Terms & conditions
Your use of the Portal (defined below)
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
You and CeG shall hereinafter collectively be referred to as "Parties" and individually as "Party", as the case may be. Parties agree that all references to GoK shall mean the Government of Karnataka.
User agrees and understands that being a Registered User is a mandatory requirement for using the services on the Portal. Registration on the Portal is free. User agrees to provide any and all information sought by CeG at the time of registration, including without limitation the User's name, email address, city, phone number etc. ("Registration Data"). The User's mobile phone number shall be the log-in name and a password/ PIN shall be sent to the user ("Log-in Details").
"Registered User" shall mean any natural/ legal person who has been registered on the Portal after the completion of the verification process by CeG.
By agreeing to use/ avail the services, You represent, warrant, undertake and confirm that -
- The Registration Data provided by You is true, current, complete and accurate in all respects. You agree to promptly update Your Registration Data, in case of any change, so that Your information remains true, current, complete, and accurate at all times.
- If You have registered on the Portal on behalf of any company, partnership firm, limited liability partnership and/ or anybody corporate, then You have the complete right and authority to provide the Registration data, create an account on the Portal, access the Portal and/ or deal on behalf of and bind such company, partnership firm, limited liability partnership or body corporate;
- CeG shall be entitled to suspend, without any prior notice to You, Your access to the whole or any part of the services and/ or the Portal if in the opinion of CeG you have acted in contravention of these Terms and Conditions. CeG further has the right to temporarily suspend access to the whole or any part of the services and/ or the Portal for any technical/ operational reason. CeG may, but shall not be obliged to, give You as much notice of any interruption of access to the services as is reasonably practicable. CeG will restore access to the services as soon as it is reasonably practicable after temporary suspension. You agree that such decision shall be based on the sole discretion of CeG and any decision taken in this regard shall be final and binding on You.
- Your participation on the Portal is at CeG's discretion. CeG reserves the right to disallow your participation on the Portal.
- CeG and/or GoK shall be under no liability whatsoever to You in the event of non-availability of the Portal or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, industrial action, man-made disaster, satellite failure or any other cause whatsoever beyond the control of CeG, and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then CeG shall be at liberty and entitled in their sole discretion to cancel any services to You forthwith and such decision shall be final and binding.
- You will not hyperlink urls of other sites and/ or insert interstitial ads and/ or promotion webpages, upload malware, Trojan and/ or any virus on the Portal.
- You agree that CeG/ GoK retains all rights to the Content. You further agree that the Content You access and view as part of the services may include information, data, services and materials which is neither owned nor controlled by CeG and/ or the GoK. The Content is protected by copyright, trademark, and other laws related to intellectual property. You undertake not to challenge and/ or dispute CeG's/ GoK's ownership of its trademark, trade name and/ or the CeG/ GoK logo available on the Portal, at any time in any part of the world.
- You are responsible for the security and proper use of Your unique Log-in Details that You enter while registering on the Portal and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized persons.
You shall not host, display, upload, modify, communicate, publish, transmit, update or share any information or product/ goods/ item that -
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libellous, 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognizable offence or prevents investigation of any offence or is insulting to any other nation. You also represent and warrant that your use of the Portal and your act of posting any information/ data on the Portal does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights;
- is false, misleading or inaccurate.
- You shall not attempt to gain unauthorized access to any portion or feature of the Portal, or any other systems or networks connected to the Portal or to any server, computer, network, or to any of the services offered on or through the Portal, by hacking, password "mining" or any other illegitimate means.
- CeG may discontinue any features, functionality of the Portal at its sole discretion.
Upon use of the Portal, You agree and understand that You are communicating with CeG through electronic records and You consent to receive communications via electronic records from CeG. You agree that all agreements, notices, disclosures and other communications that CeG provides to You electronically satisfy any legal requirement that such communications be in writing. You additionally agree and understand that You shall be receiving email communication from CeG with respect to all and any Transactions relating to You.
PLATFORM FOR COMMUNICATION
The Portal is merely a platform hosted by CeG for Registered Users to facilitate their transaction and availing different services available on the Portal. CeG/ GoK and/ or any of its authorized representative including IMI Mobile is not a negotiating party at any point and is merely a conduit of communication/ intermediary of offers and services by various third parties.
In light of the above, You are and acknowledge that -
- Any and all commercial/ contractual terms are offered by and agreed to between Registered Users and third party service providers alone and the service provider and service receiver are solely responsible for fulfilling the commercial/ contractual terms. The commercial/ contractual terms may include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. CeG does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/ contractual terms between the service providers and service receivers;
- CeG/ GoK and/ or any of its authorized representatives do not make any representation or give a warranty as to specifics (such as quality, value, scalability, merchantability etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Portal. CeG does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Portal. CeG/ GoK and/ or any of its authorized representatives accepts no liability for any errors or omissions, whether on behalf of itself, its affiliates or third parties;
- CeG/ GoK and/ or any of its authorized representatives do not initiate/ control/ monitor all of the content/ applications made available on the Portal, and therefore such content/ applications may be changed/ modified/ varied / withdrawn/ substituted/ replaced by the relevant service provider at any time with or without any notice to You. In the event of the happening of any of the foregoing, CeG, GoK, and their authorized representatives shall not in any manner be responsible or liable for any change, variation, modification, withdrawal, substitution, or replacement of the content/ application;
- CeG, GoK, or any of their authorized representatives do not control the availability or functionality of any of the individual content/ applications made available by service providers/ third parties on the Portal, and shall not at any time be liable or responsible for any non-availability, defects, glitches, or errors, in any content/ applications;
- CeG/ GoK and/ or any of its authorized representatives is not responsible for any non-performance or breach of any contract entered into between the third party service providers and service receivers and You agree not to hold CeG/ GoK and/ or any of its authorized representatives responsible for the same. CeG/ GoK and/ or any of its authorized representatives cannot and does not guarantee that the concerned service providers and/ or service receivers will perform any transaction concluded on the Portal. CeG/ GoK and/ or any of its authorized representatives shall not and is not required to mediate or resolve any dispute or disagreement between the service providers and service receivers. To that extent and to the extent permitted under law, You agree to not make CeG/ GoK and/ or any of its authorized representatives a party to any suit vis-à-vis any dispute in transaction with a third party;
- CeG/ GoK and/ or any of its authorized representatives does not make any representation or warranty as to the item-specifics (such as legal title, credit worthiness, identity, etc) of any of its users including service providers and/ or service receivers. You are advised to independently verify the bona fides of any particular user that You choose to deal with on the Portal and use Your best judgment on that behalf;
- CeG/ GoK and/ or any of its authorized representatives does not at any point of time during any transaction between You and the service provider, as the case maybe on the Portal come into or take possession of any of the products or services offered by service provider, as the case maybe nor does it at any point gain title to or have any rights or claims over the products or services offered by service provider to You;
- At no time shall CeG/ GoK and/ or any of its authorized representatives hold any right, title or interest over the products offered by any third party service providers on the Portal nor shall CeG/ GoK and/or any of its authorized representatives have any obligations or liabilities in respect of such contract entered into between You and the service providers, as the case maybe. CeG/ GoK and/ or any of its authorized representatives is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered;
- You agree and acknowledge that You are initiating the transmission on the Portal by selecting the receiver of such transmission and/ or a third party service provider on the Portal. The Portal is only a platform that can be utilized by You to avail of products or services at one place and any information in the process will be transmitted to You directly without any kind of interference, modification, alteration in such information. You further agree and acknowledge that CeG/ GoK and/ or any of its authorized representatives is neither initiating the transmission between You and the service provider on the Portal, selecting the receiver of any transmission on the Portal or modifying/ amending/ changing the contents of any transmission initiated between You and a service provider on the Portal;
- You release and indemnify CeG, the Government of Karnataka and/ or any of its officers, authorized representatives including IMI Mobile and its affiliates from any cost, damage, liability or other consequences of any of the actions of the users of the Portal and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, CeG cannot take responsibility or control the information provided by other users of the Portal and/ or third party service providers which is made available on the Portal. You may find other user's and/ or third party service providers information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Portal.
LINKED DESTINATIONS AND ADVERTISING
This Portal contains advertising and other material submitted to CeG by third parties. Although acceptance of advertisements on the Portal on request is subject to CeG's terms and conditions, CeG expressly disclaims any liability arising out of the usage of these products or services advertised on the Portal. The Portal may contain articles on various topics contributed by several individuals and third party content aggregators and service providers. The views are exclusively their own and do not represent the views of CeG, GoK, affiliates and/ or its management or authorized representative. All liability is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of the Portal. While using the Portal for information purposes or otherwise, You acknowledge and accept the above disclaimer and agree to do so at Your own risk and You agree that CeG is not liable for any loss or claim that You may have basis such usage.
CeG/ GoK is not responsible for the content or practices of any service provider or website or destination or application other than the Portal, even if it links to the Portal and even if the service provider or website or destination is operated by a company affiliated or otherwise connected with CeG or hosted on the Portal. By using the services, You acknowledge and agree that CeG/ GoK and/ or any of its authorized representatives are not responsible or liable to You for any content or other materials hosted and served from any other service provider or website or destination or application.
CeG/ GoK and/ or any of its authorized representatives takes no responsibility for advertisements or any third party material posted on any of the Portal, nor does it take any responsibility for the products or services provided by service providers. Any dealings You have with service providers found while using the services are between You and the service provider, and You agree that CeG is not liable for any loss or claim that You may have against a service provider.
CeG, the GoK, its affiliates, authorized representations, officers, directors, employees and agents are in no manner whatsoever responsible and/ or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/ or emotional trauma caused to You in any manner whatsoever, in relation to the Portal and/ or availing any services on the Portal.
You shall comply with the laws of India and/ or any laws that may apply to You.
Subject to the above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief's under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts Bangalore, India. Notwithstanding the foregoing, You agree that CeG has the right to bring any proceedings before any court/ forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.
DISCLAIMER OF WARRANTIES
CeG, the GoK, its affiliates, authorized representatives and service provider provide the Portal and services "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that Your use of the Portal is at Your own risk.
LIMITATION OF LIABILITY
IN NO CASE SHALL CeG, THE GOVERNMENT OF KARNATAKA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS OR AUTHORISED REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, CeG's LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
CeG does not warrant that product description or other content of this Portal is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
You hereby acknowledge and agree that the relationship between You and CeG/ GoK and/ or any of its authorized representatives and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
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