INTRODUCTION
These Samaaro User Terms (the “Terms”) govern your access to and use of the event technology platform provided via the website at samaaro.com (”Samaaro”) by Samaaro (part of Tacnik Technology Private Limited) WJ88+69V BMTC Complex, 4th floor, Garuda BHIVE Workspace, Old Madiwala, Kuvempu Nagar, Stage 2, BTM Layout, Bengaluru, Karnataka 560068
Please read these User Terms carefully.
You confirm that you have read, understood, and agree to be bound by these User Terms by clicking the “accept” button before being granted access to Samaaro, or otherwise where you access or use Samaaro, or you register an account with us. A legally binding contract between you and us will then be formed (the “User Agreement”), consisting of these User Terms, governing your access to and use of Samaaro.
Samaaro is a event technology platform for a neutral or legal person, individuals who host all kind of events (“Events”).
DEFINITION
For the purpose of these User Terms (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform, Mobile/ Mobile Web Application and/or the Company, as the context so requires.
- “User” shall mean and refer to natural, legal individuals, business houses and communities who use the Website and who intend to seek information, contact or obtain the services of conducting and managing events and conferences using Cloud-Based Platform hosted through the website. They must be competent to enter into binding contracts, as per Indian laws.
- “Services” refer to providing a Platform which offers tools to the Users to conduct and manage events and conferences through Cloud-Based Platform.
- “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Website.
- The term “Platform” refers to the Website and Mobile/ Mobile Web Application which provides the Customer the facility to conduct and manage events and conferences through a cloud-based platform.
- The term “Customer” refers to individuals or companies who purchase legal licenses for use the Samaaro Platform to conduct and manage events and conferences through cloud-based platform.
SERVICES
Subject to the terms, conditions, and restrictions stated in this Samaaro Terms of Service (these “Terms of Service”) and Samaaro Privacy Policy, Samaaro shall provide its authorized users with web-based access to a Cloud-Based Platform and other services related to the platform.
USER DATA, CONTENT AND SECURITY
Subject to the terms, conditions, and restrictions stated in this Samaaro Terms of Service (these “Terms of Service”) and Samaaro Privacy Policy, Samaaro shall provide its authorized users with web-based access to a Cloud-Based platform and other services related to the platform.
- “User Data” is personal data or information collected by Samaaro from or about Customer’s staff members, event attendees, and other users of the Could-Based Platform. Samaaro shall use the User Data only to provide the Cloud-Based Platform and Professional Services, as instructed by Customer, or required by applicable law. Samaaro will comply with Customer’s reasonable requests for assistance in connection with a user’s request to delete, correct, block or take other action with respect to the User Data (a “User Data Request”). Samaaro shall promptly forward to Customer any User Data Request made directly on Samaaro.
- “Content” is the information and materials provided or submitted by or on behalf of Customer or its users for publication on the Cloud-Based Platform for use by Customer’s registered end users. Customer licenses the Content to Samaaro on a non-exclusive, revocable basis only as necessary to provide the Services, Customer represents and warrants that it has all rights necessary to provide and license the Customer Information to Samaaro for use as permitted by these Terms of Service, that Samaaro’ use of the Content as permitted by these Terms of Service will not infringe, misappropriate or violate intellectual property rights of any third party, and that Samaaro use of the User Data as permitted by this Agreement will not violate any rights of publicity or privacy of any third party.
Security
We use reasonable security measures in order to protect Contributions against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use or distribution of Contributions by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that we shall not be liable for any unauthorized copying, use or distribution of Contributions by third parties (including other Users). The security measures we use to protect your Contributions are provided and used “as-is” and with no warranties, guarantees, conditions, assurances or other terms that such security measures will withstand attempts to evade them.
Sensitive Personal Information
Customer acknowledges that the Cloud-Based Platform is not designed for processing Sensitive Personal Information, as defined below, and hereby releases Samaaro from any claim or liability arising from Customer’s or its users’ transmission of Sensitive Personal Information to or through the Cloud-Based Platform. “Sensitive Personal Information” is date of birth, Social Security number, driver’s license number, other government-issued identification number, financial account number, credit or debit card number, insurance ID or account number, health or medical information, consumer reports, background checks, biometric data, digital signatures, any code or password that could be used to gain access to financial resources, any other unique identifier, or other personal data for which special protections are required by applicable privacy law.
Notice of Data Breach
If Samaaro discovers a Security Breach, as defined below, it shall notify Customer without undue delay and in all events within seventy-two (72) hours and provide to Customer all information reasonably available Samaaro regarding the Security Breach. A “Security Breach” is an unauthorized access, alteration, disclosure, or destruction of User Data. Samaaro shall promptly take those steps within its reasonable control to address a security vulnerability giving rise to a Security Breach, both to stop an ongoing Security Breach and prevent a re-occurrence due to the same security vulnerability. Samaaro shall cooperate with Customer’s reasonable requests in connection with the investigation, mitigation and remediation of any Security Breach.
GRANT OF LICENSES
A. Grant of License to Cloud-Based Platform.
Subject to the terms, conditions, and restrictions stated in these Terms of Service, Samaaro hereby grants to Customer a non-exclusive license to use the Cloud-Based Platform for its internal business purposes. The license is conditional on the Customer’s payment of the Fees. Except for the licenses expressly stated in this Section, Samaaro retains all right, title and interest in and to the Cloud-Based Platform and related rights in intellectual property, including all related patents, patent applications, copyrights, trademarks, service marks, trade names, domain name rights, know-how, and trade secret rights.
B. License Restrictions.
Customer shall not, and shall not knowingly allow any third party to
- Copy, use, or mirror for use all or any part of the Cloud-Based Platform on any site or system other than the Samaaro service environment,
- Modify, translate, or otherwise create derivative works of the Cloud-Based Platform, except customizations of the visual elements templates made by means of the customization features of the Cloud-Based Platform and used on the Cloud-Based Platform,
- Disassemble, decompile, reverse engineer, or otherwise attempt to derive the source code of the Cloud-Based Platform, except and only to the extent that such activities are expressly permitted by applicable law notwithstanding this limitation, or
- Distribute, sublicense, lease, resell or otherwise transfer rights to the Cloud-Based Platform to a third party.
THIRD-PARTY WEBSITES
Samaaro website may link to, or be linked to, other websites not maintained by or related to Company. Such links are provided only as a service to our visitors. The company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked or linking website. The company has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.
If you operate another website and are interested in linking to our website, you agree to be bound by the following rules:
- The link must be a text-only link clearly marked;
- The link must “point” to the URL “www.samaaro.com” and not to any other pages;
- The link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Company;
- The link, and use thereof, may not be such that may damage or dilute the goodwill associated with Company’s names and marks;
- The link, and use thereof, may not create the false appearance that an entity other than Company is associated with or sponsored by Company;
- The link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and
- Company reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms and Conditions or through other notice.
SAMAARO TRADEMARK(S)
Customer consents to the display of the Samaaro name and “Powered by Samaaro” inside the Platform during events and agrees that any goodwill arising from the use of Samaaro’s trademarks inures exclusively to the benefit of Samaaro.
UPDATES TO SAMAARO PLATFORM
From time to time, we may automatically update and change Samaaro to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. We will not need your consent to do this and your continued use of Samaaro following the update will be subject to these User Terms
CHANGES TO THESE USER TERMS
We may need to change these User Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will do so by sending you a notification when you next use Samaaro where you will be required to accept the updated User Terms. If you do not accept the notified changes, you will not be permitted to continue to use Samaaro.
DISCLAIMER
Except as expressly stated in this agreement, Samaaro makes no other representation or warranty of any kind and specifically disclaims any other warranty, whether express, implied, or statutory with respect to the Cloud-Based Platform, such as any implied warranties of merchantability, fitness for a particular purpose, or warranty that may arise through a course of dealing. Except as expressly set forth in this agreement, Samaaro also disclaims any express or implied warranties that
- The Cloud-Based Platform will be secure, timely, uninterrupted, or error-free;
- The Cloud-Based Platform will meet customer’s requirements;
- Errors or defects in the Cloud-Based Platform will be corrected; or
- The Cloud-Based Platform will be free of viruses or other harmful code.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company, its officers, representatives, directors, employees, consultants, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other rights of Company or any other person or entity.
INTERPRETATION AND DISPUTES
These Terms of Use are governed by the laws of the INDIA and the State of Karnataka, without regard to any conflict of law’s provisions. Venue shall be proper exclusively in Bengaluru, Karnataka with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by Company in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed, and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.
All users of Samaaro must also follow any other guidelines or rules provided by Company or posted on this website. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms and Conditions, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the site. Please report any violations of these guidelines to the Company, as provided for in the “Contacting Us” paragraph of these Terms of Use.
ENTIRE AGREEMENT
By your access or use of this website, you hereby agree to these Terms of Use. These Terms of use constitute the entire agreement between you and Company with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Company. These Terms of Use will insure the benefit of the Company’s successors and assigns.
TERMINATION
The company may terminate or suspend your account if you are in violation of these Terms or if Company reasonably believes your use of your account or the Site could cause us to incur cost, damage, expense, or liability of any kind.
ELECTRONIC COMMUNICATIONS
You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices, or communications between you and the Company may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.
CONTACTING US
If you have any other questions or concerns regarding these Terms of Use or general support, please contact us at hello@samaaro.com