TERMS OF SERVICE
1
Introduction
1.1
Vybe
is an application (the “Platform”) is owned and operated by
Gaiabyte Technology Pvt Ltd (including its
directors, full time employees, subsidiaries, and affiliates,
collectively the “Company”). The Platform, has been exclusively developed by the Company, and
remains under its sole and exclusive ownership. The Platform is a
pioneering solution tailored specifically for students, providing them
with a unique avenue to showcase their professional aptitude, talents,
skills, academic qualifications, achievements, internship experiences,
and insights into their social media presence and influence. Further,
the Platform facilitates the presentation of students’ academic
information, projects, portfolio, hobbies, extra-curricular and
co-curricular talents on the Platform, all with the broader objective
of unlocking pathways to their future success.
1.2
These terms and conditions (the “Terms of Service”) shall apply to all users of the Platform ( “You”/ “Your”). By registering on, browsing, downloading, using or
accessing any part of the Platform or utilising the services, You
agree to be bound by the Terms of Service, including any additional or
modified terms and conditions and policies in relation to the Platform
or any future service that may be offered by the Company. If at any
time You do not accept or agree to any or all of the Terms of Service,
You may choose not to access the Platform or use any of the
services.
1.3
You can review the most current version of the Terms of Service at
any time on this page. The Company reserves the right to unilaterally
update, amend, change or replace any part of the Terms of Service by
posting updates or changes to the Platform. It is Your responsibility
to check this page
periodically for changes, and we encourage you to do so from time to
time and at regular intervals. All such amendments shall automatically
be applicable to all users of the Platform including You, from the
date on which such amendment is affected. Your continued use of or
access to the Platform following the inclusion of any such changes
constitutes Your unconditional acceptance of those changes.
1.4
These Terms of Service govern the use of the Platform, and by
installing, downloading or even merely using the Platform, You shall
be contracting with the Company and signifying Your acceptance to the
Terms of Service and other policies of the Company (the “Policies”) as posted on the Platform from time to time, which take effect on
the date on which the Platform is downloaded. These Terms of Service
thus create a legally binding arrangement between You and the Company
and You are required at all times to abide by them.
2
Eligibility
2.1
Accepting the Terms of Service will constitute a legal contract
between You and the Company. Consequently, any user who is
“incompetent to contract” within the meaning of the Indian Contract
Act, 1872 shall not be eligible to use the Platform. The Company
reserves the right to terminate Your account and /or deny access to
the Platform if it is brought to the Company’s notice that You are at
any point of time deemed legally incompetent to use the Platform.
2.2
You represent that You are competent to contract in terms of the
Indian Contract Act, 1872 and are not disqualified or have not been
previously suspended or restricted by the Company from accessing the
Platform. You also represent and warrant that You have the legal
right, authority and capacity to be bound the Terms of Service under
the provisions of the applicable laws.
3
Account Registration
3.1
You can only utilise the services by creating an account on the
Platform. By registering for an account on the Platform, or availing
the services, You automatically become a member and agree to the Terms
of Service. Your membership is limited to this purpose and is subject
to Your unconditional acceptance of and adherence with the Terms of
Service. So long as You abide by and accept the Terms of Service, the
Company grants You a non-transferrable, limited, non-exclusive and
revocable privilege to register and use the Platform and avail the
services offered through the Platform.
3.2
You agree to provide accurate, current, and complete information
during the registration process and to update such information to keep
it accurate, current and complete. You represent and warrant that You
have not impersonated any person or entity or otherwise mispresented
Your identity, age or affiliation to the Company or to any other
person or entity.
3.3
The Company reserves the right to suspend or terminate Your account
or Your access to the Platform permanently: (i) if any information provided by You during the registration process
or thereafter proves to be inaccurate, not current or incomplete; or
(ii) if You are found to be non- compliant with the Terms of Service
in any manner.
3.4
On registration,
You will receive a
one-time password generated by Us to authenticate Your email address/
phone number and to enable You to sign in to the Platform and You can
further login in to the Platform through your credentials of other
platforms such as Google, LinkedIn or Facebook.
You agree to: (i) maintain the confidentiality of Your password; (ii) take full
responsibility for all activities undertaken by You by accessing the
Platform through Your account; (iii) immediately notify the Company of
any unauthorised use of Your account or any other breach of security
that You become aware of; and (iv) ensure that You exit from Your
account at the end of each session.
You are solely
responsible for all activities that are undertaken in and through Your
account.
3.5
It shall be Your responsibility to treat the user identification
code, password and any other piece of information that is provided by
the Company, as part of the security procedure, as confidential and
not disclose the same to any person or entity other than the Company.
The Company shall at all times and at its sole discretion reserve the
right to disable Your user identification code or password if You
have failed to comply with any provisions in the Terms of Service.
3.6
Notwithstanding anything to the contrary herein,
You acknowledge and
agree that You shall have no ownership or other proprietary interest
in Your account, and further acknowledge and agree that all rights in
and to Your account are and shall forever be owned by and inure to the
benefit of the Company.
4
Use of the Platform
4.1.1
is harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, slanderous, criminally inciting
or invasive of another’s privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatsoever; or
results in unlawfully threatening or unlawfully harassing including
but not limited to “indecent representation of women” within the
meaning of the Indecent Representation of Women (Prohibition) Act,
1986 ;
4.1.2
is patently offensive to the online community, such as sexually
explicit content, or content that promotes obscenity, paedophilia,
racism, bigotry, hatred or physical harm of any kind against any group
or individual;
4.1.3
harasses or advocates harassment of another person;
4.1.4
infringes upon or violates any third party’s rights including, but
not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person’s
name, email address, physical address, phone number) or rights of
publicity;
4.1.5
promotes an illegal or unauthorized copy of another person’s
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices;
4.1.6
tries to gain unauthorized access or exceeds the scope of authorized
access to the Platform or to the profiles, blogs, communities, account
information, or other areas of the Platform or solicits passwords or
personal identifying information for commercial or unlawful purposes
from other members of the Platform;
4.1.7
interferes with another member’s use and enjoyment of the Platform or
any third-party users’ enjoyment of similar services;
4.1.8
refers to any website or URL that, in our sole discretion, contains
material that is inappropriate for the Platform or any other website,
contains content that would be prohibited or violates the spirit of
these Terms of Service;
4.1.9
violates any law for the time being in force;
4.1.10
impersonate another person;
4.1.11
threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign States, or public order, or
causes incitement to the commission of any cognisable offence or
prevents investigation of any offence or is insulting other
nation;
4.1.12
contains software viruses or other computer programming routines that
may damage, detrimentally interfere with, diminish value of,
surreptitiously intercept or expropriate any system, data or personal
information; and/or
4.1.13
directly or indirectly, offers, attempts to offer, trades or attempts
to trade in any item, the dealing of which is prohibited or restricted
in any manner under the provisions of any applicable law, rule,
regulation or guideline for the time being in force.
4.2
By using the Platform, You represent and warrant that:
4.2.1
All registration information submitted by You is truthful, lawful,
and accurate;
4.2.2
Your use of the Platform shall be solely for Your personal use and
You shall not authorize others to use Your account;
4.2.3
You will not submit, post, upload, distribute, or otherwise make
available or transmit any content that: (a) is defamatory, abusive,
harassing, insulting, threatening, or that could be deemed to be
stalking or constitute an invasion of a right of privacy of another
person; (b) is bigoted, hateful, or racially discriminative or
otherwise offensive; (c) is violent, vulgar, obscene, pornographic or
otherwise sexually explicit; (d) is illegal or encourages or advocates
illegal activity or the discussion of illegal activities with the
intent to commit them;
4.2.4
All necessary licenses, consents, permissions and rights are owned by
You and there is no need for any payment or permission or
authorization required from any other party or entity to use,
distribute or otherwise exploit in all manners permitted by these
Terms of Service and Privacy Policy, all trademarks, copyrights,
patents, trade secrets, privacy and publicity rights and/or other
proprietary rights contained in any content that You submit, post,
upload, distribute or otherwise transmit or make available;
4.2.5
You will not use the Platform in any way that is unlawful, or harms
the Company or any other person or entity;
4.2.6
You will not post, submit, upload, distribute, or otherwise transmit
or make available any software or other computer files that contain
virus or other harmful components, or otherwise impair or damage the
Platform or any connected networks, or otherwise interfere with any
person or entity’s use or enjoyment of the Platform;
4.2.7
You will not use another person’s username, password or other account
information, or another person’s name, likeness, voice, image or
photograph or impersonate any person or entity or misrepresent their
identity or affiliation with any person or entity;
4.2.8
You will not delete or modify any content of the Platform, including
but not limited to, disclaimers or proprietary notices such as
copyright or trademark symbols, logos;
4.2.9
You will not post or contribute any information or data that may be
obscene, indecent, pornographic, vulgar, profane, racist, sexist,
discriminatory, offensive, derogatory, harmful, harassing,
threatening, embarrassing, malicious, abusive, hateful, menacing,
defamatory, untrue or political or contrary to the interest of the
Company or other users of the Platform;
4.2.10
You shall not access the Platform without authority or use the
Platform in a manner that damages, interferes or disrupts, any part of
the Platform or any equipment or any network on which the Platform is
stored or any equipment of any third party;
4.2.11
You shall not use any data/information/material posted on the
Platform for purposes other than those expressly permitted by the Terms of Service, Community Guidelines, Disclaimer
and Privacy Policy. This includes data/information intended for conducting training of
the members of the Platform or utilising services related to
artificial intelligence.
4.2.12
You release and fully indemnify the Company and/or any of its
directors, officers and representatives from any cost, damage,
liability or other consequence of any of Your actions on the Platform
and specifically waive any claims that You may have in this behalf
under any applicable laws of India. Notwithstanding its reasonable
efforts in that behalf, you agree and acknowledge that the Company
cannot take responsibility or control the information provided by
other members which is made available on the Platform.
4.3
You shall not attempt to gain unauthorized access to any portion or
feature of the Platform, or any other systems or networks connected to
the Platform by any means. You shall not probe, scan or test the
vulnerability of the Platform nor breach the security or
authentication measures on the Platform or any network connected to
the Platform.
4.4
You agree not to use any device, software, or routine to interfere or
attempt to interfere with the proper working of the Platform or any
transaction being conducted on the Platform, or with any other
person’s use of the Platform. You may not use the Platform or any of
its content for any purpose that is unlawful or prohibited by these
Terms of Service.
4.5
You shall at all times ensure full compliance with the applicable
provisions, as amended from time to time, of (a) the Information
Technology Act, 2000 and the rules thereunder; (b) all applicable
domestic laws, rules and regulations (including the provisions of any
applicable exchange control laws or regulations in force, goods and
service tax, income tax, central excise, custom duty, local levies);
and (c) international laws, foreign exchange laws, statutes,
ordinances and regulations regarding and applicable to the use of the
Platform and listing, purchase, solicitation of offers to purchase,
and sale of products or services. You shall not engage in any
transaction which is prohibited by the provisions of any applicable
law including exchange control laws or regulations for the time being
in force.
4.6
In order to allow the Company to use the information supplied by You,
without violating any rights or any laws, You agree to grant the
Company a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, database rights or any other
rights. The Company will only
use the information in accordance with these Terms of Service and
Privacy Policy (defined below) applicable to use of the Platform. The
Company reserves the right to develop and introduce any further
services including but not limited to those related to artificial
intelligence, using the data and information supplied by You.
Subsequently, the Company reserves the right to implement any relevant
policies to govern such newly introduced services.
4.7
The Company reserves the right, but has no obligation, to monitor the
materials posted on the Platform. The Company shall have the right to
remove or edit any content that in its sole discretion violates, or is
alleged to violate, any applicable law or the spirit of these Terms of
Service. In no event shall the Company assume any responsibility or
liability for any content posted or for any claims, damages or losses
resulting from use of content and/or appearance of content on the
Platform.
4.8
The Company shall have all the rights to take necessary action and
claim damages that may occur due to Your involvement/participation in
any way either on its own or through group/s of people, intentionally
or unintentionally involved in hacking.
4.9
You understand that Your content, may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices. You understand and acknowledge that the use of the Platform
requires internet connectivity and telecommunication links. You shall
bear the costs incurred to access and use the Platform and avail the
Services, and the Company shall not, under any circumstances
whatsoever, be responsible or liable for such costs.
5
Accuracy, Completeness and Timeliness of Information
5.1
The Company is not responsible for any inaccuracy, incompleteness or
outdated information made available on the Platform, either provided
by You or otherwise. The material on the Platform is provided for
general information only and should not be relied upon or used as the
sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. You
agree that the Company does not owe any responsibility or obligation
whatsoever towards ensuring the accuracy of the information provided
by other members. Any reliance on the material on the Platform is at
Your own risk, and You agree not to claim any liability, loss or
damages from the Company as a result of your reliance of any material,
information or content that is available on the Platform.
5.2
The Platform may contain certain historical information. Historical
information, necessarily, is not current and is provided for the
purpose of reference only. The Company reserves the right to modify
the contents of the Platform at any time but has no obligation to
update any information on the Platform. You agree that it is Your
responsibility to monitor changes to the Platform.
5.3
Occasionally there may be information on the Platform that contains
typographical errors, inaccuracies, or omissions. The Company reserves
the right to correct any such errors, inaccuracies, or omissions, and
to change or update information if any information on the Platform is
inaccurate at any time without prior notice.
6
Disclaimers of Warranties and Limitation of Liability
6.1
The Company endeavours to make the Platform available, as far as
possible, at all times. However, the Company does not represent that
access to the Platform will be uninterrupted, timely, error free, free
of viruses or other harmful components or that such defects will be
corrected.
6.2
The Company does not warrant that the Platform will be compatible
with any hardware and software which is used by You. The Company shall
not be liable for damage to, or viruses or other code that may affect,
any equipment, software, data or other property as a result of
downloading and installing the Platform.
6.3
The Company does not represent or warrant that the information
available on the Platform will be correct, accurate or otherwise
reliable for any particular purpose.
6.4
The Platform is provided on an “as is” and “as available” basis. The
Company expressly disclaims all warranties of any kind, whether
express or implied with respect to the records and other data that is
made available by it to You.
6.5
The Company does not represent any of the members of the Platform and
disclaims any liability with respect to any error or inconsistency
with respect to any information relating to such members displayed on
the site or with respect to the services provided. Any information
provided with respect to the members is subject to change without
notice. Any trademark, word mark or intellectual property of any of
the members/users of the Platform belong to such members/users alone,
and the Company has no right or claim over the same.
6.6
The Company is not responsible and will have no liability for: (i) any content or services provided by any persons or entities other
than the Company; (ii) damages of any kind that result from the
downloading of any data or any other materials on the Platform or
through the Platform; or (iii) the failures of the internet or any
data or telecommunications equipment, system or network used in
connection with the Platform.
6.7
The Company shall not be liable for: any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation any financial
losses, loss of data, replacement costs, or any similar damages,
whether based in contract, tort, strict liability or otherwise,
arising from the use of the Platform, or for any other claim related
in any way to the use of the Platform, 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 the Platform or any content
posted, transmitted, or otherwise made available via the Platform,
even if advised of their possibility.
6.8
The Company shall not be liable to anyone else for any losses or
injury arising out of or relating to the information provided on the
Platform. In no event will the Company or its employees, affiliates,
authors or agents be liable to You or any third party for any decision
made or action taken by You.
7
Privacy
7.1
All information about You that are collected, stored or transmitted
in any way on the Platform, including any registration information, is
subject to our Privacy Policy (the “Privacy Policy”), which can be accessed
here.
8
Availability of Service
8.1
The Company reserves the right to change, suspend or discontinue any
of its services upon a reasonable notice to the extent permissible
under the applicable law.
8.2
In the event of such change or suspension, the Company is under no
obligation whatsoever to store Your data or provide You with a copy of
any information that You have provided to the Company or posted on the
Platform, except to the extent required by applicable laws and as
enumerated in the Privacy Policy.
9
Third Party Links
9.1
Certain content, advertisements or products available via the
Platform may include materials from third parties.
9.2
Third-party links on the Platform may direct You to third-party
websites or services that are not affiliated with the Company. The
Company is not responsible for examining or evaluating the content or
accuracy and does not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any
other materials, products, or services of third parties.
9.3
The Company is not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please
review carefully the third-party’s policies and practices and make
sure to understand them before engaging in any transactions.
Complaints, claims, concerns, or questions regarding any third-party
should be directed to such third-party.
10
Intellectual property
10.1
The Company is either the owner of intellectual property rights or
has the non-exclusive, worldwide, perpetual, irrevocable, royalty
free, sub-licensable (through multiple tiers) right to exercise the
intellectual property, on the Platform, and on the material published
by it.
10.2
You must not modify the paper or digital copies of any materials
printed or downloaded in any way, and they must not use any
illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.
10.3
You must not use any part of the materials on the Platform for
commercial purposes without obtaining a licence to do so from the
Company.
11
Indemnification
11.1
You agree to indemnify, defend and hold harmless the Company,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of a breach of the Terms of Service or the documents they
incorporate by reference, or violation of any law or the rights of a
third-party.
12
Severability
12.1
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining
provisions.
13
Independent Contractors
13.1
Nothing herein contained shall constitute or be deemed to constitute
a relationship of agency, partnership, joint venture or employment
between You and the Company.
14
Termination
14.1
These Terms of Service are effective unless and until terminated by
either You or the Company. You
may terminate these Terms of Service at any time by notifying the
Company that You no longer wish to use the Platform, or when You cease
using the Platform.
14.2
If in the Company’s sole judgment You have failed, or the Company suspects that You have
failed, to comply with any term or provision of the Terms of Service,
the Company
may also terminate Your access to the Platform, or cease the
provision of the services at any time without notice and You will
remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny Your access to the Platform
or the services (or any part thereof).
15
Entire Agreement
15.1
The Terms of Service and any policies or operating rules posted by
the Company on the Platform from time to time (including but not
limited to the Privacy Policy and the Community Guidelines) constitute
the entire agreement and understanding between You and the Company
with respect to the Platform, and supersede any prior or
contemporaneous agreements, communications and proposals, whether oral
or written, between You and the Company (including, but not limited
to, any prior versions of the Terms of Service).
15.2
Any ambiguities in the interpretation of the Terms of Service shall
not be construed against the drafting party.
16
Waiver
The failure of the Company to exercise or enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision.
17
Governing law and dispute resolution
The Terms of Service are governed by the laws of India. Any action,
suit, or other legal proceeding, which is commenced to resolve any
matter arising under or relating to this Platform, shall be subject to
the exclusive jurisdiction of the courts at Bengaluru, India.
18
Contact Information
All notices and enquiries to the Company can be addressed to:
Ms. Jyothi Jain,
Email address –
hello@vybe.life
Address – Arasoji Rao Building,
9/1 Rashtriya Vidyalaya Road,
Doddamavalli, Mavalli,
Bengaluru, Karantaka 560004.
19
Grievance Redressal
19.1
All grievances with the Company with respect the Terms of
Services can be addressed to-
Ms. Jyothi Jain,
Email address –
hello@vybe.life
Address – Arasoji Rao Building,
9/1 Rashtriya Vidyalaya Road,
Doddamavalli, Mavalli,
Bengaluru, Karantaka 560004.
In the event any of Your grievances are not suitably resolved or
with respect to the alleged breach of any statutory compliances,
such grievances can be escalated to
Mr. Venkatesh Mahadevan,
Email address –
venki@vybe.life
Address – Arasoji Rao Building,
9/1 Rashtriya Vidyalaya Road,
Doddamavalli, Mavalli,
Bengaluru, Karantaka 560004.