed to or licensed under the Terms of Use. Where You subsequently desire to license or deal in any other manner with any other software, then Parties will negotiate in good faith to determine the terms upon which such Service will be provided.

18.4  You shall at no time, during the Term or after its termination, contest the validity or ownership of the Intellectual Property of Bluetik.

18.5. You shall not use any registered trademark, design, product name or trade name which can cause confusion due to similarity with Bluetik’s trademarks, product names or trade names.

18.6  You agree to promptly notify Bluetik about any claims, demands or notices arising in connection with the Intellectual Property of Bluetik. Thereupon, You shall provide all necessary support, execute documents and do such acts and things as may reasonably be requested by Bluetik in this regard.

  1. INDEPENDENT CONTRACTOR

19.1. It is hereupon agreed, acknowledged and understood by both the Parties (“We” and “You”) that this legally binding relationship is on a “Principal-to-Principal basis”, where each Party is an independent contractor and is not a legal representative, partner or agent of other Party.

19.2  Neither Party shall possess any right, power or authority, whether express or implied to create any obligation on behalf of other Party or bind the other Party.

  1. GOVERNING LAW AND JURISDICTION

20.1 The Terms (and by extension, the Privacy Policy) are governed and construed in accordance with laws of India. By using the Services, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in the event of any disputes arising out of or in relation to your access to and use of the Services.

  1. SEVERABILITY

If any provision of the Terms is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the Terms shall remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

  1. WAIVER

Any failure on the part of Bluetik to require performance of any provision of the Terms shall not affect its right to full performance thereof at any time thereafter, and any waiver by Bluetik of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

  1. UPDATES

We reserves the right to update the Website and/ or the Services, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to You on Your Device for download and installation.

You hereby agree to install the updates from time to time and acknowledge that Bluetik will only be able to provide Account support for the Services if you ensure to install all updates upon receiving notifications thereof when using the Services.

  1. ASSIGNMENT

You shall not assign or transfer any rights, obligations, or privileges that You have under the Terms, without the prior written consent of Bluetik. Subject to the foregoing, the Terms will be binding on Your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. Bluetik’s rights under the Terms are freely transferable by Bluetik to any third parties without the requirement of intimating you or seeking your consent.

  1. VALIDITY OF TERMS

The Terms shall apply when You complete the authentication process and create an Account and shall remain valid and binding on You for so long as you maintain the Account.

  1. GRIEVANCE REDRESSAL MECHANISM

26.1  Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below in writing or through email signed with the electronic signature to:

Attention: Mr. Aman Nick

Designated Partner

Email ID: aman@teamihallp.com

28.2  In furtherance of the Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) Rules, 2020 nodal officer appointed to ensure compliance (to the extent relevant and applicable on Bluetik) with the Act and E-commerce Rules are as follows:

Attention: Mr. Aman Nick

Designated Partner

Email ID: aman@teamihallp.com 

28.3  The grievance officer will acknowledge the receipt of any complaint within 24 hours and redress the complaint within 15 days from receipt of the complaint.