PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
The Terms govern the relationship between us, i.e. [Insert Full Name of Proto] and you i.e., the User (whether registered or not) and state the conditions subject to which you make use of the Platform and Services. By using the Platform, it is deemed that you have agreed to the Terms. We may amend the Terms at any time. If you do not agree with the Terms or revised Terms, you may stop using the Platform.
The Platform may be used by anyone who is above 18 years of age. Individuals below 18 years of age may only access the Platform under parental supervision. Additionally, individual above 18 years of age & entities through their authorised representative may register with us and use the Platform through their registered account.
Certain key Clauses highlighting the User’s responsibilities while registering and/or using the Platform are as under:
- Account Registration and Password Protection- Provides details as to who may register on the Platform, the registration process and User’s responsibility in relation to the usage and security of their account (Clause 5).
- User Responsibility- States your responsibilities while using the Platform and Services (Clause 8).
- Uploading Content to the Platform- States the type of content that may be uploaded by you on the Platform, your liability for such content and our rights in such content (Clause 9).
- Linking to the Platform- States your responsibility when you choose to link our homepage with another web-site (Clause 17).
- Indemnification- speaks of your obligation to indemnify and hold us harmless from any claim made by any third party or penalty imposed due to your breach of these Terms, or your violation of any Applicable Law or the rights (including infringement of intellectual property rights) of a third party (Clause 18).
- Termination- States the circumstances under which your access to the Platform may be terminated (Clause 22).
Clauses relating to the rights available to the User are as under:
- Privacy- Highlights your rights in relation to the personal information you provide to the Platform (Clause 6).
- Online and Mobile Alerts- States your rights in respect of alerts (automatic and voluntary account related) that may be send by us to you (Clause 16).
- Platform Security and Grievance Officer- Gives information relating to how the Platform data is stored, the security measures put in place to protect such data and Grievance Officer appointed by us under the provisions of Information Technology Act, 2000 (Clause 23).
- Contact Us- Contains details as to how you may contact us for general enquiries, complaints etc. or in the event you want to discontinue using the Platform or want to opt out of these terms (Clause 25).
Users are also advised to make note of the disclaimers and like limitations on our liabilities contained in the following clauses:
- Accessing the Platform (Clause 7)
- Interactive Services (Clause 11)
- No Reliance on Information (Clause 13)
- Disclaimer of Warranties (Clause 14)
- Limitation of Liabilities (Clause 15)
- Release and Waiver (Clause 19)
Lastly, Users may kindly bear in mind that the Terms shall be governed by and construed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi. Any dispute or claim shall be governed by the Arbitration and Conciliation Act, 1996 and determined by a sole arbitrator, who shall be appointed by us.
- The Platform is operated by [Insert Full Name of Proto] (“Company”) incorporated under Indian Companies Act, 2013 with registered office at [Insert Company Address].
- Any reference to “you” or “your” or “User” refers to you as a user of the Platform and the Services and any reference to “we”, “our” and “us” shall refer to the Company as the provider of the Services. Both the User and the Company are referred to as “Parties” collectively and as “Party”, individually.
- By using the Platform, you confirm that you accept these Terms and that you agree to comply with them.
- If you do not agree to these Terms, you must not use the Platform. If you do not agree with any amendments made to these Terms at any time in future, you must stop using the Platform with immediate effect.
Other Applicable Terms
These Terms refer to, incorporate, and include the following additional terms (collectively referred to as “Policies”), which also apply to your use of the Platform:
- Our Acceptable Use Policy [Insert Link to Acceptable Use Policy], which sets out the permitted uses and prohibited uses of the Platform. When using the Platform, you must comply with this Acceptable Use Policy.
- Our Intellectual Property Policy [Insert Link to Intellectual Property Policy] which sets out information about the different types of content on our Platform.
- Our Wallet Terms [Insert Link to Wallet Terms] which set out the terms and conditions for using the closed pre-paid payment instrument operated by the Company on its Platform, i.e. the PROTO Wallet.
Changes to These Terms and Services
- We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
- We may, without prior notice, change the Services; add or remove functionalities or features; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services.
Changes to the Platform
- We may update the Platform from time to time and may change the Content (as defined hereinafter) at any time. In these Terms, the term “Content” means including without limitation, articles, blogs, videos, audios, logos, guides, opinions, drawings, illustrations, photography, quizzes, polls, any other interactive feature, information, text, graphics, or other materials uploaded on the Platform, including personal information uploaded by the Users, and which appears on the Platform for other Users to access. However, please note that any of the Content may be out of date at any given time and we are under no obligation to update it.
- We do not guarantee that the Platform, or any Content, will be free from errors or omissions.
Account Registration and Password Protection
- You represent and warrant that if you are an individual, (i) you are over 18 (eighteen) years of age, or (ii) that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the laws of India. Any person under the age of 18 (eighteen) years accessing the Platform should do so only under parental guidance.
- If we change the eligibility criteria to be registered with the Platform and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and/or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Platform and/or Services in any way.
- When you register with us, an account will be created for your use (“Account”) on the Platform and you will be provided with required Account Information to enable your access to the Account. The term “Account Information” refers to a User identification code, password or any other piece of information which may be provided to you as part of our security procedures. If you access the Platform after logging into any third-party app like Facebook, Twitter or Gmail, the login information of such third-party account, as the case may be, shall be considered as the Account Information. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the Platform through your Account shall be considered an access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the Platform or any other website accessed by you through the Platform.
- Subject to applicable law, you agree to be liable for all uses of your Account whether or not actually authorized by you, including but not limited to uses of your Account to submit questions at the Platform or to answer questions through the Platform. If you know or suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at [Insert Email or Contact Details].
- We have the right to disable your use of the Account Information or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- In the event that you choose to create an Account with us, you may be required to provide some personal information, including your name, username, password, email address, phone number and other information like [Insert Relevant Details].
Accessing the Platform
- We do not guarantee that your use of the Platform, or any Content, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to you, if for any reason the Platform is unavailable at any time or for any period.
- You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
These Terms govern your behavior on the Platform and set forth your obligations. You agree and confirm to the following responsibilities:
- You shall comply with all the obligations set forth in these Terms.
- You will use the Services rendered by us for lawful purposes only and comply with these Terms and all applicable laws, statutes, by-laws, acts of legislature or parliament, rules, regulations, orders, ordinances, protocols, codes, guidelines, or policies of any governmental authority, and all applicable judicial orders and precedent (“Applicable Laws”) while using the Platform.
- Creation and maintenance of all Content in your account shall be your sole responsibility.
- You are responsible for safeguarding the password that you use as a part of your Account Information to access the Services and for any activities or actions under your Account. We encourage you to use “strong” passwords preferably using a combination of upper and lower case letters, numbers and symbols with your Account. The Company will not be liable for any loss or damage arising from your failure to comply with this instruction.
- Provide us with only such information that is true and accurate to the best of your knowledge.
- You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. By being in breach of this provision, you would commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
Uploading Content to the Platform
- Whenever you make use of a feature that allows you to upload Content to the Platform, or to make contact with other Users of the Platform, you must comply with the content standards set out in our Acceptable Use Policy [Insert Link to Acceptable Use Policy].
- You warrant that any such content added by you does comply with those standards, and you will be liable to us and indemnify us for any breach of this warranty. You will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any content you upload to the Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content and to distribute and make it available to third parties as described in our Intellectual Property Policy [Provide Hyperlink to Intellectual Property Policy].
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other User of the Platform.
- We have the right to remove any posting you make on the Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy [Insert Link to Acceptable Use Policy].
The views expressed by other Users on the Platform do not represent our views or values.
Registration on the Platform and the Content is free. The Company does not charge any fee for browsing the Platform. However, the payment for accessing and/or browsing any paid Services, including but not limited to, any premium Content, events, workshops, audios, videos, any server fees, and any downloads, plug-ins and/or software services available on the Platform (collectively, “Paid Services”), shall be made through Company’s closed pre-paid payment instrument (“PROTO Wallet”), which shall only be used by any User to make payments for the Paid Services provided by the Company on the Platform. The Wallet Terms applicable to the use of PROTO Wallet are available at [Insert Link]. However, the Company reserves the right to change its payment terms from time to time.
We may from time to time provide interactive services on the Platform, including, without limitation:
- Chat rooms
- Bulletin boards
- [List Any Other Interactive Features]
- We will do our best to assess any possible risks for Users (and in particular, for children) from third parties when they use any interactive service provided on the Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a User in contravention of our Content Standards (as defined in our Acceptable Use Policy), whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Intellectual Property Rights
- We are the owner of the Platform. However, for more information about the intellectual property rights pertaining to the Content on the Platform, please refer to Proto’s Intellectual Property [Insert Link], which is incorporated herein by reference.
No Reliance on Information
- The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain specialist advice before taking, or refraining from, any action on the basis of the Content.
- We display some Content that is not ours. This Content is the sole responsibility of the person/entity who makes it available. Reliance on any information appearing on the Platform, whether provided by the Company, its content providers, visitors to the Platform or others, is solely at your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the Platform. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by you on any Content published on the Platform, the persons/entities from whom the said content is obtained and made available on the Platform shall be solely responsible, and the Company shall have no liability in relation to the same.We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review Content, so please don’t assume that we do.
- We assume no responsibility for the content of websites linked on the Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.
Disclaimer of Warranties
- You expressly acknowledge and agree that use of the Services and the Platform is at your sole risk. The Services and the Platform are provided on an "as is" and "as available" basis. Although we make best efforts to procure high quality Services to all our Users, to the fullest extent allowed by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability or fitness for a particular purpose. The contents of the Services or the Platform may contain bugs, errors, problems or other limitations. We assume no liability or responsibility for any errors or omissions in content.
- We are not responsible for the content uploaded by you on the Platform. We are not responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Platform. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the Platform that is used by you.
- We make no warranty that the Services or Platform will meet your requirements or that the Services or your access to the Platform will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or Platform. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
- The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. No advice or information, whether oral or written, obtained by you from the Services or Platform or through the Service(s) or Platform shall create any warranty not expressly made herein.
- The Platform or the Company does not subscribe to the views of authors or the creators of the content. The Platform or the Company does not in any way confirm or deny the opinion expressed therein, and any view and/or opinion expressed in the content shall not be treated as the opinion of Platform or the Company. We do not endorse any content created or posted by the Users of the Platform, and the same does not reflect our opinions or policies.
- We will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or your downloading of any Content, or on any website linked to it.
- You should use your own virus protection software. We cannot and do not guarantee or warrant that files available for downloading from the Platform will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
Limitation of Liability
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform or any Content including any other information available on the Platform or Services, whether express or implied.
- We will not be liable to any User for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Platform;
- use of or reliance on any content displayed on the Platform;
- use of the Services, including but not limited to, the PROTO Wallet service and any Paid Services, provided through the Platform;
- Please note that we only provide the Platform for domestic and private use.
- Our Services may include Content, including content posted by Users of the Platform, which may be offensive, harmful, objectionable, indecent, unlawful, inaccurate or inappropriate. We may, but are not required to, monitor Content, restrict or remove Content, and suspend or delete a User account that we determine at our sole discretion is inappropriate or for any other reason. Under no circumstances do we assume any responsibility or liability whatsoever for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such Content. Any use or reliance on any Content by you through the Services is at your own risk.
Online and Mobile Alerts
- Company may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Account Information.
- Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Company may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
- You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Company may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Company shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
- Electronic alerts will be sent to the email address or mobile number you have provided for the Services. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.
- Since alerts are not encrypted, we will never include your passcode. However, alerts may include your login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. You may disable future alerts at any time.
Linking to the Platform
- If you choose to authenticate your account through a third party service, like Twitter or Facebook, you are linking that account to your Account.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page.
- We reserve the right to withdraw linking permission without notice.
- The website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy [Insert Link to Acceptable Use Policy].
- If you wish to make any use of Content other than that set out above, please send us an e-mail at [Insert Email Address].
To the maximum extent permitted by Applicable Law, you shall indemnify and hold harmless the Company, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, or your violation of any Applicable Law or the rights (including infringement of intellectual property rights) of a third party.
Release and Waiver
To the maximum extent permitted by Applicable Law, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of our Platform, its Services and/or Content. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or central statute or common law principle of similar effect, to the fullest extent permitted by law.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
Any dispute or claim relating to the Services rendered by the Platform, its enforceability or termination under these Terms and/ or other policies available on the Platform shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator, who shall be appointed by the Company. The place of Arbitration shall be New Delhi and the language of proceedings shall be English.
We reserve the right to refuse to continue providing you with access to the Platform if we discover that you are incompetent to contract by virtue of your age or otherwise under Applicable Law. This Platform is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. In case, you choose to access this Platform from any jurisdiction not governed by the laws of India, you are solely responsible for compliance with local laws of that jurisdiction and all applicable laws.
Platform Security and grievance officer
This Platform stores all data with the [Insert Cloud Platform Name] provided by [Insert Company Name] which may store this data on its servers located outside of India. [Insert Cloud Platform Name] has security measures in place to protect the loss, misuse and alteration of the information. You acknowledge that the standards followed by [Insert Platform Name] are not within control of the Company and are liable to change from time to time. You agree that it is in your interest to review from time to time the security standards, practices and policies adopted by the [Insert Platform Name] to confirm that there are no changes that you are not comfortable with.
[Insert Cloud Platform Name] can be contacted at the following address:
[Insert Cloud Platform Address]
Telephone: [Insert Telephone Name]
Fax: [Insert Fax Number]
In accordance with Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact details of the Grievance Officer are provided below:
23.4. If you come across any abuse or violation of these Terms, please report to [Insert Email]
Relationship of The Parties
Notwithstanding any provision hereof, for all purposes of the Terms, you and the Company shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.
Invalidity of Specific Terms
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, other provisions of such the Terms shall remain in full force and effect.
If any part of this Terms is determined to be illegal, void, invalid or unenforceable, then the invalid or unenforceable provision (or portion) will be deemed superseded by valid, enforceable language that most closely matches the intent and allocation of risk in the original provision (or portion) and the rest of the Terms will continue in full force and effect.
These Terms along with all the other Policies incorporated by reference in these Terms, constitute the entire agreement between you and us with respect to the Platform and your use of the Platform, and supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between you and us regarding the Platform and your activities.
For general enquires, complaints and/or giving any feedback, please email us at [Insert Email Address].
In case you do not want to continue using our Services and want to deactivate your account with us, please contact us at [Insert Email Address].
If you do not agree with any provision of these Terms and wish to opt out of such provision, please write to us at [Insert Email Address] (“Opt-out Request”). You agree that you are not entitled to use this Platform or the Services unless your Opt-out Request is accepted by us in writing.
THANK YOU FOR VISITING US.