In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
If you do not agree with any of these terms, please discontinue using the Application & Website.
(d) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Application & Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
To fully avail the services of Amber and use it, registration is required. Membership of this website is available only to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Application, 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 Website / Application for availing any of its services.
Further, at any time during Your use of Wesite & Application, 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 on Amber has reason to believe You have done so, We hold the right to permanently suspend Your account.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
The downloading and installing of this Application is free of cost, along wit the use of Amber Website. However, We reserve the right to amend this no-fee policy and charge Users for downloading and installing the Application. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website & Application, including but not limited to downloading and installation of the Application by the User.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
6.1 You hereby certify that you are at least 18 years of age.
6.2 You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
6.3 You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Application & Website, including, without limitation to, any usage rules set forth in this Agreement.
6.4 You undertake not to:
(a) Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Application & Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Application & Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
(b) access (or attempt to access) the Application & Website and/or the materials or Services by any means other than through the interface that is provided by the Application & Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application & Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application & Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application & Website is prohibited. You acknowledge and agree that by accessing or using the Application & Website or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application & Website. Further, You may report such offensive content;
(c) use the Application & Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
(d) use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
(e) abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
(f) engage in any activity that interferes with or disrupts access to the Application & Website or the Services (or the servers and networks which are connected to the Application & Website.
(g) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application & Website or another's mobile phone;
(h) download any file posted in the Application & Website that you know, or reasonably should know, cannot be legally distributed in such manner;
(i) probe, scan or test the vulnerability of the Application & Website or any network connected to the Application & Website, nor breach the security or authentication measures on the Application & Website or any network connected to the Application & Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Application & Website, or exploit the Application & Website or Service or information made available or offered by or through the Application & Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Application & Website;
(j) disrupt or interfere with the security of, or otherwise cause harm to, the Application & Website, systems resources, servers or networks connectedto or accessible through the Application & Website or any affiliated or linked applications;
(l) violate any applicable laws or regulations for the time being in force;
(m) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(n) disseminate information through the Application & Website that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force.
(o) Amber reserves the right to use your assignment pictures on the Website, Applications & use it any required purposes.
(a) In some situations, the company may require additional verifications before accepting any booking, which shall be provided by the User.
(b) The Company reserves the right at any time after user’s request to accept or decline the request for any reason which will be intimated to the User in advance.
(c) To cancel any booking, the user should convey her cancellation by informing customer care of AmberStudent. If the user has finalized an apartment, and proceeds with cancellation, then a cancellation charge of 30$ applies for the same, and also abides by the cancellation policy specific to any other agreement accepted during the procedure.
(d) There won’t be any refunds after the user has signed and accepted the lease agreement.
(e) The User will be bound by the Cancellation Policy of the Company and shall not hold the company liable for any loss that she/ he may incur due to cancellation of the bookings. The company reserves the right to withdraw or modify any promotional services at any time without any liability towards the User. Any eligible refund will be initiated by the Company within ten working days after the approval of cancellation request.
From time to time, the Application & Website may automatically check the version of the Application & Website installed on the Authorized Device and, if applicable, provide updates for the Application & Website (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application & Website. By installing the Application or login on Website, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application & Website and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
Upon download and installation of the Application, You grant the following permissions to the Company to perform the following actions on the device You have installed the Application in.
(a) To read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage;
(b) To access information about networks, access networks including wi-fi networks, receive and send data through the network;
(c) To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
(d) To determine Your exact location from sources such as, but not limited to GPS;
(e) To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device;
(f) To retrieve information about other application running on the device the Application has been installed on and open them;
(g) To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
(h) To access and change the display and sound settings of the device the Application has been installed in.
(a) All information, content, services and software displayed on, transmitted through, or used in connection with the Application & Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application & Website, and solely for your personal, non-commercial use.
(b) You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application & Website, not to insert any code or product or manipulate the content of the Application & Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
(a) We respect the intellectual property of others. If You believe or are aware of any infringing material on the Website & Application, please contact Us at firstname.lastname@example.org / +91-8080763763.
(b) Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website & Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
(1) You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
(2) all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
(3) the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Website & Application that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites & Applications, to include the information in a searchable format accessible by users of the Website & Application and other affiliated Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
(a) The Website & Application can be used in the territory of India. We make no representation that materials or Content available through our Website & Application is appropriate or available for use outside of this country (India).
(b) If You access or use the Website & Application from a country or location outside of India, You are solely responsible for compliance with necessary laws and regulations for use of the Website & Application.
(a) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Application & somewhere on the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
(b) Amber Healthcare Solutions Pvt. Ltd. has no obligation to provide You with a copy of the information You or any other User provides on the Website & Application or that the Website & Application has accessed.
(c) Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via registered email to the Users and/ or by posting a notice on the home screen of the Application.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website & Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website & Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
(a) Your use or any Third Party’s use via Your account of the Services provided by Amber and its Content;
(c) Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
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.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
14.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
14.2 Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Mumbai, and You hereby submit to the personal jurisdiction of such courts.
(a) Service fees and Refund Policies: We have a number of partnerships with properties, where properties pay a small commission for each booking. but to give you more options, sometimes we suggest you options where we don’t have partnerships. For those accommodations, we charge a nominal fee of 49 USD per person for the complete process of accommodation search and leasing. This fee is payable when you like a particular apartment suggested by our customer care executive. 49$ are refundable when: you send the completed leasing forms back within 36 hours after amberstudent executive sends it to you and still, amberstudent is unable to book the accommodation.
49$ is non-refundable: a). After Amberstudent executive sends you the booking form or subsequent leasing procedures for the accommodation you liked. b). If you take more than 36 hours to send the filled leasing forms and the accommodation go out of market
(a) Transaction charges: Transaction
(b) Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
(c) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, 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 other such breach, or a waiver of any other breach of this Agreement.
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