This policy is effective from 14/05/2021.
Naapbooks Private Limited ("NBPL") is the owner and publisher of www.VizMan.co.in
(hereinafter referred to as the "Website", the term shall unless repugnant to the context
thereof mean include all websites and online resources owned by NBPL including but not
limited to www.VizMan.co.in and any mobile application). These Terms and Conditions
(hereinafter referred to as "Terms'' shall govern the use of the Website by any person
(hereinafter referred to as "User" willing to access the website and / or use any of the
Services offered by the Website. All Users are requested to read through, understand and
accept these Terms and the Privacy Policy of www.VizMan.co.in prior to using the Website.
It is disclaimed that these Terms constitute as an electronic document defined under the
Information Technology Act (IT) 2000 and/or any other law as amended by the IT Act 2000.
These Terms do not require any signatures (physical or digital) and the User shall be bound
by these Terms and Privacy Policy by accessing the Website. Also, use of the Services
offered by the Website by any User shall be construed as such person’s acceptance of these
Terms. Any User not agreeing to these Terms shall not use any Services provided by the
Website in any manner whatsoever.
Any User accessing the Website and willing to avail the Services offered by the Website must
have attained the prescribed minimum age i.e. 18 (Eighteen) years to enter into a valid
contract and must be competent to enter into a contract under all applicable laws. Any User
below the prescribed minimum age is advised to use the Website and/or any Services offered
by the Website through their guardians or parents. No User below the prescribed age is
allowed to use the Website in their personal capacity and in the event so done, shall be
liable for their actions.
NBPL, any of its business divisions and / or its subsidiaries, associate companies or
subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve
their respective rights to revise/ amend/alter/delete these Terms, in part or as a whole, at
any point in time. Users are advised to keep themselves updated. The Website is under no
obligation to intimate any User regarding any revisions/amendments/alterations or deletions
made by the Website.
1. DEFINITIONS
1.1 "Content" shall mean and include but not limit to any text, software, scripts, graphics,
photographs, sounds, music, videos, audio-visual combinations or any other such material
available on the Website.
1.2 “Force Majeure” shall mean any and all events beyond the control of the Website,which
restricts NBPL from performing its duties and obligations contained herein under, including
but not limited to any act of God, war, riot, black outs, terrorist attacks, failure in
supply of water or electricity, electrical surges or spikes.
1.3 “Intellectual Property” shall mean collectively or individually, the following worldwide
rights relating to intangible property, whether or no filed, perfected, registered or
recorded and whether now or hereafter existing, issued or acquired: (i) patents, patent
disclosures, patent rights, know-how, including any and all continuations,
continuations-in-part, divisions, reissues, re-examinations, utility, model and design
patents or any extensions thereof; (ii) rights associated with works of authorship,
including without limitation, copyrights, copyright applications, copyright registrations;
(iii) rights in trademarks, trademark registrations, and applications therefore, trade
names, service marks, service names, logos, or trade dress; (iv) rights relating to the
protection of trade secrets and Confidential Information; and (v) internet domain names,
internet and world wide web URLs or addresses; and (vi) any and all other intellectual or
proprietary rights anywhere in the world including rights of privacy and publicity, whether
or not requiring registration and whether or not such registration has been obtained.
1.4 "Services" shall mean any and all services made available to the Users on the Website.
2. GENERAL
CONDITIONS FOR USING WEBSITE
2.1 Users shall ensure that the use of the Website shall be in compliance with the applicable
laws in the User’s jurisdiction.
2.2 The Website is made available only for individuals who have attained the minimum
prescribed age to enter into a contract. Any User below the minimum prescribed age may
access and use the Website only under the supervision of a parent or a guardian who has
attained majority. Any use and access in violation of this Provision shall be considered
fraudulent and the Website reserves all rights to take necessary actions available under
law.
2.3 The Users shall ensure that they do not sub-license, sell, offer for sale, rent,
commercially exploit the rights provided/ granted by the Website, if any. The Users shall
not at any given circumstance modify or alter any Service offered by the Website.
2.4 The User are prohibited from violating or attempting to violate the security of
theWebsite, including, without limitation,(1) accessing data not intended for such User or
logging into a server or account which the User is not authorized to access,(2) attempting
to probe, scan or test the vulnerability of a system or network or to breach the security or
authentication measures without proper authorization,(3) attempting to interfere with
Service to any User, host or network, including without limitation, via means of submitting
any virus or malware to the Website, overloading, "flooding", "mail bombing" or "crashing",
or(4) sending unsolicited electronic mail, including promotions and/or advertising of
products or services or(5) modify or attempt to hack the Website. Violations of system or
network security may result in civil and criminal liability. The Website and/or NBPL shall
reserve the right to investigate occurrences that they suspect as involving such violations
and will have the right to involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.
2.5 All Services offered by the Website are provided on an “AS-IS” basis and the Users may
choose to avail the Services at their option and at their risk.
2.6 Users shall not use the Website for any purpose which is contrary to the activities
permitted under these Terms or that which is prescribed and allowed by law.
2.7 Users shall not block or restrict the use of the Website for any other User.
2.8 Users shall not advertise, market, promote anything without expressed written consent of
the Website.
2.9 The Users shall not hack, reverse engineer, replicate, reproduce any Product, Service or
any materials on the Website.
2.10 User shall not in a manner infringe the copyright, trademark, trade secret or any other
intellectual property rights of the Website or others or violate the privacy or publicity of
other personal rights of others, or transmit any material that is libellous, defamatory,
pornographic, profane, obscene, threatening, abusive or hateful.
2.11 The Website may contain or may provide links to other Websites. These links are provided
solely as a convenience to Users. Wherever such link/s lead to sites which do not belong to
NBPL and/or its associate entities, NBPL is not responsible for the content of linked sites
and does not make any representations regarding the correctness or accuracy of the content
on such Websites. If the Users decide to act upon the information provided on such websites,
they may do so at their own risk. The Website or NBPL and/or its associate entities shall
not be responsible for any losses that the Users may incur as a result of their use of such
websites. The Website Does not in any way solicit or promote use of such websites.
Similarly, this Website can be made accessible through a link created by other websites.
Access to this Website through such link/s shall not mean or be deemed to mean that the
objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose
in establishing such link/s to this Website are necessarily the same or similar to the idea,
concept, aim or purpose of our web site or that such links have been authorised by NBPL and
/ or its associate entities. In the event that any link/s afforded by any other web site/s
are derogatory in nature to the objectives, aims, purposes, ideas and concepts of this
Website is utilised to visit this Website and such event is brought to the notice or is
within the knowledge of NBPL and / or its associate entities, civil or criminal remedies as
may be appropriate shall be invoked
CONDITIONS FOR USING MOBILE APP
By downloading or using the app, these terms will automatically apply to you – you should
make sure therefore that you read them carefully before using the app. You’re not allowed to
copy, or modify the app, any part of the app, or our trademarks in any way. You’re not
allowed to attempt to extract the source code of the app, and you also shouldn’t try to
translate the app into other languages, or make derivative versions. The app itself, and all
the trade marks, copyright, database rights and other intellectual property rights related
to it, still belong to Naapbooks Private Limited.
Naapbooks Private Limited is committed to ensuring that the app is as useful and efficient as
possible. For that reason, we reserve the right to make changes to the app or to charge for
its services, at any time and for any reason. We will never charge you for the app or its
services without making it very clear to you exactly what you’re paying for.
The VizMan app stores and processes personal data that you have provided to us, in order to
provide our Service. It’s your responsibility to keep your phone and access to the app
secure. We therefore recommend that you do not jailbreak or root your phone, which is the
process of removing software restrictions and limitations imposed by the official operating
system of your device. It could make your phone vulnerable to malware/viruses/malicious
programs, compromise your phone’s security features and it could mean that the VizMan app
won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
Google Play Services
Google Analytics for
Firebase
Facebook
You should be aware that there are certain things that Naapbooks Private Limited will not
take responsibility for. Certain functions of the app will require the app to have an active
internet connection. The connection can be Wi-Fi, or provided by your mobile network
provider, but Naapbooks Private Limited cannot take responsibility for the app not working
at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data
allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of
the agreement with your mobile network provider will still apply. As a result, you may be
charged by your mobile provider for the cost of data for the duration of the connection
while accessing the app, or other third party charges. In using the app, you’re accepting
responsibility for any such charges, including roaming data charges if you use the app
outside of your home territory (i.e. region or country) without turning off data roaming. If
you are not the bill payer for the device on which you’re using the app, please be aware
that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Naapbooks Private Limited cannot always take responsibility for the way
you use the app i.e. You need to make sure that your device stays charged – if it runs out
of battery and you can’t turn it on to avail the Service, Naapbooks Private Limited cannot
accept responsibility.
With respect to Naapbooks Private Limited’s responsibility for your use of the app, when
you’re using the app, it’s important to bear in mind that although we endeavour to ensure
that it is updated and correct at all times, we do rely on third parties to provide
information to us so that we can make it available to you. Naapbooks Private Limited accepts
no liability for any loss, direct or indirect, you experience as a result of relying wholly
on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS
– the requirements for both systems(and for any additional systems we decide to extend the
availability of the app to) may change, and you’ll need to download the updates if you want
to keep using the app. Naapbooks Private Limited does not promise that it will always update
the app so that it is relevant to you and/or works with the Android & iOS version that you
have installed on your device. However, you promise to always accept updates to the
application when offered to you, We may also wish to stop providing the app, and may
terminate use of it at any time without giving notice of termination to you. Unless we tell
you otherwise, upon any termination, (a) the rights and licenses granted to you in these
terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
3. INDEMNITY AND LIMITATION OF LIABILITY
3.1 Users shall be liable to defend, indemnify and hold the Website, NBPL, its
officers,directors, employees, agents and licensors harmless from all judgments, awards,
losses, liabilities, costs and expenses, including but not limited to reasonable attorney
fees, expert witness fees, and costs of litigation arising out of Users use of the Website,
Products, Services, or any violation of any rights of a third party.
3.2 Users Hereby Accept And Agree That Under No Circumstances Shall The Website,nbpl, Its
Service Providers, Partners, Agents, Affiliates, Representatives, Agents, Employees Or
Directors Be Liable For Any Loss, Indirect, Incidental, Punitive, Special, Consequential Or
Exemplary Damages, Including But Not Limited To Any Loss Of Profits, Loss Of Goodwill, Loss
Of Revenue, Loss Of Opportunity Or Loss Of Information Whether Arising Out Of This
Agreement, Under Tort (including Negligence) Or Due To The Use Of The Services Regardless Of
Whether The Website Had Been Advised Of The Possibility Of The Same.
4. INTELLECTUAL PROPERTY
4.1 Any and all Intellectual Property present anywhere within the Website or the Products or
Services, including but not limited to any patents, trademarks, logos, icons, domain names
or copyright, shall be that belonging to the Website or otherwise duly licensed or obtained
and Users shall not in any manner use the same unless with the express written consent from
the Website.
4.2 Users are hereby expressly prohibited from reverse engineering, decompiling,
disseminating, disassembling or using any other means to know, understand or obtain the
source code forming a part of the Website.
4.3 In the event, any User infringes or makes any unauthorised use of any Intellectual
Property belonging to the Website, the Website reserves the right to exercise all rights and
remedies available to it under any law.
4.4 Material and content available anywhere on the Website or the Products or Services may be
made available subject to certain limitations including limitations pertaining to its use,
reproduction, distribution and dissemination. Users shall be solely responsible in ensuring
that they are complying with such limitations.
5. FEES & REFUNDS
5.1 The Fees for the Services are as stated in an Subscription Form. Unless otherwise stated
in the applicable Subscription Form, Fees for the initial Term are due and payable net
thirty (30) days from the date of electronic delivery of the Services by NBPL and are
payable to NBPL or Reseller, as applicable. Fees for any renewal Terms are due in accordance
with the above, except that they are due net thirty days from the effective date of the
renewal.
5.2 Upon execution of this Agreement, payment obligations under any Subscription Form are
non-cancelable and, except as expressly provided in this Agreement, upon payment, all
payments made by User are non-refundable. User represents and warrants to NBPL that such
information is true and that User is authorized to use such payment instrument. User will
promptly update its account information with any changes (for example, a change in User
billing address or credit card expiration date) that may occur. User hereby authorizes NBPL
to bill User’s payment instrument in advance on a periodic basis in accordance with the
terms described in the Services, and User further agrees to pay any charges so incurred. Any
payment not received from User by the due date may accrue (except for amounts then under
reasonable and good faith dispute) late charges at the rate of 1.5% of the outstanding
balance per month, or the maximum rate permitted by law, whichever is lower, from the date
such payment was due until the date paid. Failure to make payments in accordance with this
Section may result in suspension of User's ability to access or use the Services until
payment is made. In the event User issues purchase orders in its normal course of business,
User shall provide NBPL with a purchase order upon execution of this Agreement, or
Subscription Form, or if User does not provide NBPL with such purchase order, User
authorizes NBPL to accept this Agreement in lieu of a purchase order.
5.3 User is responsible for monitoring User’s use of the Services. If User is aware that its
use of the Services is found to be greater than the number of locations licensed or other
metrics licensed hereunder, User shall notify NBPL or Reseller of such excess use. NBPL or
Reseller will invoice User for the additional Fees for the period commencing on the date of
excess use as reported above or as otherwise identified by NBPL, through the remainder of
the Term, and the unpaid Fees shall be payable in accordance with Section 5.1.
5.4 NBPL may, at its sole option and expense: (i) procure for User the right to continue
using the Services under the terms of this Agreement; (ii) replace or modify the Services to
be non-infringing without material decrease in functionality; or (iii) if the foregoing
options are not reasonably practicable, terminate the license for the Services and refund
User or request the Reseller to refund the prepaid fees for the remainder of the
then-current Term after the date of termination.
6. Support
As long as User is current on the payment of Fees, NBPL shall provide Support in accordance
with its standard Support services.
7. REPRESENTATIONS AND WARRANTIES
7.1 The Website Hereby Disclaims All Warranties Relating To The Website And The Services And
Does Not Make Any Representations Or Warranties That The Services Shall Be Continuous,
Uninterrupted, Error Free, Free From Any Viruses Or Shall Serve The Purposes Intended By The
User. Neither Does Wan Make Any Representations Or Warranties Pertaining To The Accuracy,
Reliability, Fitness, Merchantability Or Compatibility Of The Website Or The Services.
7.2 All Of The Information Provided By The Website Anywhere Within The Website Shall Be
Provided On An ‘as Is’ Basis And Users May Rely On The Same Only After Consulting With An
Expert.
7.3 The Website Hereby Excludes Any And All Representations And Warranties To The Extent
Permitted Under Law
8. CONTACT
8.1 Any User wishing to contact the Website for anything may do so by referring to the
Website contact page.
9. MODIFICATIONS
9.1 The Website reserves the right to modify or amend the whole or any part of theseTerms
without any prior notice. In the event of any amendments or modifications to the same, the
revised Terms shall commence to be binding upon the User from the time it is made available
on the Website. Hence, all Users are requested to frequently check for revisions of the
Terms.
9.2 The Website reserves the right to introduce new limitations with regard to the access and
use of the Website and the Services at any time and without any notice.
10. ENTIRETY
10.1 These Terms and any other policy implemented by the Website from time to time shall form
the entire agreement and understanding between the Users and the Website.
11. SEVERABILITY
11.1 In the event that any part of these Terms is found to be invalid, unlawful or otherwise
unenforceable, such invalid, unlawful, unenforceable portion shall be completely severable
from this Agreement and shall be replaced with a provision that most closely reflects the
Website’s intention while remaining valid, lawful and enforceable
12. WAIVER
12.1 Any delay on the part of the Website in taking appropriate action against any User shall
not be construed as a waiver of the Website’s right and shall not impede the Website’s right
of taking action at a later stage.
12.2 The Website reserves the right to introduce new limitations with regard to the access
and use of the Website and the Services at any time and without any notice.
12.3 The Website Hereby Excludes Any And All Representations And Warranties To The Extent
Permitted Under Law
13. ARBITRATION, GOVERNING LAW AND JURISDICTION
13.1 In the event of a dispute or claim arising with regard to this Terms or any other
Website policy, the Users and the Website shall first attempt to resolve the same amicably
through discussions.
13.2 In the event that the Parties are unable to solve the disputes or claims in an amicable
manner, the Parties shall attempt to resolve the same through Arbitration in accordance with
the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time.
The Arbitrator shall be appointed by the Website and Users hereby consent to the same. The
seat for such Arbitration shall be Mumbai andall Arbitration proceedings shall be in
English.
13.3 In the event that the Parties are unable to solve the disputes or claims in an amicable
manner, the Parties shall attempt to resolve the same through Arbitration in accordance with
the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time.
The Arbitrator shall be appointed by the Website and Users hereby consent to the same. The
seat for such Arbitration shall be Mumbai andall Arbitration proceedings shall be in
English.
13.4 These Terms shall be governed by and construed in accordance with all applicable laws of
India and the courts at Mumbai shall have exclusive jurisdiction over any matter arising out
of these Terms.
14. ABOUT CONFIDENTIAL INFORMATION
14.1 Vizman does not want to receive confidential or proprietary information from you through
our Website. Please note that any information or material sent to vizman will be deemed NOT
to be confidential. By sending vizman any information or material, you grant vizman an
unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit,
distribute, publicly display, perform, modify, create derivative works from, and otherwise
freely use, those materials or information. You also agree that vizman is free to use any
ideas, concepts, know-how, or techniques that you send us for any purpose.
We will not release your name or otherwise publicize the fact that you submitted materials or
other information to us unless: (a) we obtain your permission to use your name; or (b) we
first notify you that the materials or other information you submit to a particular part of
this site will be published or otherwise used with your name on it; or (c) we are required
to do so by law. Personally-identifiable information that you submit to vizman for the
purpose of receiving products or services will be handled in accordance with our privacy
policies
15. DISCLAIMER
From time to time, this Web site may contain technical inaccuracies or typographical errors,
and we do not warrant the accuracy of any posted information. Please confirm you are using
the most up-to-date pages on this Web site, and confirm the accuracy and completeness of
information before using it to make decisions relating to services, products, or other
matters described in this Web site.If any term in this Terms of Use is found by competent
judicial authority to be unenforceable in any respect, the validity of the remainder of this
Terms of Use will be unaffected, provided that such unenforceability does not materially
affect the parties’ rights under this Terms of Use. Warranty disclaimers explain that
sellers and service providers are not bound by any implied promises about their products in
the event of failures or defects. These statements vary depending on the nature of your
business, but typically explain that a product or service is offered “as is” — implying that
the customer or user accepts it in its current condition, including any unseen faults. The
company makes no promises about the accuracy and reliability of the content it
publishes.