TERMS OF USE



1. GENERAL

a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.

b) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the domain name Email.in (“Website”) which are owned and operated by Smartworkz Digital Private Limited (“Company”), a Private limited Company registered under the provisions of the Companies Act 2013, and having its registered office at 6B, Vaishnavi Cynosure, Gachibowli, Hyderabad - 500032, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

c) For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
i) The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on this Platform, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
ii) The terms ‘We’, ‘Us’, ‘Our’ shall mean the Website or Platform and/or the Company, as the context so requires.
iii) The terms ‘Party’ &‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

d) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an Orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

e) The use of the Platform by the User is solely governed by these Terms as well as the Privacy Policy (“Policy”, available at the Platform) and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion.If You continue to browse and use this Website / Platform You are agreeing to comply with and be bound by the following terms and conditions of use, which together with Our privacy policy in. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Section 5 hereunder.

f) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

g) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Platform. If the User does not adhere to the changes, it must stop using the Services. Your continuous use of the Services will signify your acceptance of the changed terms.

2. MODE OF OPERATION

The Website is a platform where Users can search for possible names of email addresses at the email.in website.
The Website cannot guarantee that it will offer the service of email address registration, email software, hosting or any service.
The Website cannot guarantee that the User will get an email address whether it is available or unavailable at the time of searching for it.
The Website cannot guarantee that the User will get a reply after submission of their details.

All communications and data submitted by Users is stored and used in accordance with the Privacy Policy. You understand that the Website is in no way responsible for:
i. your communications and interactions with other users on the Platform, the outcome of your interactions with other Users on the Platform;
ii. browsing and searching done by you before communicating with other users;
iii. your decision to avail the services of another user;
iv. cancellation or unresponsiveness of the users to your Enquiries;
v. non-availability of the users or any of their equipment, services, etc.;
vi. any violation of the IP rights of a third party by you;
vii. any violation of any applicable laws and regulations at the federal, state, local and international level as a result of your actions, including without limitation any content submitted by you on the Platform.

3. CONTENT

All information provided by Users are self-declared and not verified by the Company/Platform. You must have the rights and/or permissions to share all Content (text, images, videos, design files, etc.) that you submit to the Platform and all such content must be your own creation. If you have used any materials that are owned by another person, then you must have the appropriate license that grants you the permission to use them. Any content submitted by you must not infringe upon the intellectual property (trademark, copyright, patent or any other proprietary rights) of a third party. If you violate these policies, you will be solely responsible for your actions and will hold the Platform and Company indemnified and harmless against any claims that may arise by third parties.

You also warrant that the Website will not need to obtain licenses or pay any kind of royalties to any third-party with respect to your Content.

Users agree that the Website may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, audio, video and film, posting, listing, order placed or enquiry posted on the Platform to create marketing materials (collectively, "Content"), in whole or in part, in any manner or media as the Company/ Platform sees fit, and the Company/Platform does not claim any ownership rights in any such Content.

The Website offers information but does not intend to provide the services or act in any way as a service provider and has no responsibility or liability for any services provided to you by other users.

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. Users can’t copy, adapt, and modify any content without written permission of the Company.

4. ELIGIBILITY

a. The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
b. If you are accessing the Platform from outside the territory of India, then you must be competent to contract as per the local laws of your location.

5. TERM

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.
A User may terminate his/her use of the Platform at any time. The Platform or the Company may terminate these Terms and close a User account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

6. TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the software as a service offered on the Platform, or any portion thereof, at any time, without notice or cause. The Website also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of the Website and/or other visitors to the web site. The Website reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 5 hereinabove.

7. COMMUNICATION

By using this Platform, and providing his/her contact information to the Company through the Platform, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls/email messages/text messages, the User may send an e-mail to the effect to info@email.in with the subject [Unsubscribe]. The User agrees and acknowledges that it may take up to thirty (30) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Platform or anything pursuant thereto. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.

8. REGISTRATION

To fully avail the Services of the Platform and use of it, registration is required. You may access the services by signing in as User by providing the following information which shall include but not be limited to Name, Gender, Mobile Number, Email id, Profession, Date of Birth etc. The Website also offers Sign Up process with our own sign up system and other platforms such as Facebook and Google+.

The Website uses Facebook Connect and Google+ platforms as a medium for signing up only. The user data collected by the Website shall only be through the above mediums which will be provided by the intended user through their Facebook or Google+ profile, no other data shall be collected/used by the Website apart from those that was permitted during Sign Up process. However, kindly note that the manner in which Facebook and Google+ uses, stores and discloses your information is governed solely by its policies, and the Website bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the Service.

Registration for this application is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the application or availing any of its Services.

Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.

Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.

9. CHARGES

The Company reserves the right to amend the fee policy for use of the Platforms, the download of the Platform and the charges for any or all services offered/rendered. In such an event, the User will be intimated of the same when it attempts to access the Platform, and the User shall have the option of declining to avail of the services offered on the Platform. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.

10. PAYMENT

To process financial transactions on the Platform, We may use third-party electronic payment processors or service providers (“ESPs”). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.

The Company accepts the following modes of payment:
a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
b) Visa Debit cards issued by domestic banks and those which are acceptable by the ESP;
c) Net banking/Direct Debit payments from select banks in India;

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or the Amex Safe key to complete the transaction.

The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By using the Platform, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Platform, or affiliated Platforms where reference to such affiliated Platforms has been specifically made. However, subject to development of the mode of payment the payment gateway might change.

11. USER OBLIGATIONS

The User agrees and acknowledges that he/she is a restricted User of this Platform, and that he/she:
a) Agrees to provide genuine credentials during the process of registration on the Website Platform. You shall not use a fictitious identity to register.We are not liable if the User provide incorrect information.
b) agrees to ensure the email address and mobile number provided during account Registration are valid at all times and shall keep your contact information accurate and up-to-date.In Case of change in mobile number, the User will have to create a new User account. The user can update his/her email id anytime.
c) Agrees that he/she are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d) Agrees and understands that he/she can use the Website only after login.
e) Understands and agrees that, to the fullest extent permissible by law, the Website and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Platforms or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

12. SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the application to the User, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other Users or to the Platform/Company, at the sole discretion of the Company.

13. INDEMNITY

a. You agree to indemnify, defend and hold harmless the Company/ Platform, its independent service providers, third party service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

i. Your use of the website,
ii. Any Discussions or Messages you provide;
iii. Your violation of these Terms and Conditions;
iv. Your violation of any rights of another;
v. Your conduct in connection with the Platform(s); or
b. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.

In no event shall the Company/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the services or materials contained therein.

14. LIMITATION OF LIABILITY

a. The Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Platform or any product purchased or service availed of by the User through Platform. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
b. Users may be held legally responsible for damages suffered by other Users, the Platform or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Platform.
c. All Users are to comply with all laws applicable to them or to their activities, and with all posted the Website Policies, which are hereby incorporated into this Agreement by reference.
d. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
e. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the the Platform.

15. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.

The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned services are listed for sale to the Users of the Platform, and the neither the Company nor the Platform owns any of the intellectual property relating to the services displayed on the Platform.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

16. DISLAIMER OF WARRANTIES AND LIABILITIES

a) Except as otherwise expressly stated on the Platform, all services offered on the Platform are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) The User agrees and undertakes that it is accessing the Platform and transacting at his/her sole risk and are that it is using his/her best and prudent judgment before availing any service listed on the Platform, or accessing/using any information displayed thereon.
c) The Company/Platform makes no representations as to the reliability, capability, honesty or qualifications of any User or the quality, security or legality of any Services and the Website disclaims any and all liability relating thereto. The Company/Platform does not implicitly or explicitly support or endorse the procurement of any services on the Platform.
d) The User agrees that any kind of information, resources, activities, recommendations obtained/availed from website/application, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Platform and the Platform doesn’t make any warranty about the conduct of Users on the Platform.
e) The Company/Platform does not guarantee that the functions and services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
f) The Platform may avail services from third party to serve you better and these services will be provided on “as is” basis and the Platform disclaims any liabilities resulting from these third party services. The Platform will not be responsible for any internet delays and damages caused by such problems.
g) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

17. SUBMISSIONS

Any comments, ideas, suggestions, initiation, or any other content contributed by the Users to the Company or this Platform will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that it owns or otherwise controls all of the rights to the content contributed to the Platform, and that use of such content by the Company/Platform does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Platform by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Platform, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

18. FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

19. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Hyderabad, India;
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Hyderabad, India, and that the Courts at Hyderabad, shall have exclusive jurisdiction over any disputes arising between the Parties.

20. NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User writing an email to info@email.in.

21. MISCELLANEOUS PROVISIONS

a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d) Contact Us: The Users can email Us at info@email.in for any help, questions and concerns in the use of or technical problems occurring in the Platform.