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In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or electronic signatures.
For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires:
IF YOU DO NOT AGREE TO THIS AGREEMENT AND ITS TERMS, YOU ARE NOT PERMITTED OR AUTHORIZED TO USE OUR SERVICES. PLEASE DISCONTINUE USING THIS WEBSITE. YOU MAY NOT ACCESS OR USE OUR SERVICES IF YOU ARE A DIRECT COMPETITOR TO US. IN THE EVENT OF SUCH REQUIREMENT YOU SHALL GET OUR EXPLICIT, ADVANCE, WRITTEN CONSENT, AND SHALL BE USED ONLY FOR THE PURPOSES AUTHORIZED IN WRITING.
This Agreement which includes a mandatory mediation and subsequently arbitration (where mediation does not yield result) also includes a time limit on bringing claims, and a waiver of right to pursue claims as a class action or representative collective action or public interest litigation or suits in similar nature as shall be described in different countries as described in section 19 below. This Agreement constitutes a binding legal agreement between You and US.
ThynkBlynk is a technology company that has created www.chantrail.com, an online subscription service bolted on top of permission Blockchain designed to create inter-party trust in user interactions.
The Website offers different plans to the User which would enable them to have a better participation in the Website and to create a brand exclusively for the User. The Company reserves the right to amend the fee policy for use of the Website and the charges for any or all Services rendered. In such an event, the User will be intimated of the same when it attempts to access the Website, and the User shall have the option of declining to avail the Services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
The following payment options are available on the Website:
We are not responsible for what information is sent to us and it’s stored as it is sent to us via third Party and We cannot control the information sent. However, storage of this information is necessary for legalities and auditing as well as for verification and more. Currently, the information stored that may be deemed personal to the User is their first name, last name, mobile number, Email ID and their address zip code. If You wish to dispute a payment regarding Your account, You may talk to our Support staff directly.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website, including but not limited to downloading content and availing its service partner’s service.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. The User information is as secure as shall be offered by any reasonable company and may not be protected against intentional breach or hack done with a fraudulent intent
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, We have no obligation to do so. We aren't responsible for the content people post and share via the Services
We may suspend any use of Our Services, or remove or disable any Account or content that ThynkBlynk reasonably and in good faith believes violates this Agreement. We will use commercially reasonable efforts to notify You prior to any such suspension or disablement, unless We reasonably believe that:
No right, title or interest in any intellectual property right transfers to the other party, except for the limited rights stated in the Agreement. User is not obligated to provide ThynkBlynk or its Affiliates with any suggestions, enhancement requests, or other feedback about the Services or related technology. However, if User does provide any feedback to ThynkBlynk, ThynkBlynk may use and modify it without any restriction or payment.
We respect the intellectual property and copyright of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us at email@example.com. Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, You represent and warrant:
You and We both understand that there may be instances of difficulty in accessing or receiving Email communication. We are not responsible if any Email notice gets caught by Your SPAM folder, or if You do not see the Email, or if You have given us an incorrect Email ID or if for any other reason You do not receive the Email notice. Therefore, We encourage You to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new Services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
The Website can be used in all countries worldwide. We make no representation that the content available through Our Website is appropriate or available for all countries. Currently all content is hosted in India. If You access or use the Website in any countries where the Website is prohibited, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
You expressly understand and agree that, to the maximum extent permitted by applicable law:
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, certified or registered mail; or insured courier, or the Email firstname.lastname@example.org and with a copy of the notice in the case of ThynkBlynk, to (Email of ThynkBlynk Legal Team). Either party may change its address for receipt of notice by notice to the other party through a notice provided in accordance with this Section.
This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
The Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.Other than for the types of liability We cannot limit by law (as described in this section), We limit our liability to You to the greater of $12 USD or 100% of any amount You've paid under Your current service plan with Us.
You may not assign Your rights or obligations under this Agreement without ThynkBlynk’s prior written consent. If consent is given, this Agreement will bind Your successors and assigns. Any attempt by You to transfer Your rights, duties, or obligations under this Agreement except as expressly provided in this Agreement is void. ThynkBlynk may freely assign its rights, duties, and obligations under this Agreement.
Except for any payment obligations, neither party will be liable for failure to perform any obligation under this Agreement to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
If You have any questions about this Agreement, the practices of the Website, or Your experience with the Service, You can e-mail us at email@example.com.
We commit to respecting your online privacy data. We further recognize Your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with Us. Information that is considered personal about You by Us includes, but is not limited to, Your name, address, Email address, phone number or other contact information.In order to avail any Services from this Website, You are required to provide the personal and professional following information which includes, but is not limited to:
You are therefore advised to re-read the Terms of Service on a regular basis. Should it be that You do not accept any of the modifications or amendments to the Terms, You may terminate Your use of this Website immediately.
Our site's online requisition form requires Users to give Us contact information (like Your username, Email address, mobile number, company details and designation), and demographic information (like your zip code/pin code). As a member, You are required to provide a valid Email address at registration and choose a username or alias that represents Your identity on Our Website. This information is compiled and analysed on an aggregated basis. This information may include the URL that You just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, your IP address, and other information associated with Your interaction with the Site.We also collect and store personal information provided by You from time to time on the Site. We only collect and use such information from You that We consider necessary for achieving a seamless, efficient and safe experience, customized to Your needs including:
I. Recipients Designated by You or Associated With Your Account.
Where you share data or content with others, we will make such content available to the individuals you invite. If you are an authorized user of an account, the account subscriber or person who controls the account (e.g. administrator) will have access to information describing your use of the Services.
As we develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets or the assets disclosed in connection with the due diligence for any such transaction. If ThynkBlynk is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via Email and/or a prominent notice on our websites of any change in ownership or uses of your information, as well as any choices you may have regarding your information.
We may share your information in other ways and for new purposes if you have asked us to do so or have consented to such sharing. For example, we post customer testimonials on our Services that may identify you if we have received your consent.
You further acknowledge that the Website may contain information which is designated confidential by Us and that You shall not disclose such information without Our prior written consent.
Your information is regarded as confidential and therefore will not be divulged to any Third Party, unless if legally required to do so to the appropriate authorities.
We will not sell, share, or rent Your personal information to any Third Party or use Your e-mail address for unsolicited mail. Any emails sent by Us will only be in connection with the provision of agreed Services
“Confidential Information” means any trade secrets or other information of ThynkBlynk or Customer, whether of a technical, business, or other nature including that is disclosed to the other party (the “Recipient”) and that is marked “confidential,” or, whether or not marked, that a reasonable person would understand to be confidential given the circumstances of the disclosure. Confidential Information does not include any information that: (a) was known to Recipient before receiving it from the disclosing party or (b) is or becomes part of the public domain through no fault or action of Recipient.
If Recipient is required by law to disclose Confidential Information of the other party or the terms of this Agreement, Recipient will give prompt written notice to the other party before making the disclosure, unless prohibited from doing so by the legal or administrative process, and assist the disclosing party to obtain where reasonably available an order protecting the Confidential Information from public disclosure.
As a matter of policy, We do not sell or rent any personally identifiable information about You to any Third Party. However, the following describes some of the ways that Your personally identifiable information may be disclosed:
Following registration, You can review and change the information You submitted each time except Your Email ID. If You change any information we may keep track of Your old information. You can change Your registration information such as: name, contact number, address , gender, city.
We will retain in Our files information You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce Our terms and conditions. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, You should not expect that all of Your personally identifiable information will be completely removed from Our databases in response to Your requests.
We will retain your information for as long as your account is active or as necessary for legitimate business purposes. We shall retain data for perpetuity in case where the data has been transacted with a person or an entity including bonafide users of ThynkBlynk
Reviewing and Updating Your Account. We offer you the ability to access, review and change information associated with your account (such as your profile information, password, billing information, and user preferences) by logging into the Services and visiting your Profile. You can also make a request to modify information that cannot be amended or deleted through the Services by contacting us using the contact information in the Terms of Services. We will take reasonable steps to permit you to modify or delete information that is inaccurate or incomplete, in accordance with applicable laws and/(or) as shall be reasonable
Closing Your Account. If you wish to close your account, please visit your account settings. Upon your request, we will close your account, and delete your contact information, billing information, and all your data from our active databases. You may also request to close your account by emailing us at the contact information in the Terms of Services. Your account will be closed as soon as reasonably possible based on your account activity and in accordance with applicable law. However, please note that even after you close your account, we may retain and use certain of your information (such as information regarding transactions made through our Services) where permitted by law to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our user agreements and terms, and comply with legal requirements. If you have shared content or information through our Services with other users, such content or information may still be available to those other users if they have not also deleted it or closed their accounts.
When You sign up to become a Member, You will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of Your password. It is important that You protect it against unauthorized access of Your account and information by choosing Your password carefully, and keeping Your password and computer secure by signing out after using Our Services.
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. We do not recommend transfer of sensitive information (such as credit card number) and bank account details via the Website to other Users. Users are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to Us, both during transmission and once We receive it. However, "perfect security" does not exist on the Internet. You therefore agree that any security breaches beyond the control of Our standard security procedures are at Your sole risk and discretion.
Children’s Privacy. The Services are not designed for and are not marketed to minors. Minors information are only collected with express consent of their legal guardians. If you believe that we might have any information from or about a minor, please contact us using the contact information specified in this agreements.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Hyderabad, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of, Hyderabad, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
No Class Action or Representative Collective Action or Public Interest Litigation or Suits in Similar Nature. Any such disputes or claim shall be first mediated and subsequently arbitrated (where mediation does not yield result) on an individual basis, and may not be consolidated with any claim or controversy of any other party and cannot be brought as a class action or on a representative basis or as a public interest litigation or suits in similar nature.