CONSTRA Terms of Service
We welcome you to use CONSTRA i.e., constra.huviair.com and the product(s), services(s), data, newsletter services, news, articles and content available therein (together referred to as “CONSTRA and services”). These Terms of Use are entered between Huviair Technologies Pvt. Ltd. (hereinafter referred to as “HUVIAiR”) and the person entering into these terms or the individual/company/entity on behalf of whom the person is entering into these terms (“Customer”) ( referred to as “User”, “You “, “Your” etc.) and govern your access and use of the CONSTRA and services through any electronic device including mobile phone and computer.
By visiting CONSTRA you agree that you have read and understood the Terms of Use. If you do not agree to the terms and conditions mentioned herein, you agree to immediately stop using the CONSTRA and services. HUVIAiR reserves the right to withhold or cease Your access to its CONSTRA and services.
This agreement is effective from the date of You visiting CONSTRA.
HUVIAiR is the exclusive author, developer, proprietor and owner of the CONSTRA and services. These Terms of Use along with the Privacy Policy constitute the entire agreement between You and HUVIAiR with respect to the subject matter thereof and this supersedes all prior understanding or agreements whether oral or written regarding the said subject matter between Youand HUVIAiR.
1. USER RESPONSIBILITIES AND OBLIGATIONS
By accepting the Terms of Use, You hereby agree that:
a. You are above 18 years of age and capable of entering into a valid contract under the applicable laws.
b. You will not use the CONSTRA and services for any illegal or unauthorized purposes including for misuse of personal or sensitive personal information.
c. Irrespective of whether You are a citizen of India or of a foreign country, You will at all times comply with all the laws existing in force in India and the country of Your residence and all other concerned regulations.
d. You hereby agree and assure that You are solely responsible for Your conduct and any data, reports, text, information, graphics, that You submit and post on to the CONSTRA.
a. HUVIAiR may, at its sole discretion, permit you to publish your content/ article/ notes/ diagrams/ reports/observations/ analysis/ opinions/ comments or information (“User’s Work”) to be published on the CONSTRA and services. If you intend to have such User’s Work published, You agree to submit only original content not infringing intellectual property rights of third parties to HUVIAiR in compliance with these terms of use and privacy policy.
e. You agree that You will submit only original content not infringing intellectual property rights of third parties to be published on the CONSTRA and services.
f. You further assure and agree that You will not directly or indirectly be a part of or privy to any illegal or unauthorized use of this CONSTRA and services. Illustrations of such illegal or unauthorized use of this CONSTRA and services include but are not limited to the following:
i. Modifying, adapting, translating or reverse engineering this CONSTRA and services, extract, modify, copy or disassemble any or all of the source code and interfere with the network of HUVIAiR in the CONSTRA.
ii. Removing any copyright, trademark or other proprietary rights notices contained in the CONSTRA or any part thereof.
iii. Using any robot, spider, site search / retrieval application, or other device to retrieve or index any portion or the service(s) / product(s) offered on the CONSTRA.
iv. Creating user accounts by automated means or under false or fraudulent pretenses or use the service(s) and/or product(s) in a manner to avoid incurring fees.
v. Creating or transmitting unwanted electronic communications such as ‘spam’, or chain letters, phishing or unsolicited mass distribution of email to or otherwise interfering with other user’s enjoyment of the service by blocking.
vi. Submitting materials or representing Yourself and such material as either sponsored or endorsed by this CONSTRA.
vii. Using this CONSTRA and services and/or product(s) in any manner that infringes, or misappropriates or violates the intellectual property, publicity, privacy or other rights of any person including HUVIAiR.
viii. Restrict any other User from using the CONSTRA, product(s) and service(s).
ix. Using this CONSTRA and services to transmit any viruses, worms, defects, or other items of a destructive nature.
x. Use the CONSTRA and the services on behalf of or for the benefit of a third party who is legally prohibited from using the CONSTRA and service.
xi. Providing false information, data, inputs and materials with the intention of misleading other users, third parties or HUVIAiR.
xii. Publishing, disseminating or communicating any unlawful, defamatory, obscene, lewd, harassing, or otherwise objectionable subject matter.
xiii. Publishing false news or information that encourages violence, communal riots or hatred towards any gender, race, caste, religion or sect of people.
xiv. Advertising or performing any commercial solicitation, including the solicitation of other users to subscribe to other online information services that are in competition with HUVIAiR.
g. In the event of such unauthorized / illegal use and / or abuse of this CONSTRA and services including data available therein being discovered by us independently or reported to us, we reserve all our rights to pursue any action appropriate under the law (including but not limited to prohibition of using the CONSTRA and services) against the user to whom such unauthorized /illegal use and / or abuse is attributable to and the Customer on behalf of whom the User was committing such actions.
h. While all reasonable care and precaution has been taken to prevent such illegal and unauthorized conduct, this CONSTRA or any person affiliated to this CONSTRA including its owners are not responsible for any damage or inconvenience that You may be exposed due to misuse, or blocking by third parties or any other acts by third parties and that You use/ access the CONSTRA and services at Your own risk.
i. HUVIAiR shall not be liable or responsible for any losses or damages that may be incurred by You as a result of third parties and other users providing false and inaccurate data, or material on the CONSTRA, infringing of your intellectual property rights, misuse or falsely claiming of ownership over ideas, innovation, or any other data that You may make available in connection with you using the CONSTRA or services. HUVIAiR shall not be responsible for verifying the veracity and correctness of such content published by other users or third party service providers on the CONSTRA and services. You agree to use the CONSTRA at your own risk.
j. You will immediately inform HUVIAiR of any suspicion regarding unauthorized or illegal usage of the CONSTRA and services or the personal or sensitive personal information or data, information provided by You on the CONSTRA.
k. You will not sell, assign, sub license or create any third party rights in the rights available to You and the service(s) and/or product(s) provided to You under the CONSTRA and services.
l. You will provide accurate, complete, current and valid information sought for on the CONSTRA and services.
m. If You are accepting these Terms on behalf of the Customer, You agree that You are authorized by the Customer to use the CONSTRA and services and accept the Terms of Use on behalf of the Customer,
n. You will inform HUVIAiR immediately if there is any change in the information provided by You for using the CONSTRA and services.
o. You will use an authorized internet network to access and use the CONSTRA and services.
p. You will use Your own electronic device while accessing and using the CONSTRA and ensure that no third party accesses it without Your consent. You as well as the Customer, if any shall however be liable for any activity performed by You or any third party while using CONSTRA and services from Your electronic device (with or without Your consent)
q. You shall solely bear responsibility for ensuring that You access the correct version of the CONSTRA and services on Your electronic device(s).
r. You and the Customer if any, are solely responsible for maintaining confidentiality of all the sensitive and personal information/personally identifiable information shared by You on the CONSTRA.
2. INFORMATION COLLECTED
a. We automatically collect limited information about your computer’s connection to the internet (IP address) when you visit CONSTRA. In order to provide you the access to CONSTRA and services, HUVIAiR might also collect additional data from You, including your name, email address, contact number, location, search terms, etc. You hereby agree including on behalf of the Customer if any, that HUVIAiR may use and retain this data to provide and improve CONSTRA and services subject to the privacy policy.
b. The privacy policy related to this is separately published and you will be required to read through the same and provide consent for the policy before you commence usage of the CONSTRA or services.
c. By submitting information / data / content/ articles/ reports/ inputs/ comments to us, You the user are assigning all Your rights over such information / data/ content/ articles/ reports/ inputs/ comments so supplied and we reserve absolute and unqualified rights over such information / data / content so submitted.
d. You agree that,
i. The information collected will be stored by us for a better experience in the future and also to enable better operation of the CONSTRA and services for You.
ii. In certain instances the products(s) or service(s) in the CONSTRA which You have opted for may involve interaction with either staff from our support center or third party professionals and in such cases Your implied authorization including on behalf of the Customer, if any to declassify the data / information You have provided is presumed.
iii. In circumstances when You use CONSTRA and services on behalf of Your employer or principal, we may use the information provided by You on behalf of Yourself as well as Your employer/Customer.
iv. The information You provide may be used to notify You of new products / services of HUVIAiR, its affiliates or other companies. HUVIAiR and its affiliates shall not be responsible or liable in any manner for liability arising out of the use of the products and services of other users or companies/individuals/entities.
v. If You do not wish to receive promotional e-mail from us, an email will have to be sent to us at support@HUVIAiR.com
vi. While using the services and products under the CONSTRA You will not share any personally identifiable information of any person.
3. INTELLECTUAL PROPERTY RIGHT
a. The CONSTRA and services developed and/or made available by HUVIAiR unless otherwise stated are protected by the Indian copyright laws and other applicable laws and HUVIAiR (its parent/ affiliates/ associates) is the absolute owner of all such materials irrespective of whether they are capable of protection / registration under the relevant statute or not.
b. HUVIAiR is the absolute owner of logos, trademarks, data, content, materials, publications and Intellectual Property in all information, techniques, Know-how, software and materials, whether subject to statutory protection or not, made available on the CONSTRA and services by HUVIAiR.
c. You are granted a non-exclusive, limited and non-transferable right to access and use only the CONSTRA and services and the data made available therein, in compliance with this agreement and the privacy policy. You shall not infringe any of the intellectual property belonging to HUVIAiR including trademarks and copyrights made available in the CONSTRA and services.
d. By submitting content, articles, report, information, data, diagrams, maps or comments on the articles of other authors (“User’s Work”) to HUVIAiR for its publication on the CONSTRA and services including on the HUVIAiR Newsletter and in consideration for publication of such User’s Work and recognizing you as the author or the joint author of such User’s Work, you hereby surrender and assign, to the fullest extent allowed under the applicable laws, all of Your rights including moral rights, title and interest in any and all such User’s Work in favour of HUVIAiR.
e. To the extent that You retain any Moral Rights under applicable law over the User’s Work, You hereby ratify and consent to any action that may be taken with respect to such Moral Rights by HUVIAiR and You agree not to assert any Moral Rights with respect thereto. You hereby confirm to provide any such ratification, consent or agreement from time to time as requested by HUVIAiR.
f. You further agree to assist HUVIAiR to record and perfect such assignment and obtain, maintain, enforce and defend any rights specified to be so owned or assigned. You hereby irrevocably designate and appoint HUVIAiR as Your agent and attorney-in-fact to act for and on Your behalf to execute and file any document and to do all other lawfully permitted acts to further the purposes of the foregoing with the same legal force and effect as if executed by the You.
g. You unconditionally authorize HUVIAiR to use, share, store, copy, archive, transmit, disseminate, translate, transfer, remove, modify, distribute, reproduce, publicly perform and/or publish the User’s work manner as it deems fit, without procuring prior permission from You and for no additional consideration. HUVIAiR further reserves the right to not publish or remove such User’s Work from its CONSTRA or any other platform and modify the User’s Work as and when it deems necessary without procuring prior consent from you.
4. TERM AND TERMINATION
These Terms of Use shall remain in force from the effective date until terminated by HUVIAiR under the Terms of Use. HUVIAiR may terminate the Terms of Use if you breach the provisions of this Terms of Use. HUVIAiR, at its sole discretion may choose against terminating the Terms of Use if you cure the breach within 30 days of receiving written notice. However, HUVIAiR hereby reserves the right to suspend your usage of the CONSTRA and services until you cure such breach of Terms of Use.
5. LIMITED PERMISSION
a. You are permitted to print or download extracts from these pages for the purposes of complying with the applicable laws. No part of this site may be reproduced or disseminated in any electronic or non-electronic form, nor included in any public or private retrieval system or service without prior written permission.
b. Subject to compliance with the Terms of Use, You are granted non-exclusive, limited and non-assignable/non-transferable right to access and use the CONSTRA during the continuance of the Terms of Use.
c. Nothing under these Terms of Use shall convey any rights, title or interest over the data, articles, materials, maps, source code, algorithm, intellectual property which enables functioning of the CONSTRA and services, or any other intellectual property that is owned and/or made available by HUVIAiR on the CONSTRA and services.
6. MODIFICATIONS/ ALTERATIONS
a. HUVIAiR reserves all right to change, alter, modify or remove any of the terms and conditions of this Terms of Use including but not limited to the right to suspend services available without giving notice, alter / change or remove any or all the content available on the CONSTRA irrespective of whether such information is published by You or HUVIAiR, product or services contained on this CONSTRA, etc. without giving any sort of prior notice to that effect and we assume your consent for such alterations, deletions and changes.
b. In the interest of the User, the said change/ alterations or modifications may be published or notified to you and You hereby undertake to follow up on such developments regularly and prudently. Such modifications / alterations/ changes shall automatically be incorporated into this agreement and in the event You continue to use this CONSTRA and services, You shall automatically have consented to / agreed to be bound by the said modifications / alterations / changes/ deletions.
7. THIRD PARTY SERVICES
The User hereby acknowledges and agrees that
a. The CONSTRA may provide links and hyperlinks solely for the purpose of your convenience and in no way does the inclusion of any such link on the CONSTRA imply our affiliation or endorsement of the linked site unless expressly mentioned by us. HUVIAiR accepts no liability for losses that may be incurred by You as a result of You using the services or products of such third parties.
b. You will indemnify and keep indemnified HUVIAiR against any and all liability arising out of or in connection with violation of the policies and terms of use of any third party CONSTRAs or services that may be available on the CONSTRA and services.
8. SUSPENSION OF USAGE
a. HUVIAiR reserves the right to immediately suspend Your use and deny access to the CONSTRAs, services, and/ or product(s) or information/data/contentavailable on the CONSTRA if there is an emergency security threat or there is a requirement to suspend such use to comply with applicable law or there is a need to update or rectify defects in the CONSTRA or during its maintenance without providing you notice.
b. If HUVIAiR suspects that You are infringing its intellectual property or that of a third party, HUVIAiR may decide to suspend Your usage and prevent access to the CONSTRA and services. You hereby provide your express consent to HUVIAiR for obtaining and using any data that may be provided by you to or available with HUVIAiR during your usage of the CONSTRA and services failing which HUVIAiR at its sole discretion might prevent you from accessing the CONSTRA and services or portions thereof.
c. Nothing contained under this agreement shall compel HUVIAiR to provide any services offered in the CONSTRA and services.
9. VALIDATION AND FEEDBACK
The feedback provided by the User and the Customer, if any on the CONSTRA and services may be used by HUVIAiR in any manner it deems fit and the User irrevocably assigns all non- exclusive license, right and interest in such Feedback and Validation report.
10. INDEMNITY
You on behalf of yourself as well as the Customer, if any hereby indemnify and hold HUVIAiR harmless against any losses, damages, liability, claims and expenses incurred by HUVIAiR as a result of You breaching the Terms of Use and/or the applicable laws including infringing intellectual property rights of third parties and other users.
11. WARRANTY
a. All guaranties, warranties and representation not expressly made under the Terms of Use are excluded from the Terms of Use to the maximum extent permissible by law. The CONSTRA and services are provided as is. HUVIAiR makes no warranties of any kind, express or implied including warranties of fitness, merchantability, fitness for use, error free and uninterrupted use of the CONSTRAs and services, non-infringement of the materials and content therein.
12. LIMITATION ON LIABILITY
a. HUVIAiR does not accept responsibility for the accuracy and correctness of any content, information, data, materials, reviews, or any other content made available on the CONSTRA or services.
b. You expressly understand and agree that HUVIAiR shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use the CONSTRA and services.
c. To the maximum extent permitted by applicable law, HUVIAiR shall not be held liable under these Terms of Use for more than the amount paid by the User to HUVIAiR under this Terms of Use during the 6 months before the event giving rise to liability or Rs.100 whichever is lesser.
d. HUVIAiR accepts no liability towards any losses or damages that may be incurred by You as a result of disclosure or infringement of any of your confidential information or Intellectual Property Right by third party.
h. HUVIAiR accepts no responsibility for any content published on the CONSTRA and services including news or news articles involving ideological or political affinity, scandalising, defaming or offending you or being inaccurate and false and you agree to use the CONSTRA at your own risk.
13. ASSIGNMENT
In the event where HUVIAiR and / or its parent company is acquired by another legal entity, then the terms and conditions set forth in this agreement shall continue to stand valid and the user undertakes to continue to be bound by these terms and conditions notwithstanding the assignment of this agreement to another entity. The User shall not assign the terms of this agreement to any third party without the express written consent of HUVIAiR.
14. FORCE MAJEURE
HUVIAiR shall have no liability when there is cessation, interruption or delay in the performance of HUVIAiR’s obligations due to any reasons beyond its controls including among other things breakdown of concerned servers, interruptions in communication channels, earthquakes, volcanoes or such acts of God, labour controversy, civil disturbance, economic recession, internet failures, computer equipment failures, telecommunication equipment failures, fires, floods, storms, epidemics, pandemics including Covid – 19, order or domestic or foreign courts, war or the inability to obtain services from other third party service providers, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgement or decree.
15. LAW
This agreement shall be governed by the Laws of India. The Courts of Law at Bangalore shall have exclusive jurisdiction over any disputes arising under this agreement.
16. MISCELLANEOUS
If any term or clause of these Terms of Use are declared to be invalid, void or unenforceable, the rest of the agreement will remain effective. Non-exercise or delay in exercise of rights under this Terms of Use or the applicable laws shall be construed as waiver of such rights. All notices under this Terms of Use shall be in writing and sent to HUVIAiR at its email address support@huviair.com. In addition to the reliefs and remedies available under the Terms of Use, HUVIAiR shall be entitled to any other equitable relief available under the law.
