Adgento App - User Terms & Conditions & Disclaimer
This document is an electronic record in terms of the 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. We recommend that you print a copy of these Terms and Conditions for future reference.
Access to and use of “AdGento” (pronounced as AdGento, available as “AdGento” on the Google Playstore), (the "App"), and all services, media and content, made available through it from time to time (the "Services") is granted by us on, and subject to, the terms and conditions set out below (the "T&Cs").
The App is a digital portal which offers integrated services to get you online and market your business and company. A Registered user can post advertisements to market various services or products. The Registered User can also purchase paid subscriptions to improve the visibility of his advertisements. A Guest User or Registered User can browse through the advertisements and seek to contact the advertiser. The Guest User must provide additional information to make contact with the advertiser. Registered Users can have their phone number verified via OTP or additional information verified via KYC documentation.
1. Information about us:
AdGento (pronounced as AdGento, available as “AdGento” on the Google Play store) is an App operated by AdGento Digital Pvt. Ltd. ("AdGento" or “We”). AdGento Digital Pvt. Ltd. is a company registered under the Companies Act, 2013 in 2018.
The Users of the app is for the purpose of access to content, services and information provided as defined below:
- Guest User: A Guest User is any person who has downloaded the App and thereafter opens it or runs it.
- Guest Plus User: A Guest User who in order to contact an advertiser provides additional information which may include personal information.
- Registered (OTP) User: A User who registers with AdGento and creates an account by providing information which may include email address and mobile number that will be verified by AdGento through an OTP method.
- Prime User: A Registered User who verifies his account using a KYC procedure by providing additional information which may include personal information and copies of government identity proof.
- Registered User: Registered User shall mean both a Registered (OTP) User and a Prime User. A Registered User shall include the definitions for Registered (OTP) User as well as Prime User.
- User: A User shall mean Guest Users, Guest Plus Users, Registered (OTP) Users, Prime Users and Registered User. A reference to User shall include all the above definitions.
Access the App:
- We may update the App from time to time, and may change the content at any time, without any prior notice.
- We do not guarantee that access to our App, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our App without notice. We will not be liable to any type of User on the App if for any reason our App is unavailable at any time or for any period.
- You are responsible for making all the arrangements necessary for you to have access to our App.
- You are also responsible for ensuring that all the persons who access our App through your internet connection, personal devices or through your account are aware of these T&Cs and any other applicable terms and conditions, and that they comply with them.
No reliance on Information:
- The content on our App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional, legal or specialist advice before taking or refraining from taking any action, on the basis of the content on our App and do so only after completing your due diligence.
- Although we make reasonable efforts to update the information on our App, we provide the App, information, media and content on the App on an As-Is basis, and we make no representations, warranties or guarantees, whether express or implied that the content on our App is accurate, complete or up-to-date.
- We will not be liable for any loss or damage caused by a virus, trojan, worm, logic bomb, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material (each or collectively a "Virus") due to your use or access of our App or to your downloading of any content on it, or on any App or website linked to it.
- We do not guarantee that our App will be secure or free from bugs (unintentional harmful software) or viruses.
- You are responsible for configuring your information technology, computer programs and platform in order to access our App. You should use your own virus protection and firewall software.
- You must not misuse or attack our App by knowingly introducing Viruses. You must not attempt or allow anyone to attempt to gain or to gain unauthorized access to our App, the server on which the App is stored or any server, computer or database connected to our App. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
- You may link to our App, provided you do so in a manner that is fair and legal and does not damage our reputation or take advantage of it, and that it is not defamatory.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and our App must not be framed on any other App.
- We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of content on our App other than as set out above, please contact firstname.lastname@example.org
- Where our App contains links to other Apps and resources provided by third parties, these links are provided for your information only.
- We have no control over the contents of those Apps or resources.
- The App may contain links to other Apps or websites , which in turn may contain material that has been produced by third parties not affiliated with AdGento Digital Pvt. Ltd. We have no control over those other Apps or websites and accept no responsibility or liability for information or content provided on such Apps or websites.
7. App Access
- Access to the App and the Services are protected by certain security measures. During the registration process, you will set up Access Details to enable you to access the App and Services.
- We reserve the right to suspend or invalidate any Access Details at any time and at our discretion without notice (including, without limitation, on any breach of these T&Cs or in circumstances where in our judgment such action will mitigate an identified risk or prevent the App or its Services being abused, manipulated or otherwise undermined).
- We may change, suspend, terminate or discontinue any aspects of the App or Services (including, without limitation, the availability of or access to any services, Materials, features or functions accessible through the App or Services) at any time and at our discretion without notice. We may also impose limits on certain services, Materials, features or functions, or restrict access to parts of the App, Services and/or Online Materials, or remove any Online Materials, at any time without notice or liability.
- You will advise us as soon as possible if you know or suspect that: (a) your Account Details or any security procedures are lost or misused or are disclosed to or are known by any other person, or (b) you fail to comply with our instructions and guidelines.
- You shall be liable for, and we shall be entitled to rely upon as being undertaken by you or on your behalf, any use of or access to the App that is undertaken using your Access Details, save where such use or access occurs after we have been advised by you of any loss, misuse, or disclosure of the relevant Access Details.
8. Online Materials
- AdGento Materials, include the App and all media, information, files, software and other information available through the App created by AdGento but specifically excludes User Materials (which includes User Ad Material and User Personal Information).
- User Ad Material includes but is not limited to the content of advertisements posted by the User. You will ensure that your User Ad Materials are appropriate for use within the App, and are not obscene, offensive, defamatory or abusive.
- User Personal Information includes the Name, phone number, email ID, Address & KYC Documents submitted by you.
- User Materials include User Ad Material, User Personal Information and any information collected through the App about the User which may include cookies to ensure that the User experience is relevant and consistent. User material shall also include information submitted to us in a query form.
- Online Materials include all materials available on the App including AdGento Materials and User
- No condition, term, representation or warranty, whether express or implied, is made or given by us that:
- User Materials are reliable, accurate, free from errors, or not misleading in any way;
- The App, Services, and Online Materials will be uninterrupted or error-free;
- Defects in the App, Services or Online Materials will be corrected; or
- The App, Services, Online Materials or server through which they are made available or any connected system is free of Viruses.
- A Registered (OTP) user can create/upload his/her business details, which will be made available to other users, who will search for your business or your business category.
- This Business details, uploaded by you will be called as your “Station”.
- A registered (OTP) user can create as many as stations he or she wants to create.
- The Business details uploaded by the user will be verified through Telephonic or Email communication.
- The station will be made available to other users to view, only after the business details are verified by Us.
11. Using the App
- By downloading and opening the APP, you agree to be bound by these Terms and Conditions.
- As described in clause 2, a guest user can view the available or listed stations but cannot contact the stations.
- A Guest Plus User can view the available or listed stations as well as can contact the station through message or a call.
- A Registered (OTP) User can create for promoting his or her Business/Services.
- A prime user can view the other users who are interested in his/her station or the user who has shown the interest in his/her station and can also send SMS/Email to all/few of them for the purpose of promotion only.
12. Advertisement of Station
- Once, the station is made available to the users to view, the owner of the station can optimize the rank of his/her station by purchasing the paid subscription to Advertise the Station.
- On being paid the rank of the station will be optimized among other stations of the same category.
- The advertisement paid subscription fees and corresponding services will be available on the Application or website, which may be changed time to time on the discretion of the company.
- All the payments made to AdGento for purchasing paid subscription to Advertise the station will be done by NEFT/RTGS/Demand Draft/Cheque/Online payment Gateway modes only.
13. Approval of Station/Ads
- As a Registered User, and once you have provided us with all necessary Account Details, you may upload to the App: Stations (Ads) you wish to upload
- We will review all User Ad Material which you upload before it is published on the App, and may reject and remove User Ad Material for any reason. However, we will usually (but are under no obligation to) give the relevant Registered User a reason for any rejection and, where practicable, an opportunity to provide further User Ad Material where this would make our acceptance of the Ad more likely.
- In accepting an Ad for listing, we are undertaking only to make certain User Ad Material available on the App. Our acceptance of an Ad is not, and should not be taken to mean, that we are in any way endorsing, guaranteeing, underwriting, or giving any warranty or representation in relation to that Ad, or it’s associated User Ad Material.
14. Payment Policy
- Once the transaction is beyond AdGento’s control or its domain or has proceeded to the payment gateway, AdGento shall not be responsible for any payment dispute. The Registered User is liable to note any change in the amount charged and cancel any transaction if there is any change in the amount at the payment gateway. (You may notify AdGento of any such change at email@example.com and AdGento shall ensure that there are no such issues in the future. AdGento shall not be liable for any of these changes.)
- Once the transaction is on the payment gateway and till it returns to AdGento’s domain, you may be bound by the terms of service of such payment gateway. It is the User who is responsible and liable to read these terms and to ensure compliance and AdGento shall not be liable for any obligations or breaches of the said terms.
- AdGento reserves the right to modify or change its plans and features without any prior notification.
15. Cancellation & Refund Policy
- You shall provide AdGento written notice of cancellation, within 7 days of payment.
- A refund shall be processed on pro-rata basis on the amount of services used. The customer shall receive a written notice from AdGento that the refund procedure has begun and the amount to be refunded.
- The refund shall them be processed within 10 days of such notice sent by AdGento.
- A refund once initiated may not be reversed. AdGento may on its sole discretion reverse a refund if such a request is made.
16. User Obligations
- As a User you warrant and represent to us and other Users that the following are and will be true each time that you access or use the App or the Services:
You have all requisite power, authority and approvals to enter
into and perform your obligations (and/or the obligations of
the person(s) on whose behalf you are acting) under these
T&Cs you enter into via the transactions made on the App
There are no circumstances of which you should reasonably be aware
of that would prevent these T&Cs, from being and forming
legally binding obligations upon you;
Your performance pursuant to these T&Cs, does not and will not
conflict with or breach any constitutional document, contract or
applicable laws or regulations to which you are subject or by which
you are bound;
All the User Materials, which you submit to the App is complete,
reliable, accurate, free from errors, and not misleading in any
way, and will not infringe any third party rights including
intellectual property rights (IPR);
You are aware of the provisions of the relevant and applicable Act,
rule, legislation, statutes, laws, covenants or treaties as they
apply to you when you enter into the App; and
You will not do, or omit to do, anything that might reasonably be
expected to put us in breach of any applicable law
- You will provide us promptly on request with all information that we may reasonably require from time to time in connection with your access to or usage of the App and the Services.
- At all times you shall act in good faith in your dealings with us and other Users accessing the App.
17. Uses of User Data
- You acknowledge and agree that we may monitor use of the App and any User Materials.
18. Intellectual Property Rights and Confidentiality
- All right, title, interest and IPR in the App, Services and AdGento Materials are the property of AdGento or its licensors.
- All User Materials submitted to AdGento (except for User Personal Information) shall be used by AdGento under your license.
- You warrant that you have right, ownership and title in all information and User Materials provided to AdGento and that you have the authorization to provide such information to AdGento and to license its reuse and modification by AdGento.
- You license all information and User Materials provided by you to AdGento on a perpetual, royalty free, exclusive basis to use, modify and display for the purposes of listing as an Ad on the AdGento App and any related services.
- The User shall be liable to maintain the requisite permissions & licenses with regard to the User Materials submitted by them.
- AdGento shall notify you if it wishes to return such materials.
- You may only use the AdGento Materials and User Materials in accordance with the licences granted, and solely for the purpose of using the App and Services in accordance with these User T&Cs. All other use or dissemination of such Materials (by any means and in whole or in part) is prohibited without the prior written permission of AdGento. In addition, you shall ensure that you do not delete or amend any copyright or other notices displayed on such Materials or any copies of them.
- Access to or use of the App or the Services does not grant you any ownership right in the App, Services, or AdGento Materials or any User Materials.
- The "AdGento" logo and wordmark is owned by us and nothing contained on the App, Services or these User T&Cs shall constitute the grant of a licence to use such logo or wordmark.
- You shall treat as confidential and shall not (other than where permitted or compelled to do so by any applicable law) use or disclose to any person any confidential information nor permit its disclosure.
- This clause shall survive any termination of these T&Cs.
- Nothing in these T&Cs shall exclude or limit any person's liability for death or personal injury caused by its negligence, or any person's liability for fraud.
- Neither we nor any of our agents, licensors or delegates or our or their directors, officers or employees will be liable for any losses incurred or suffered by you, directly or indirectly in connection with:
Neither we nor any of our agents, licensors or delegates or its or their directors, officers or employees will be liable for any indirect or consequential losses incurred or suffered by you, whether or not those losses are foreseeable.
Materials provided to or by or on behalf of us being corrupted or
You being unable for whatever reason to access or use the App,
Services or Online Materials like blogs/events/guidebook;
Any acts or omissions by you, or any other Users, or your or their
- You will indemnify and keep indemnified Adgento, its agents and delegates and its and their directors, officers and employees (each an “Indemnified Person”) from and against all losses incurred by an Indemnified Person directly or indirectly in connection with:
The total aggregate liability of Adgento for all losses arising out of or in connection with these T&Cs, the App, Services and the Online Materials (whether such losses arise in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed INR 5,000 or the amount of any fees received from you in the preceding 12 months; whichever is more respectively.
Except as specified in this T&Cs, all express or implied conditions, terms, representations or warranties (whether implied by statute or otherwise) are hereby excluded to the maximum extent permitted by law.
Any breach of these T&Cs by you;
You violating our rights or any applicable law or rules;
Any unauthorized use or access of the App, Services or Online
Materials, from your account or a device in your possession or
belonging to you;
You accessing or using, or being unable to access or use, the App,
Services or Online Materials; and
Any costs or damages Adgento must bear due to the User filing a
police complaint for a breach or alleged breach by Adgento of this
21. Force Majeure
- We shall not be liable in any way for any losses arising from or incurred due to any failure or delay in performing or complying with these T&Cs caused by any circumstance beyond our reasonable control, which shall be deemed to include (without limitation) war, terrorism, riot, civil commotion, sabotage, vandalism, accident, break down or damage to equipment, networks or software, malfunctioning of software, corruption of data, fire, flood, acts of god, strike, lock-out or other industrial disputes (whether or not involving our employees) or legislative or administrative interference.
- On the occurrence of any such event, we may in our sole discretion and without liability terminate these T&Cs, or suspend your access to or use of the App and the Services (in whole or in part), and shall endeavour to notify you of such occurrence and termination, but reserve the right to not make such notification.
- Nothing in force majeure shall limit or exclude any liability for fraudulent misrepresentation
- Without affecting any other rights and remedies which Adgento may have and without liability from us to you for any losses which may result, we may terminate these T&Cs:
i. Immediately and without notice
You may terminate these T&Cs at any time by giving us 30 days'
notice in writing, subsequent to which any access or use, or
continued access or continued use of the App or the Services by you
shall be deemed to be a new acceptance of these terms and conditions
from such date.
In our sole opinion, you materially breach any of these T&Cs;
We are required by applicable law to terminate these T&Cs; or
ii. At any time by giving you 7
days' notice in writing
23. Effects of Termination
- On any termination of these T&Cs:
Your right to use the App and the Services shall cease;
We may terminate your access to and use of the App and Services and invalidate any relevant
You shall promptly:
Termination for whatever reason of these T&Cs shall not affect:
destroy all copies of the Access Details and any Online Materials (excluding User Materials originating from you) or other materials held by you in relation to the App and Services (in whatever form and on whatever media), save where you are required to keep any copies pursuant to applicable Laws or to perform your obligations under any Rental Agreement.
We may terminate your access to and use of the App and Services and invalidate any relevant
Any rights, liabilities or obligations which accrued before such termination
Any right to payment of fees or any other costs or due liabilities
Any of these T&Cs that are intended to continue to have effect after such termination.
- All communications shall be sent to us at firstname.lastname@example.org
- All notices or other communications may be given orally unless required to be in writing.
- Communications sent to us will be deemed received only if actually received by us.
- Communications sent by us to you:
in each case whether or not actually received by you
by post will be deemed delivered 7 days after posting
by fax or electronic mail will be deemed delivered immediately upon sending
by posting on the App will be deemed delivered 2 business days after posting
- We may transfer all or any of our rights, liabilities and obligations under these T&Cs to any third party and we shall endeavour to make all efforts to notify you of any such transfer. You will be deemed to have accepted to such transfer by continuing to access or use the App or the Services after such notification.
- We may delegate the provision of the App or the Services or the performance of any obligation or function and reserve the right to use any agents on such terms as we may deem fit.
- You shall not assign or transfer (or purport to assign or transfer) or otherwise deal with (including through the declaration of a trust) in whole or in part, your rights or obligations under these T&Cs without our prior written consent.
26. Changes to these terms:
- We may amend these T&Cs by giving written notice to you or by conspicuously posting such amendments on the App, but reserve the right to amend them with no notice. You may view such amendments by referring to the current version of these T&Cs which is available by way of a hypertext link on the introductory screen of the App or contained in an email sent to you by www.adgento.com.
- We may vary or rescind these T&Cs without the consent of any other User.
- Any amendment will take effect on such date as we will specify, which date will be no earlier than any applicable law may require.
- Without prejudice to the foregoing, you shall be deemed to have accepted any such amendment if you continue to access and use the App or the Services after the date we have specified
27. Applicable Law
- These T&Cs shall be governed by, construed and take effect in accordance with the laws of India.
- The courts of Dehradun, Uttarakhand shall have exclusive jurisdiction to adjudicate any claim, dispute or matter of difference that may arise out of or in connection with these T&Cs, the App or its Services.
28. Third Party Rights
- These T&Cs are not intended to be for the benefit of, and shall not be enforceable by, any person other than you and Adgento whether under applicable law or otherwise.
- All rights expressed in these T&Cs to be owed to Adgento shall be construed as owed also to all other Users, as exist from time to time. This means that other Users may be able to sue you directly for loss or damage caused to them by your failure to meet specific obligations to them arising and enforceable under these T&Cs.
You agree that the exclusions and limitations set out in these T&Cs are reasonable considering:
The nature of the App and the technology used to provide the App, to use and access it and to participate in the Services.
The availability of insurance against the risks and losses which might arise in relation to such use, access and participation.
30. Entire Agreement
- These T&Cs shall contain the entire agreement and understanding between us, and supersede all prior agreements, understandings or arrangements (both oral and written), in relation to the App and Services.
- In agreeing to these T&Cs, you confirm that you have not relied upon and waive any rights or remedies in respect of any representation, warranty, collateral agreement, arrangement or understanding, whether written or oral, given or entered into by any person (whether a party to these User T&Cs or not) except those expressly set out or referred to in these T&Cs.