T & C
TERMS OF OFFER: Ishtakaamya Appsol offers the license to use the App on the basis of SaaS, (Software as an Application). By subscribing to this app for a specific period of time, you agree to the terms set forth in this Agreement. By using this App, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the App for a specific period of time.
- Eligibility You must be at least eighteen (18) years of age to use the Site. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Site or the App; and (iii) that your registration and your use of the Site or the App is in compliance with any and all applicable laws and regulations. If you are using the Site or the App on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
- Accounts and Registration: If you are a Builder or a Partner or an Investor or a Project-head, you must register for an account or subscription to use specific functionality related to your account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You take full responsibility of the Partner or the Investor or the Site Supervisor or Project head, whom you give access to your project. Ishtakaamya appsol is not responsible for any pilferage/leakage of your project information through false accounts/registrations or subscriptions created by your employees or non-employees who work at, stay at or have access to your project.
- BY USING THE SITE OR APP YOU AGREE NOT TO: use the Site or App for any illegal purpose, or in violation of any local, state, national, or international law; interfere with security-related features of the Site, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Site/App or any part thereof except to the extent that such activity is expressly permitted by applicable law; interfere with the operation of the Site/App or any user's enjoyment of the Site/App, including without limitation by interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Site/App, or violating the regulations, policies, or procedures of such networks, equipment, or servers; violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights; remove any copyright, trademark or other proprietary rights notices contained in or on the Content (as defined below) or the Site/App; sell or otherwise transfer the access granted herein or any Content or Materials (as defined below) or any right or ability to view, access, or use any Content or Materials; or attempt to do any of the foregoing in this Section 2, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 2.
- Third-Party Sites and Linked Websites: The Site/App may include links to other websites or services ("Linked Sites") solely as a convenience to you. Our Company does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, our Company makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
- Termination of Use: Discontinuation and Modification of the Site/App: If you violate any provision of these Terms, your permission to use the Site or subscription to use this App will terminate automatically. Additionally, Ishtakaamya appsol, in its sole discretion, may suspend or terminate your access to the Site/App at any time, with or without notice. We also reserve the right to modify or discontinue the Site/App at any time (including, without limitation, by limiting or discontinuing certain features of the Site/App) without notice to you. You agree that any termination of these Terms or termination or suspension of your subscription or access to or use of the Site/App may be effected without prior notice, and you agree that Ishtakaamya Appsol will have no liability whatsoever on account of any change to the Site/App or any suspension or termination of your access to or use of the Site/App. We reserve the right to terminate your account, without any explanation, at any point of time. Under no circumstances, subscription fees/advances made by you will be refunded.
- Changes to the Terms: We reserve the right, at our discretion, to change these Terms at any time by posting such changes from time to time on the Site/App or otherwise making them available to you on or through the Site/App. Please check these Terms periodically for changes. Your continued use of the Site/App after such changes have been published on or through the Site/App constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Site/App, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Site or the App. All other changes are effective upon publication of the changed Terms. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms in effect at the time such dispute arose.
- Ownership: Proprietary Rights. Ownership of the Site/App: The Site/App is owned and operated by Ishtakaamya Appsol (“Ishtaa”) The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site/App (collectively, the "Materials") provided by Ishtakaamya Appsol are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Site/App are the property of Ishtakaamya Appsol or our third-party licensors. Furthermore, all trademarks, service marks, and trade names contained in the Materials are proprietary to Ishtakaamya Appsol or our third-party licensors. Your use of the Site/App does not grant you the ownership of any content, code, data or any part of the Materials you may access on or through the Site/App. Except as expressly authorized by Ishtakaamya Appsol, you may not make use of the Materials. Any commercial or promotional distribution, publishing or exploitation of the Materials is strictly prohibited unless you have received the express prior written permission from Ishtakaamya Appsol or the otherwise applicable rights holder. Ishtakaamya Appsol reserves all rights to the Materials not granted expressly in these Terms.
OWNERSHIP OF CONTENT: All content available on the Site/App, including, without limitation, articles, documents, brochures, tables, charts, presentations, pictures, images, audiovisual works, other informational materials and any user comments (collectively, the "Content"), is owned or controlled by Ishtakaamya Appsol or our third-party licensors, and is protected by copyright and other intellectual property laws. You expressly acknowledge that you do not acquire any ownership rights by subscribing to or by downloading material from or through the Site/App. You shall not copy, distribute or publish any Content or any information obtained or derived there from except as permitted on or through Site/App or as otherwise permitted by applicable law.
FEEDBACK: If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Site/App ("Feedback"), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Site/App. You hereby grant Ishtakaamya Appsol a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- INDEMNITY: You agree that you will be responsible for your use of the Site/App, and you agree to defend, indemnify, and hold harmless Ishtakaamya Appsol and its owners, officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Ishtakaamya Appsol Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site/App; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party in any way relating to your use of the Site/App. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
- DISCLAIMERS: NO WARRANTIES: THE SITE OR THE APP AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE/APP ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ISHTAKAAMYA APPSOL SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE/APP AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE/APP, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ISHTAKAAMYA APPSOL DOES NOT WARRANT THAT THE SITE/APP OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE/APP OR ANY MATERIALS OR CONTENT WILL CREATE ANY WARRANTY REGARDING ISHTAKAAMYA APPSOL OR THE SITE/APP THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE/APP AND ANY MATERIALS OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE/APP AND USE, SUBSCRIBE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITE/APP AND ANY ASSOCIATED SITES (INCLUDING, WITHOUT LIMITATION, THE LINKED SITES) AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- LIMITATION OF LIABILITY: IN NO EVENT WILL THE ISHTAKAAMYA APPSOL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE/APP OR ANY MATERIALS OR CONTENT ON THE SITE OR APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE ISHTAKAAMYA APPSOL ENTITIES OR AN AUTHORIZED REPRESENTATIVE OF ISHTAKAAMYA APPSOL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ISHTAKAAMYA APPSOL ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITE/APP (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE/APP) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS SOLELY LIMITED TO AMOUNT YOU PAID, LESS APPLICABLE TAXES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
LIMITATION OF USE: ISHTAKAAMYA APPSOL makes no representation that the APP and its services are appropriate or valid for use to your particular project or in all locations in India or outside India. Users who access the APP do so at their own risk and initiative and must bear all responsibility for using this App. The methodology, working style, implementation and carrying out of works at the construction projects/sites are different to different Builders and are different at different parts of India or outside India. The company/App doesn‟t give any assurance that the App will be completely or partially appropriate/valid or in compliance with your working style of your company/Project.
Some data or the maps or information of the App is solely based on the updates made by your site in-charge or the supervisor. Any incorrect updating will result in incorrect representation of the data. The App is in no way responsible for such incorrect depiction of data resulting out of incorrect updating.
- Governing Law These Terms shall be governed by the Bangalore Jurisdiction where the company is headquartered without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Ishtakaamya Appsol agree to submit to the personal and exclusive jurisdiction of the state courts and courts located within Bangalore for the purpose of litigating all such disputes.
- Notice: Consent to Electronic Communications Legal notices may be served, with respect to Ishtakaamya Appsol and the Site/App, to firstname.lastname@example.org, and, with respect to you, either (i) to any email address you have provided to ishtakaamya.com or „ishtaa‟ App , or (ii) through a pop-up or other similar means on the Site/App. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or in the case of updates to the Site, upon your next use of the Site. By using the Site/App, you agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Contact Information The services hereunder are offered by Ishtakaamya Appsol, located at #82, Bagli Fortuna, Vikas Nagar main road, near State Bank of Mysore, Bommasandra Industrial Area, Bangalore - 560099, Karnataka , India. Email: email@example.com You may contact us by sending correspondence to the foregoing address or by emailing. If you are an Indian resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
- FORCE MAJEURE: ISHTAKAAMYA APPSOL will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its services or obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, bankruptcy, technical problems, server issues, power blackouts etc. Under no circumstances, the subscription amount will be refunded.
CESSATION OF OPERATION: ISHTAKAAMYA APPSOL may at any time, in its sole discretion and without advance notice to you, cease operation of the APP and its services. In such an event, no refund, whatsoever, shall be made to the subscribers.