In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
This Website & iqwat App by the URL www.iqwat.com and all the Web – pages, hyperlinks, tools, and Services provided there under is owned and operated by iqwat Foundation (hereafter referred to as “iqwat”), a Section 8 company incorporated under The Companies Act 2013 with its registered office at B 153, The Summit, DLF V. Gurgaon 122002. Haryana.
iqwat’s (“Our”, “Us”, “We”, “Website”, “Site”) Website and mobile application (“Application”) come as a medium for engaging and collaborating amongst the Kashmiri Pandit Community and people who are interested in Kashmiri Pandit Culture (“Services”).
Users, as may be approved by iqwat, shall have the right to use the Service provided by iqwat via its Website and/or Application.
Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on the Website or Application and can avail Our Services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.
You would be required to sign up on Application by providing certain personal details such as name, e-mail address, telephone number, basic employment details, residential location and basic information with respect to yourself. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then iqwat may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website or Application and the Services (or any portion thereof) permanently.
Third Party Account Information.
By using the account access service in the Website and/or Application, You authorize iqwat and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify iqwat immediately in writing of any unauthorized use of their password or account or any other breach of security. iqwat will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.
Users agree to use the Services only for purposes that are permitted by a) the User Terms and b) any applicable laws as amended from time to time for the time being in force.
By using the Website and/or Application You agree not to:
- authorize others to use your account;
- assign or otherwise transfer Your account to any third person or legal entity;
- use the Service or Website or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- use the Service or Website or Application to cause nuisance, annoyance or inconvenience;
- use the Service or Website or Application with an incompatible or unauthorized device;
- impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Website or Service or Application;
- reverse engineer or access the Service or Website or Application in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Website or Application or copy any ideas, features, functions or graphics of the Website or Application,
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or Service or Application;
- try to harm the Service or Website or Application in any way whatsoever;
- disclose information designated as confidential by iqwat, without iqwat’s prior written consent; and
- copy or distribute the Service or Website or Application or other Sofyx content without written permission from iqwat.
You are solely responsible for any breach of your obligations under this agreement (including financial obligations) and for the consequences (including any loss or damage which iqwat may suffer) of any such breach.
All rights, title and interest in and to the Service (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, are owned by iqwat. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Application and the Service. All Content on the Website and Application is either owned or licensed to Us and is subject to copyright, trademark rights, and other intellectual property rights of the Website and Application.
iqwat owns, has licensed, or otherwise has rights to use all of the Content that appears in the Service, Website and all the Applications. Notwithstanding any provision to the contrary herein, You agree that you have no right or title in or to any Content that appears in the Service, Website and all the Applications, including without limitation the virtual goods or currency appearing or originating in any Application game, whether earned in a game or purchased from the in-game Application.
Your License to iqwat
Use of Message Boards, Chat Rooms and Other Communication Forums
This Site and Application may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, You agree that when using a Posts or Forum, You shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Conduct or forward surveys, contests, or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by iqwat, and such communications shall not be considered reviewed, screened, or approved by iqwat. iqwat reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.
In no event shall the Site and/or Application be held responsible for any Posts nor does iqwat, Site or Application represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall iqwat be liable for any loss or damages resulting from their use and/or appearance on the Site.
By providing a Post to the Site and/or Application, you undertake, represent and warrant to Sofyx that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
By submitting any Post, you grant iqwat and its associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
iqwat, Site and/or Application will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Site or Application generally, in any manner that Sofyx may determine, in its sole discretion, at any time. Although iqwat endeavors to periodically monitor the content posted on this Site and Application, the Site and/or Application will not be responsible for the views or opinions expressed by third parties on the Site.
You agree that you will not use any Post and/or any part or all of our Site and/or Application to:
- collect, store and/or identify private or personal information of any user or person;
- facilitate personal attacks on other individuals or groups of people;
- upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Site deems in its sole discretion inappropriate for the Site;
- harm children in any way including without limitation any offenses in relation to grooming children online under law;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
- stalk or otherwise harass another person or User;
- upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post or e-mail any content that infringes any intellectual property rights or other third-party rights of any party;
- upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation;
- upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Site;
- disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; and/or
- violate any applicable national or international laws or regulations.
You further agree that you may use the Site and Application for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third-party business activity.
In order to be able to view and use Content on the Service, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. We will use reasonable efforts to make the Application available at all times. However, You acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside iqwat’s reasonable control.
iqwat does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access Content or any other communication system failure which may result in the Application being unavailable. iqwat will not be responsible for any support or maintenance for the Application.
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’). The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.3 onwards; Language: English. The version of the Application software may be upgraded from time to time to add support for new functions and services.
Restrictions on Use
- is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as We may determine in Our sole discretion;
- violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
- infringes any patent, copyright, trademark or other intellectual property rights of any person or entity;
- constitutes unauthorized or unsolicited advertising;
- involves commercial activity not expressly permitted by Us; or
- contains any harmful or malicious computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functioning of any software or hardware, or that enables to obtain unauthorized access to any system, data or other information.
- disrupts, interferes with or restricts the use of our site by other Users;
- reverse engineers, decompiles, copy or adapts any software or other code or scripts forming part of our Website;
- changes, modifies, deletes, interferes with or misuses data contained on our site and entered by or relating to any third-party user of our Website.
Right to Cancellation in case of invalid information from User.
The User expressly undertakes to provide to iqwat only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Us.
In case iqwat discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, iqwat in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the access to the Application, etc. without any prior intimation to the User. In such an event, We shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation.
The User unequivocally indemnifies iqwat of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding its own interest and that of its genuine customers.
Third Party Account Information.
By using the account access service in iqwat Website and Application, the User authorizes iqwat and its agents to access third party sites, including that of banks and other payment gateways, designated by them or on their behalf for retrieving the requested information.
While registering, the User will choose an email User ID (“User ID”) and password and is responsible for maintaining the confidentiality of the User ID and/or password and the account.
The User is fully responsible for all activities that occur while using their User ID and/or password or account. It is the duty of the User to notify iqwat immediately in writing of any unauthorized use of their User ID and/or password or account or any other breach of security. iqwat will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his User ID and/or password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.
Intellectual Property Rights
This Website and its mobile Applications are owned by iqwat Foundation. All rights to, title and interest in the Content available on/ via the Website and Application, the Website’s and Application’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website and Application, and the Website and Application URLs, are the property of iqwat Foundation or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
The Website and its mobile Applications and the Content are protected by copyright laws and belong to Us or its partners, affiliates or contributors. The copyrights in the Content are owned by Us or other copyright owners who have authorized their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.
We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, We will also terminate a User’s account if the User is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Website is: Pier Counsel Gurgaon.
User may participate in a survey, questionnaire etc. (“Survey”) organized by Us. User acknowledges and agrees that the contents of Survey are the property of iqwat and User is restricted to utilize the contents of such Survey for any other purpose outside the scope it is originally established for. User acknowledges and agrees iqwat uses the Survey for its internal uses and improving the User’s experience of the Application and/or Website.
Disclaimer of Warranties
The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement, and quality of Service. We make no warranty that the Service will meet your expectations, be free from viruses, or that data and content obtained through the service will be accurate, reliable or current, or that the service will be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the use of the Service is at your own discretion and sole risk and that the entire risk as to the results and performance of the Service, including, without limitation, any damages to your computer system, tablet, mobile device or data stored on it, is solely Yours.
Limitation of Liability
You acknowledge and agree that in no event will We (including, without limitation, our affiliates and their respective officers, directors, employees and agents) be liable for any direct, indirect, special, punitive, incidental or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of your use of or inability to use the service, or improper use of the Service, even if you have been advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise. You further acknowledge and agree that we may change the Service in whole or in part in its sole discretion without notice to you and without any liability to you whatsoever in connection therewith.