Terms and Conditions

Before using Collabo, there are a few things you should know


Last updated: October 17, 2017
Terms of User Agreement

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable (IT Act), and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. 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 privacy policy and terms of use for access or usage of the website www.gocollabo.in and the software application by the name of “Collabo” (together, Website). Zartek Technologies Private Limited (Collabo) is a private limited company registered under the provisions of Companies Act, 2013through its Website provides a platform where users can list goods and services for sale(Business). This terms of use agreement (Agreement) governs the services provided by Collabo in relation to Business and use of content, features and activities related to its Website (together, Service). This Agreement constitutes a legally binding agreement between yourself and Collabo. Further to this, your use of the Service constitutes acknowledgement that you understand and agree to the terms of this Agreement. Collabo’s Privacy Policy is also incorporated herein by reference. This Agreement shall remain in full force as long as you are a user of Services and even in the event of termination of membership, Service or feature, you will continue to be bound by your obligations under this Agreement and the Privacy Policy, including any indemnifications, warranties and limitations of liability. Please read the Agreement carefully and if you do not accept the terms, do not avail the Service. The Agreement may be updated/ modified from time to time for a number of reasons including to comply with the applicable laws and regulations, and regulatory requirements. All changes will be published on the Website, where the most up to date Agreement will be available. If any change is unacceptable to you, you should cease availing the Service. If, however, you continue to use the Service after the date on which the changes to the Agreement come into effect, you will be deemed to have accepted those changes. The words "use" and/or "using" in this Agreement mean at any point in time an individual (a "User"), being a registered user or a guest user, who avail the services of Collabo and directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from, transmit, receive or exchange data or communicate with the Website, or otherwise in any way uses, takes benefit from, takes advantage of or interacts with any function, service and/or feature of the Website, for any purpose. This Agreement does not cover your rights or responsibilities with respect to third party content. This is the entire and exclusive Agreement between you and us regarding the use of the Service.

1Scope of Service
Collabo provides an online platform for socialisation, listing of business contacts, advertising, providing information and availing bookings for various events, providing various offers on goods and services and related services within the scope of Business.
2Registration
In order to use general services offered by Collabo, Users need not register with us. However certain sections of usage of the Website and for availing benefits of all the Services offered by us, you would be required to complete registration. If registration is requested, you need to provide us with accurate and complete information. For registration, each User would be allowed to pick a unique username and password. Collabo facilitates separate registration and login for individuals and business houses/ ventures. Collabo also facilitates registration by the User’s social media accounts including Facebook, Gmail, LinkedIn etc. In case, a User opts to register by Facebook, Gmail or LinkedIn, you authorize us to access and use certain your account information, including but not limited to your public profile, profile pictures, basic information like full name, profession, educational qualifications, your friend list/ contact list and uploads which are public. The information you give access to Collabo would depend on your mode of privacy settings in social media and on Collabo. You would also be identified by your phone number and email id. Collabo requires Users to provide us with all personal and user information, as listed in its Privacy Policy, for registration (User Information). Your username and password are personal to you and you may not allow any others to use your username or password at any time or for any reason whatsoever. We are not liable for any harm caused related to the theft or misappropriation of usernames, passwords phone numbers or email ids, disclosure o fyour username or password, or your authorization of anyone else to use your username or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your username or password or any other need to deactivate your username or password due to security concerns. Passwords are issued on a personal basis. Accordingly, all content and instructions transmitted or received from anyone presenting your password on the Website will be deemed binding on you. You, the User, agree that you alone are responsible and liable for any and all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully with the full awareness that any failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible. By accepting the terms and/or registering to use the Service, you hereby agree that we shall be entitled to conduct any and all such identification and other verification checks from time to time that we may require and/or are required by the applicable laws and regulations and/or by the relevant regulatory authorities for use of the Service and our products generally. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction. You may open only one account. Should we identify any User with more than one account, we reserve the right to treat any such accounts as one joint account. We shall retain the User Information as long as you hold an account with Collabo. Upon closure of your account, Collabo has the right to retain your information for compliance with applicable law, for resolving any disputes and to enforce this Agreement. Any information that you share with other Users would be accessible to them even after you terminate your account with Collabo and we do not have control over any data that other Users copy out of Services.
3Consent To Use Data
In accordance with the Privacy Policy, Collabo may collect and use technical data such as your IP address, device ID and related information while using our Website and you consent to us collecting such information. You also consent to Collabo collecting, using, sharing and disclosing the User Information as provided in the Privacy Policy.
4Intermediary
You understand and acknowledge that Collabo is merely an intermediary facilitating the Services and Collabo is not a party to any of the transactions consummated through our platform. You would be able to conduct online payments through our platform through third-party payment gateways and Collabo is not in any way involved in such transactions. Collabo comes under the purview of ‘intermediary’ under Section 2(w) of the IT Act and is accorded the intermediary protection granted under Section 79 of the IT Act. Being an intermediary, Collabo does not control or is responsible for any information, business listing, transactions, goods or services being traded in the platform, and merely provides an online platform for facilitation of various Services and interaction between independent Users. Collabo also allows various Users to communicate with each other including but not limited to messages, postings, comments, sharing of files, photos, videos and information. Collabo does not monitor the contents being shared in the platform or the accuracy or quality of various information and business listings on our platform. If you notice any objectionable or illegal content/ information in Collabo, you are requested to notify us immediately. As mandated by the IT Act, you may be further required to obtain a court order requesting Collabo to take down any content, if we are unable to verify your claims. You understand that you may be exposed to type of contents that are listed in Clause 8. You acknowledge that you are solely responsible for and must evaluate and must bear with all risks associated with, the use of Services, contents and any loss incurred by use of Services. You understand that Collabo does not and cannot pre-screen or approve any information/business listing posted on our platform and Collabo reserves the right, in its sole and absolute discretion, to refuse, delete or remove any content for violation this Agreement or our Privacy Policy.
5Third Party Services
Certain services offered by Collabo may be provided by third-party service providers, for example payment gateways, booking tickets, availing services of the business listings on Collabo etc. (Third Party Websites). These Third Party Websites are completely unrelated to Collabo and Collabo merely connects Users to the services offered by Third Party Websites .All payments through Collabo are directed through payment gateways and you are requested to analyse the terms of use and privacy policy of the payment gateway. Further you may be subjected to the terms and policies of the Third Party Websites, in case you choose to avail their services. Collabo makes no representation and warranty as to the accuracy and authenticity of the information or services provided by the Third Party Websites. Your use of such Third Party Websites is completely at your own risk and Collabo disclaims all liability thereto.
6Intellectual Property
The design of the Website along with the text, scripts, tag-lines, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein and any other intellectual properties used by the Collabo (Marks), are owned by or licensed to Collabo, subject to copyright and other intellectual property rights under Indian intellectual property rights law and international conventions. The Website is provided to you on as-is basis for your personal use only. Collabo reserves all rights not expressly granted in and to the use of Website. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Website or any on any other materials provided by Collabo to the User is strictly prohibited except as otherwise permitted by law. You agree to not engage in the use, copying, or distribution of such contents other than expressly permitted herein.
7Advertisement
From time to time, during your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or/and use the services of or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the Advertisers). Further, you may also receive advertisements from various business houses, based on your interests, profession and previous search history. All such communication, interaction and participation is between you and the said Advertisers and we shall not be responsible or liable to you in any way in connection with these activities and/or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any of these Advertisers).
8Representation and Warranty
8.1 You represent and warrant that: a) the use of the Service will comply with all the Applicable local, state, national or international laws (Laws) and will not violate any law, regulation, or contractual obligations; b) You will not misuse the Website and acknowledge and understand that “misuse” includes, but is not limited to using the Website in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc.; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable(f) is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with the Website to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using the Service; (n) falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (o) harms minors in any way; (p) impersonates any third party; and (q) 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 offence or is insulting any other nation. You, further agree not to host, display, upload, modify, publish, transmit, update or share any information, which falls into the abovementioned categories. c) You will not infringe any third party intellectual property rights or take part in any activity which is not in compliance with applicable laws, for availing Services. 8.2 You agree and confirm: a) that you are at least 18 (Eighteen) years of age. If you are under 18 (Eighteen) years of age, you shall immediately discontinue using/browsing this Website. b) that you will use the Website, the information contained and the Services provided therein for lawful purposes only. By accepting this Agreement and using the Website, you agree to be in full compliance with all the applicable laws, rules, regulations and guidelines; c) that you are aware that the Website may require specific device configurations to load without which, the performance and/or functionality of the Website may be hindered; d) that you are aware that the Website may have access to your geographical location, by way of cookies and/or by interacting with the embedded browser on your device including through geo-location and other similar methods and you hereby confirm the access to your location by such means; e) that you have and will continue to provide accurate, current and complete information and to update such information to keep it accurate, current and complete; f) that you will not interfere with the proper working of the Website; and g) that you shall be responsible for checking the content, service description and other related information before using the relevant service or content provided through this Website. 8.3 You further agree and covenant that you shall not post information/ contents/ business listing/ advertising pertaining to: a) alcoholic beverages, tobacco products, drugs, psychotropic substances, narcotics, intoxicants (under the purview of Narcotics Drugs and Psychotropic Substances Act, 1985), unauthorised sale of palliative and curative substances etc.; b) any human body organs/parts of a living or dead person; c) prostitution or any other services which are by nature immoral, indecently represents women and which violates reasonable standards of decency and morality of Indian society; d) religious extremism or otherwise threatens the secularity and integrity of India; e) mature audience contents; f) sale of counterfeit notes or currency; g) sale or promotion of hazardous chemicals under the purview of Hazardous Chemicals Act, 1985; h) personal or financial information of any person; i) weapons, fire arms, ammunitions, tear gas, knives and related weapons and any other items prohibited under the Indian Arms Act, 1959; j) obscene and offensive materials within the purview of the Indecent Representation of Women (Prohibition) Act, 1986 and which can be used for or displaying sexual activities; k) any other actions, information, items, business contacts, advertisements within the purview of actions listed in 8.1 hereinabove.
9Disclaimer
Collabo does not endorse any content or any information, opinions, business listings, events, contacts listed in the platform and disclaims all liabilities in connection with User contents. Collabo does not permit posting any content within the scope of Clause 8above, and may at its sole discretion remove any such content if notified in accordance with applicable law. Collabo reserves the right to remove any content, business listing or events without prior notice. Additionally, Collabo may also terminate the account of such Users if they are found to be in violation of these terms and the policies of Collabo. Collabo, at its sole discretion, reserves the right to decide whether any User or any content is in violation of this Agreement.
10Governance
Your use of the Service is subject to all applicable local, state and national laws and regulations and, in some cases, international treaties that are relevant to your current location. You are responsible for all activities, acts and omissions that occur in, from, through or under your use. You shall not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any way that is, tries to, or is likely to violate any laws, regulations (including, without limitation, laws regarding gambling), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Website, other Users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Website or to use the Website in any manner which violates or is contradictory with the terms and conditions of this Agreement. Additionally, you shall not use any of the Services in any way that is likely to violate applicable laws or violates or infringes upon any intellectual property rights of third parties or act in any manner that is contrary to the terms and conditions of this Agreement. If you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in our sole and absolute discretion, and we reserve the right to disable embedded links at any time without notice to any Users. Any violation of these above terms and conditions will leave Users liable to having their Services terminated. The above statements are taken very seriously by Collabo and violation of these statements will not be tolerated.
11Promotion
We may provide Users the opportunity to register for unique promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile/cellular phones. Users are obliged to provide their consent to receive such information by complying with the specific terms related to any of these said offerings. Information that may be requested for promotions includes, without limitation, a User's preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect internet email addresses and other information and, depending on the information collected, the User may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy. The User hereby unconditionally consents that such communications via SMS/voice call/ email by Collabo is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Collabo against all types of losses and damages incurred by Collabo due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Collabo with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever. Under no circumstances whatsoever will Collabo be responsible for any wireless email or text messaging charges incurred by a User or by a person that has access to a User's wireless device, telephone number, or email address. You understand, acknowledge and agree that we may, at our sole discretion and without liability to any User, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without any advance notice.
12Non-Commercial user
Collabo hereby grants you a limited license to use the Website only for the purposes of accessing, the Website and using it for non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes whatsoever. You must not change, delete or conceal any copyright or other notices contained in the Website, including notices on any service or material you download, transmit, display, print or reproduce from the Website or such other materials provided by Collabo in the course of providing Services. You shall not, nor will you allow any third party to reproduce, change, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any material on the Service without the express prior written consent of Collabo. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under the applicable laws.
13Public Comments
The Website may provide you with an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities (Communities) and may provide you the opportunity, through such Communities to submit, post, display, transmit and/or exchange information, ideas, opinions, messages or other information (Post or Postings). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which the Postings originated. This means that you are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available through and onto the Website. Postings do not reflect the views of Collabo. We reserve the right to monitor, edit or screen all Postings made to the Website. If we determine, at our sole discretion, that any Posting does or may in any way violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse and prevent you from posting; (b) remove and delete postings; (c) remove your right to use the Service; (d) disclose any information that we deem necessary to ensure that you comply with all the applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or any other means available to us to enforce the provisions of this Agreement, including, blocking specific IP addresses or terminating your registration for the use of the Website. By using the Website or visiting the comment section you may be exposed to rude, crude, indecent, or otherwise offensive language or references. You agree that Collabo or any of their affiliates or agents will not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider in the Website.
14Warranty
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Collabo, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. Collabo makes no warranties or representations about the accuracy or completeness of the contents of the website, and contents of any materials provided to you by Collabo and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the use of the website or through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. Collabo does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service.
15Limitation of Liability
To the maximum extent permitted by the applicable laws, and under no circumstance shall Collabo, its partners, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Service, or following a failure, suspension or withdrawal of all or part of the Service at any time, any third party content, software or functions used in connection with the website even if Collabo or any or all of its agents have been advised of the possibility of such damages. In any event, Collabo shall not be liable to pay a user, for any damage whatsoever, an amount greater than ten percent of the consideration paid by you for the relevant services rendered.
16Indemnification
You agree to indemnify, defend and hold harmless Collabo, its subsidiaries, affiliates and agents and each of their respective officers, partners, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to the Website or use of the Service and related services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; or (v) your negligence or wilful misconduct. These obligations will survive termination of this Agreement.
17Data Security
Each Party confirms and agrees that it shall at all times during the subsistence of this Agreement comply with the provisions of the IT Act and the applicable rules thereunder including without limitation the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
18Severability
It is desired and intended that the terms, provisions and covenants contained in this Agreement shall be enforceable to the fullest extent permitted by law. If any such term, provision or covenant thereof to any person or on any circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the Applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the Service thereof to any person or circumstances, other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.
19Assignment
This Agreement may be assigned by Collabo to its successors and assigns including if there is any re-organization of Collabo.
20Applicable Law and Jurisdiction
Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India. The courts of Kochi, Kerala shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
21Contact Us
In accordance with the IT Act and rules made thereunder, the contact details of the grievance officer is provided below. If you have any questions or concerns about this Agreement or Privacy Policy or its implementation, you may contact the grievance officer: Name: Zameel Kainikkara Phone Number: 7722047027 E-mail: zameel@gocollabo.in
22Responsibility of the user
The User expressly agrees that use of the Services is at their sole risk. Collabo may change the features or functionality of the Services at any time, in their sole discretion, without notice. Collabo expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Collabo or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Collabo pages or otherwise use any of the contents, pages, information or any other material provided by Collabo. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the terms of use, is to discontinue using the Services of Collabo. I authorize Collabo representative or any Users of Collabo to contact me over phone, message and email. This consent shall supersede any preferences set by me through Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
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