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Terms & Conditions

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at legal@insomniacs.in.

Introduction

These terms and conditions govern your use of this website/app; by using this website/app, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website/app.

You must be at least 18 [eighteen] years of age to use this website/app. By using this website/app and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use website/app

Unless otherwise stated, Insomniacs Digital Private Limited and/or its licensors own the intellectual property rights published on this website/app and materials used on Insomniacs Digital Private Limited. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website/app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

Our product price starts from INR 5,000 to INR 5,00,000

You must not

  • republish material from this website/app in neither print nor digital media or documents (including republication on another website/app);
  • sell, rent or sub-license material from the website/app;
  • show any material from the website/app in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website/app for a commercial purpose; edit or otherwise modify any material on the website/app;
  • redistribute material from this website/app - except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website/app through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website/app in any way that causes, or may cause, damage to the website/app or impairment of the availability or accessibility of Insomniacs Digital Private Limited or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website/app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website/app without Insomniacs Digital Private Limited's express written consent.

This includes

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • 'framing' (iframes)
  • Article 'Spinning'

You must not use this website/app or any part of it to transmit or send unsolicited commercial communications.

You must not use this website/app for any purposes related to marketing without the express written consent of Insomniacs Digital Private Limited.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website/app, for whatever purpose.

You grant to Insomniacs Digital Private Limited a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Insomniacs Digital Private Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Insomniacs Digital Private Limited or a third party (in each case under any applicable law).

You must not submit any user content to the website/app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Insomniacs Digital Private Limited reserves the right to edit or remove any material submitted to this website/app, or stored on the servers of Insomniacs Digital Private Limited, or hosted or published upon this website/app.

Insomniacs Digital Private Limited's rights under these terms and conditions in relation to user content, Insomniacs Digital Private Limited does not undertake to monitor the submission of such content to, or the publication of such content on, this website/app.

No warranties

This website/app is provided “as is” without any representations or warranties, express or implied. Insomniacs Digital Private Limited makes no representations or warranties in relation to this website/app or the information and materials provided on this website/app.

Without prejudice to the generality of the foregoing paragraph, Insomniacs Digital Private Limited does not warrant that

  • this website/app will be constantly available, or available at all; or
  • the information on this website/app is complete, true, accurate or non-misleading.

Nothing on this website/app constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Insomniacs Digital Private Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website/app

  • to the extent that the website/app is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Insomniacs Digital Private Limited has been expressly advised of the potential loss.

Exceptions

Nothing in this website/app disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website/app disclaimer will exclude or limit the liability of Insomniacs Digital Private Limited in respect of any

  • death or personal injury caused by the negligence of Insomniacs Digital Private Limited or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of Insomniacs Digital Private Limited; or
  • matter which it would be illegal or unlawful for Insomniacs Digital Private Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website/app, you agree that the exclusions and limitations of liability set out in this website/app disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website/app.

Other parties

You accept that, as a limited liability entity, Insomniacs Digital Private Limited has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Insomniacs Digital Private Limited's officers or employees in respect of any losses you suffer in connection with the website/app.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website/app disclaimer will protect Insomniacs Digital Private Limited's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Insomniacs Digital Private Limited.

Unenforceable provisions

If any provision of this website/app disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website/app disclaimer.

Indemnity

You hereby indemnify Insomniacs Digital Private Limited and undertake to keep Insomniacs Digital Private Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Insomniacs Digital Private Limited to a third party in settlement of a claim or dispute on the advice of Insomniacs Digital Private Limited's legal advisers) incurred or suffered by Insomniacs Digital Private Limited arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Insomniacs Digital Private Limited's other rights under these terms and conditions, if you breach these terms and conditions in any way, Insomniacs Digital Private Limited may take such action as Insomniacs Digital Private Limited deems appropriate to deal with the breach, including suspending your access to the website/app, prohibiting you from accessing the website/app, blocking computers using your IP address from accessing the website/app, contacting your internet service provider to request that they block your access to the website/app and/or bringing court proceedings against you.

Variation

Insomniacs Digital Private Limited may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website/app from the date of the publication of the revised terms and conditions on this website/app. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Insomniacs Digital Private Limited may transfer, sub-contract or otherwise deal with Insomniacs Digital Private Limited's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Insomniacs Digital Private Limited's Privacy Policy constitute the entire agreement between you and Insomniacs Digital Private Limited in relation to your use of this website/app, and supersede all previous agreements in respect of your use of this website/app.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Mumbai, MH, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Mumbai, MH.

You can contact Insomniacs Digital Private Limited by email at our email address link at the top of this Terms and conditions.

For other module specific terms or agreements, please refer to particular pages of the modules.