Introduction

Click here to refer to our Privacy Policy.

Please read these terms of use ("Terms") carefully before using www.iGloble.com ("Website") and

mobile applications of iotaSmart ("App"). The Website and App are owned, registered and operated

by iGloble SOFTWARE SOLUTIONS PRIVATE LIMITED("iGloble", "Company" "we", "us" or "our"), a

Company incorporated under the Companies Act, 2013 having its Registered Office at 5TH FLOOR,

UNIT NO. 511, CHIRANJIV TOWER, 43, NEHRU PLACE, New Delhi, Delhi, 110019 having

Company Incorporation Number (CIN) U74900DL2009PTC196093. By using our websites, the guest

users or registered users of the website (hereinafter referred to as "User" or "you" or "your" or

"yourself") signify your agreement to be bound by these Terms ("Agreement").

By visiting our site, you engage in our "Service" and agree to be bound by the following terms and

conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies

referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site,

including without limitation users who are browsers, vendors, customers, merchants, and/ or

contributors of content.

THESE TERMS ("TERMS") GOVERN YOUR ACCESS TO AND USE OF THE PRODUCT

THAT YOU ARE ACCESSING BY ACCEPTING THESE TERMS. BY CREATING AN

ACCOUNT AND ACCESSING THE PRODUCT, YOU AGREE TO COMPLY WITH THESE

TERMS AND ACKNOWLEDGE THAT THIS IS A BINDING AND ENFORCEABLE LEGAL

AGREEMENT BETWEEN YOU AND iGloble. IF YOU DO NOT AGREE TO THESE TERMS,

DO NOT ACCESS OR USE THE PRODUCT.

Amendments

These Terms of Use are subject to modifications at any time. We reserve the right to modify or

change these Terms & Conditions and other iGloble policies at any time by posting changes on the

Platform, and you shall be liable to update yourself of such changes, if any, by accessing the

changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms &

Conditions and the other iGloble policies and note the changes made on the Platform. Your

continued usage of the services after any change is posted constitutes your acceptance of the

amended Terms & Conditions and other iGloble policies. As long as you comply with these Terms &

Conditions, iGloble grants you a personal, non-exclusive, non-transferable, limited privilege to

access, enter, and use the Platform. By accepting these Terms & Conditions, you also accept and

agree to be bound by the other terms and conditions and iGloble policies as may be posted on the

Platform from time to time.

Eligibility / Authorized Use

If you are preferring to avail Services using the Website, then you further warrant that you have the

requisite legal competency / authority to enter into a binding Agreement. Persons who are

'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, un-

discharged insolvents etc. are not eligible to use the Website. If you are registering as a business

entity, you represent that you have the authority to bind the entity to these Terms. If you are below 18

years of age, please get your parent/guardian to read and accept these Terms before you access the

Website. Also, do not give your or their name, address, phone number or email address without their

permission. You agree to be financially responsible for all of your use of the Services (as well as for

use of your account by others, including without limitation minors living with you). You agree to

supervise and be responsible for all usage of minors of the Services under your name or account.

You also warrant that all information supplied by you or members of your household in using the

Services, including without limitation your name, email address, street address, telephone number,

credit card number and that all the information submitted by you is true and accurate. Failure to

provide accurate information may subject you to civil and criminal penalties.

Data and Conﬁdentiality

iGloble Data. iGloble or its licensors owns all data, other than data provided by You to iGloble directly

or through the Product ("Customer Data") (or as deﬁned in the MSA) and Your Personal Data,

incorporated in or displayed in the Product ("iGloble Data"). Data that has been anonymized or

aggregated such that Your identity is not ascertainable may be used to provide the Product.

Personal Data. In creating an account to access and use the Product, You may be required to provide

personal information about Yourself ("Personal Data"), such as Your name, email address, and

password. iGloble will process Your Personal Data as set forth in the Product's Privacy Notice.

iGloble will use commercially reasonable efforts to protect Your Personal Data as set forth in the

Product's Privacy Notice. You can access the Privacy Notice located at the login page.

Conﬁdentiality. Each of You and iGloble will protect, and will not use or disclose except to the extent

permitted expressly by these Terms, the other's conﬁdential information to which access is granted

under these Terms. For clarity, iGloble's conﬁdential information includes all iGloble Data and all

iGloble IP.

Audit

iGloble at all times reserves its right, but not an obligation, to audit the Content, User Content,

features available on Website or any other material or information posted/uploaded by the User. If at

any time, in sole discretion of iGloble, iGloble determines that any Content/User Content or any

other material or Feature of the Website is in contravention of any law for the time being in force or

spirit of the terms and conditions of this Agreement or violates the privacy of any person, then

iGloble may either remove or edit or block such material without any notice.

Though iGloble does not pre-screen the User Content, yet that iGloble and its designees shall have

the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any

Contents that are available via Website.

Notwithstanding the above-said right, you acknowledge and understand that all User Content,

whether publicly posted or privately transmitted, are the sole responsibility of the person from which

such User Content originated. This means that you, and not iGloble, are entirely responsible for all

User Content that you have provided iGloble with, in order to upload, post, transmit or otherwise

make available via the Website. You further acknowledge and agree that these User Content does

not necessarily reflect the views of iGloble nor iGloble endorse any such User Content.

Further to this it is informed that iGloble may share the information pertaining to such instances (with

or without demand) with Government agencies for the purpose of verification of identity of User, or

for prevention, detection, investigation, prosecution and punishment. Therefore, it is advised to you

that you should not involve in any such activities which violate any applicable law, rules, regulation or

breach the terms and conditions of this Agreement

General

You agree that no joint venture, partnership, employment, or agency relationship exists between You

and iGloble as a result of these Terms. Our performance of these Terms is subject to existing laws

and legal process, and nothing contained in these Terms is in derogation of iGloble right to comply

with governmental, court and other applicable laws.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law

(including, but not limited to, the warranty disclaimers and liability limitations set forth herein), then

such invalid or unenforceable provision shall be superseded by a provision that most closely

matches the intent of the original provision, and the remainder of these Terms shall continue in

effect.

Your Account and Registration Obligations

User Account

User Account” shall mean the personal account created by the User on the Website or the App.

In order to avail the benefits of the Services, the Users must mandatorily register themselves on the

Website or the App. Such Users and their details shall be verified by the Company by a detailed

process. Every registered User shall allocate themselves a unique identification username and

password ("User ID" and "Password").

If you use the Website or the App as a registered user, you are responsible for maintaining the

confidentiality of your User ID and Password. You are responsible for all activities that occur under

your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete

information about yourself as prompted by the registration form in the Website or the App. If you

provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable

grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve

the right to indefinitely suspend, terminate or block your access to the Services, the Website, and the

App and refuse to provide you with access to the Website or the App.

The Customer may access his records relating to the Services at the website.

You shall ensure that the Account Information provided by you in the Website's personal account is

true, correct, complete, accurate and up-to-date. Use of another User's Account Information for

availing the Services is expressly prohibited.

If You provide any information that is not correct, true, inaccurate, not current or incomplete (or

becomes not true, inaccurate, not current or incomplete), or iGloble identifies and/or has reasonable

grounds to suspect that such information is not true, inaccurate, not current or incomplete, iGloble

has the right to suspend or terminate Your account and refuse any and all current or future use of the

Website/ Services (or any portion thereof).

In case You prefer to avail and/or are provided an access to specific services and/or offers then the

said services and/or offers shall be subject to the respective terms and conditions, notified from time

to time at the sole discretion of iGloble.

Information Sharing and Disclosure

iGloble will not sell or rent your personally identifiable information to anyone. iGloble will send

personally identifiable information about you when: iGloble has consented to share the information,

iGloble will need to share your information to provide the Service requested by you, iGloble

responds to subpoenas, court orders or legal process. If iGloble finds that your action on the website

violates iGloble terms and conditions or any of your usage guidelines for specific Services or any

laws prevailing in India, iGloble shall initiate appropriate legal proceedings by taking recourse to all

remedies available to it in law and as per the Terms and other agreements.

Limitation and Disclaimer of Warranty

● The Website, the App, the Services and each portion thereof are provided "AS IS" without

warranties of any kind either express or implied. To the fullest extent possible pursuant to

Applicable Law, we disclaim all warranties, express or implied, with respect to the Website,

the App, or the Services and each portion thereof, including, but not limited to, no

infringement or other violation of intellectual property rights.

● We shall not be liable for any direct, indirect, incidental or consequential damages,

whatsoever incurred by the User due to use of the Website, the App, or the Services or due

to the non- availability of the Website, the App, or Services.

● We make no representation or warranty that the Website or the App shall (i) meet your

requirements/ be accurate or reliable; (ii) be uninterrupted, timely, secure or error-free.

Further, access to the Website, the App or the Services shall be contingent to Your internet

accessibility and we shall not be held liable for any lack/ sporadic breaks in Your internet

accessibility.

● If you are dissatisfied or harmed by this Website or the App or anything related with the

Website or the App, your sole remedy shall be to terminate these Terms of Use by closing

your account with the Company.

● We shall be entitled to disclose to the Authority, as required by Applicable Law or by any

directive or request from any government body, the particulars of the User engaged with the

Website or the App.

● We shall be entitled to add, to vary or amend any or all these terms and conditions at any

time and the User shall be bound by such addition, variation or amendment once such

addition, variation or amendment is incorporated into these terms and conditions, and such

amended terms and conditions are on the Website and the App.

Intellectual Property

You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative

works from, transfer, or sell any information, Services obtained from any Websites - directly or

indirectly in any medium. Neither these materials nor any portion thereof may be stored in a

computer except for personal and non-commercial use. iGloble will not be held liable for any delays,

errors or omissions therefrom, or in the transmission or delivery of all or any part thereof, or for any

damages arising from any of the foregoing.

The User acknowledges that iGloble is, and shall be the sole owner of all Intellectual Property Rights

in and to any solutions and/or products that have been developed by iGloble, so as to enable it to

render Services to the User. Any rights not expressly granted herein shall be retained by iGloble.

www.igloble.com and www.iotasmart.com are domains of the Company. The Website/Application,

including, but not limited to its graphics, logos, page headers, button icons, scripts and service

names constitute trade dress of the Company. The trademarks, domain names and trade dress of

the Company shall not be used or reproduced without prior written approval from the Company, and

may not be used in connection with any product or service that is not affiliated with the Company.

Copyrights

All content included in Website/Application of iGloble, including but not limited to text, graphics,

logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and

software, is/ are the sole property/ proprietary of iGloble and protected copyright.

You may use the website/Application content for personal and non-commercial purposes in

accordance with the principles governing intellectual property laws. Any other use or modification of

the content of the Website of iGloble without the prior written authorization of iGloble is prohibited.

No Unlawful or Prohibited Use

You warrant to iGloble that you will not use the Website/Application of iotaSmart for any purpose that

is unlawful, illegal or prohibited by these Terms. You shall not use the Website/Application in any

manner, which could damage, disable, overburden, or impair the Website or interfere with any other

party's use and enjoyment of the Website. You shall not obtain or attempt to obtain any materials

through any means not intentionally made available or provided for through the Website/Application

of iGloble.

Indemnification and Limitation of Liability

Indemnity: You agree to indemnify, defend and hold harmless iGloble, its subsidiaries, affiliates,

vendors, agents and their respective directors, officers, employees, contractors and agents

(hereinafter individually and collectively referred to as "Indemnified Parties") from and against any

and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs

and expenses (including legal and other statutory fees and disbursements in connection therewith

and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise

out of, result from, or in connection with:-

● Your breach of the Agreement(s).

● Any claims made by any third party due to, or arising out of, or in connection with, your use

of the Website;

● Any claim that any Content / User Content / Third Party Content, information or materials

provided by you caused damage to a third party;

● Your violation of any rights of another, including any intellectual property rights.

Limitation of Liability: iGloble assumes no liability whatsoever for any monetary or other

damage suffered by You on account of:

● The delay, failure, interruption, or corruption of any data or other information transmitted in

connection with use of the Website;

● Any interruption or errors in the operation of the Website.

Notwithstanding anything to contrary in the Agreement(s), in no event shall iGloble, its subsidiaries

or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you

for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever,

including those resulting from loss of use, data or profits, whether or not foreseeable or whether or

not iGloble has been advised of the possibility of such damages, or based on any theory of liability,

including breach of contract or warranty, negligence or other tortious action, or any other claim

arising out of or in connection with Your use of or access to the Website, Services, Content, User

Content or Third Party Content.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of

the Service. Your use of the Application may also be subject to other local, state, national, or

international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute

informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of

the country in which you are resident in.

India Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the Indian

government embargo, or that has been designated by the Indian government as a "terrorist

supporting" country, and (ii) You are not listed on any Indian government list of prohibited or

restricted parties.

Modifications of These Terms of Use

iGloble reserves the right to change the terms, conditions, and notices under which Websites are

offered, including but not limited to the charges associated with the use of the Websites. You are

responsible for regularly reviewing these terms and conditions.

Language and Display

iGloble does not intend to or have displayed and/ or used any language, which hurt the sentiments

of any person nor intend to or have displayed anything, which would have or deemed to be

defamatory in nature. If you feel any language or display as derogatory then You may contact us and

write to our customer care. Nevertheless, iGloble do not own any kind of claim of such nature in

case any such query is raised against the Website, then iGloble reserves all rights to defend itself

against any such claims.

Dispute Resolution

You may write to iGloble for any issues arising out of the usage of Website on customer care and

iGloble shall make all efforts to support you to resolve the same. However, iGloble do not own any

responsibility for any such issues and in case of any dispute arising out of the same by you against

iGloble then the same shall be referred to an Arbitrational Tribunal consisting of a Sole Arbitrator to

be appointed by iGloble and whose decision shall be final and binding. The venue of arbitration shall

be New Delhi and language shall be English. By using the Websites, you provide consent for this

clause as well.

Governing Laws

This Agreement shall be governed by the laws of India. By using the Websites, you hereby consent

to the exclusive jurisdiction and venue of courts in New Delhi, India, irrespective of your point of

access to the Websites. Use of Websites is unauthorized in any jurisdiction that does not give effect

to all provisions of these Terms, including without limitation to this paragraph.

Grievance Redressal

In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance

Officer of iGloble for the purpose of this Agreement shall be:

Grievance email address: support@igloble.com