TERMS

The registered domain name blinc.tech (hereinafter referred to as "Website") created by www.wix.com, owned and controlled by Digital Blinc Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at Mittal Tower, A/1, Free Press Journal Marg, Nariman Point, Mumbai, Maharashtra - 400021 (hereinafter referred to as "the Company"). 

 

Note 'user', 'you', 'your' and 'yours' are references to the person(s) accessing this website, while 'we', 'us' and 'our' are references to the Company.

1. Introduction

1.1  These Website Standard Terms and Conditions contained herein on this webpage shall govern your use of our Website including all pages within this Website.

1.2  ‘Digital Blinc Technologies Private Limited’ is an information technology company which specializes in travel, retail and payment systems (hereinafter referred to as “Services”) on its website. These Terms and Conditions of Use will apply to all persons who access the Website and to all persons to whom Services are provided by Company. By using the Website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.

1.3  Access to the Website and the Services is subject to your compliance with and acceptance of these Terms and Conditions of Use, the Privacy Policy other policies and any other terms and conditions which may be applicable to availing the Services as detailed in the relevant page pertaining to such Services, collectively referred to as "the Terms". If you register with our Website, submit any material to our Website or use any of our Website Services, we will ask you to expressly agree to these terms and conditions.

1.4  You must be at least [18] years of age to use our Website; by using our Website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5  Our Website uses cookies; by using our Website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy]. 

 

1.6  Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter "the User Agreement") between a User and Company vis-à-vis the use and access of the Website, provision of Services and all other matters arising out of or in connection therewith.

2. About the Company

We are a “next-generation technology” company that focuses on building products and services that solve industry pain points. We design innovative products in the travel, retail and payments space. Our services arm supports businesses and develops expertise in niche technology areas. We also provide travel and retail services in core areas like CRS, loyalty platform, productivity tools and digital platforms.

3. License to Use, Browse and Access the Website

3.1  Please ensure that you read and understand the Terms carefully. By accessing the Website and/or using the Services, you agree to be bound by the Terms and signify your voluntary consent thereof.

3.2  The User may view pages from our Website in a web browser and use the website Services subject to the other provisions of these terms and conditions for personal or business purposes only and not for any other purpose.

3.3  Downloading, editing and modifying any materials on the Website is expressly prohibited.

3.4  ​Unless you own or control the relevant rights in the material, you must not:  

 

  • Republish material from our Website (including republication on another website);

  • Sell, rent or sub-license material from our Website;

  • Show any material from our Website in public;

  • Exploit material from our Website for a commercial purpose; or

  • Redistribute material from our Website (this is exclusive of our newsletters in print and electronic form which may be redistributed to any person)

  • Circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website. 

3.5  ​You must notify us in writing immediately if you become aware of any unauthorized use.

3.6  ​User must ensure that all the information supplied to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.

3.7  We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion.

4. Liability of User

​The user must not:  

 

  • Use our Website in any way or take any action that causes, or may cause, damage to the availability and accessibility of the Website;

  • Use our Website in any way that is or is in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

  • Use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any computer virus and other malicious computer software;

  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;

  • Access or otherwise interact with our Website using any automated means [except for the purpose of [search engine indexing];

  • Use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

  • User must not use data collected from our Website to contact individuals, companies or other persons or entities.

  • In the event that a User is blocked, suspended or otherwise prevented or prohibited from accessing the Website Services, then the User shall not attempt to access the Website or procure Services through any other false identity.

5. Services

​The Services provided by Company are travel and retail services and in core areas like CRS, loyalty platform, productivity tools and digital platforms. The Company will collaborate with global companies that provide niche technology to airline, airports and the retail industries.

6. Representation and Warranty

​6.1  The Services are provided “as is” and “as available” in accordance with the terms of this Agreement. Company hereby excludes all other terms, whether express, implied or statutory, including, without limitation, any warranties and conditions of quality, performance, non-infringement, merchantability, or fitness for use or any particular purpose or requirement.

6.2  The Company strives for 99.99% system up-time, but on rare occasions system maintenance, upgrades or events outside the Company’s control may result in Services or some functionalities being temporarily off-line. The Company will endeavour to ensure that these occasions are as infrequent and short as possible and that you are notified, wherever possible, in advance. However, the Company does not represent or warrant that the Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free.

7. Limitation of Warranty

​7.1  The Company has taken reasonable steps to ensure that all the information on the Website is correct, however, it does not guarantee it and will not be responsible for the accuracy or completeness of any data, information, Services, except as specifically mentioned in the Terms.

7.2  The Company will not be responsible for any losses, damages, costs, claims, charges, suits or proceedings of any nature whatsoever arising out of or in connection with the provision of the Services or access of the Website by a User for any reason whatsoever. The generality of the foregoing shall not prejudice the specific disclaimers stated elsewhere in the Terms.

8. Breach

In the event that any User commits or attempts to commit or abets the commitment of, in the sole discretion and opinion of the Company, a breach of any nature whatsoever of the Terms or the User Agreement, whether in letter or spirit, then without prejudice to the rights of the Company contained elsewhere in the Terms or under law, the Company shall have all the following rights:

  • To terminate, without reasons or notice, the User Agreement with a User;​

  • To block, suspend, delete or restrict access to the User;

  • To block or restrict access to the Website;

  • To refuse or cease the provision of Services to such User;

  • To remove any information of any nature whatsoever on the Website posted, uploaded, published, displayed or submitted by a User;

  • To initiate all or any legal proceedings against a User for breach, civil and / or criminal, including (but not limited to) proceedings for indemnity, losses, damages and / or injunctions as appropriate;

  • To cooperate (without notice to the User) with all or any Governmental or legal authorities involved in any investigations, including the release of any information submitted by a User the Company/ on the Website;

9. Modifications of the Terms and Consequences of Violation of the Terms 

9.1  The User shall be obliged to inform the Company of any subsequent disability to contract, upon which it shall be entitled to terminate the User Agreement without notice or to modify or alter the Terms in their application to such User.

9.2  Company shall be entitled to add, delete, modify, cease, discontinue, amend or change all or any of the Services at its discretion at any time. On no account shall the Company be liable in any manner whatsoever for the discontinuation, modification, stoppage, amendment or change to any Service.

9.3  Any such modifications shall be notified on the Website and will be effective immediately upon posting of the modified Terms on the Website. You are required to review the modified Terms periodically (as often as possible) to be aware of such modifications. Your continued access or use of the Website or the Services shall be deemed proof of your acceptance of the Terms as modified. We may revise these terms and conditions from time to time.

9.4  The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

 

9.5  If you have given your express agreement to these Terms and Conditions, we will ask for your express agreement to any revision of these Terms and Conditions; and if express agreement is not procured from you within such period as we may specify, you must stop using the Website.

 

9.6  In the event that the User accesses or uses the Website or the Services in contravention or violation of any of the Terms, User will be deemed to be an Unauthorized User and Company will be entitled to terminate the User Agreement immediately. Company shall also be entitled to block access by the User to the Website and / or seek any additional relief as available under law.   

10. Indemnification

The User agrees that the User shall indemnify and keep indemnified the Company, its group companies, subsidiaries, associates, employees, licensees and partners from all or any losses, damages, suits, claims, charges, proceedings, actions, demands and costs of any nature whatsoever incurred by such person on account of any act or omission of the User while accessing the Website or availing of the Services or a breach of the Terms committed by the User.

11. Intellectual Property Rights

At all times under this User Agreement, the Company shall retain all rights, title and ownership in its Information, materials, software, products, copyrights, patents, trade secrets, trademarks, moral rights or any other rights of similar nature (the “Intellectual Property” and such rights, the “Intellectual Property Rights”).

12. Force Majeure

12.1  Company shall not be liable for any breach of its obligations resulting from causes beyond its reasonable control. In the event that the Company’s performance of any of its obligations hereunder is delayed as a result of a Force Majeure, the obligation of the Company to perform such obligation shall stand extended for the term the Force Majeure existed. A notice shall be served to the other party upon becoming aware of an event of Force Majeure and such Written Notice shall contain the details of the circumstances giving rise to it. 

12.2  However in case the Company is unable to perform any material obligation under this Agreement for a continuous period of 180 (one hundred and eighty) days because of any Force Majeure, then either of the Parties will have the right to terminate this Agreement upon notice effective 30 (thirty) days after the expiration of such 180 (one hundred and eighty) days period from the date the act of Force Majeure has occurred. 

12.3  If the Company determines in its reasonable opinion that a Force Majeure event exists (without prejudice to any other rights under this Agreement) the Company may without prior Written Notice and at any time take or omit to take all such actions as the Company deems to be reasonably appropriate in these circumstances. 

13. Termination

Company may, without notice in its sole discretion, and at any time and without giving notice or reasons, terminate the User Agreement with any User and / or restrict a User’s use or access to the Website and / or Service (or any part thereof) for the following reasons:

13.1  That Company, in its discretion, is of the view that the User has violated the Terms in letter or in spirit;

 

13.2  That in the opinion of the Company or any Governmental authority or body, it is not in public interest to continue to provide Services to the User or allow access to the Website;

 

13.3  That the User is declared a bankrupt or into any compromise or arrangement with its creditors.

 

13.4  The above termination shall be without prejudice to the other rights of the Company whatsoever.

14. Maintenance of the Website

Company shall have the right, at its sole discretion, to carry out maintenance, repair, upgrading, testing, updating content or other works on the Website or to its servers at any time, and for such reason may deactivate or suspend the User’s access to the Website or the Services. Company shall not, for any reason whatsoever, be liable for losses and damages of any nature whatsoever on account of the above.

15. Assignment

15.1  Company may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 

15.2  User shall not assign any rights or obligations guaranteed under these Terms to a third party without the prior consent of the Company.

16. Severability

If any particular provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to have effect and bind both the parties to this Agreement.

17. Third Party Rights

17.1  A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

17.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Advertisers

Company does not endorse or recommend any advertiser or any of their Products or Services. All correspondences, commercial dealings and transactions of any nature whatsoever by a User with such an advertiser, and all the terms of such dealings transactions (including but not limited to sale prices, fees, warranties, representations and other conditions) shall be at the User’s own risk and as agreed between such advertiser and the User alone. Company shall not, under any circumstances whatsoever, be held liable for any aspect or dispute arising out of or in connection with any such dealings or transactions.

19. Relationship Between Parties

The relationship between the Company and the User shall be on a principal-to-principal basis and nothing in the Terms shall be construed to imply a relationship of agency, employment, partnership, joint venture, franchise or technical collaboration between both the Company and the User.

20. Entire Agreement

Both the parties mutually understand and agree that there exists no oral agreement between the parties to these Terms. These Terms shall constitute the entire business understanding between User and the Company, and shall supersede and subsume any prior agreements, documents and or communications, if any.

21. Waiver

Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances.

22. Governing Law & Jurisdiction

Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the law of India. Any claim relating to the Services offered by the web site shall be governed by the Courts of Mumbai.

24. Grievances & Violations

If a User has any other grievance in relation to the Website, or if a User becomes aware of an abuse or violation of the Terms, then the User may contact the Company’s authorized authority at corporate@blinc.tech.