Terms and Condition
Click here to refer to our Privacy policy.
DEFINITIONS:
“Company”; “AlphaOne”; “AlphaOne Services”; “us”; “we”; “our” shall means AlphaOne Services Private Limited, a company registered under the Companies Act, 2013 having its registered office at D-77, Karam Pura, Shivaji Marg, New Delhi, 110015 and Corporate Office at C-22, First Floor, C Block Community Centre, JanakPuri, New Delhi 110058 “Website” shall mean the website www.consumercomplaintsonline.com, owned, operated and managed by the Company.
“Website” collectively shall mean the website www.consumercomplaintsonline.com, its mobile application(s), computer applications, tablet applications, software,
Services and other related internet based applications.
“Users” or “User” shall mean users that visit, access or get registered on the Website or Mobile App. “User Account” shall be the account that the Users are required to create with the Website or Mobile App in order to avail the services of the Company. “Services” of the Company, provided through the Website and Mobile Application etc. include advisory, knowledge sharing and assistance services in consumer and other related matters which include creating accounts, uploading grievances, using various template etc to its Users for the purpose of grievance redressals Assistance, etc.
“Terms” shall means Terms & Conditions or End User License, including the PrivacyPolicy in this Agreement
1. INTRODUCTION
This document is an electronic record in terms of Information Technology Act, 2000, the rules thereunder as applicable, and the amended provisions thereof, pertaining to electronic records in various status, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require a signature. This document is published to set out the terms and conditions applicable to the
User for accessing /using the domain name/ website –www.consumercomplaintsonline.com and/or a downloadable mobile application and/or the proprietary software application, software, Alpha one, tablet applications, owned by AlphaOne Services Private Limited (“Alpha One”) that provides the Userwith assistance in consumer related and other legal matters, etc. Including but not limited to, providing appropriate assistance, obtaining reports, helping in automating Various communications. (“Alpha One ”). This document is a legally binding agreement between the User, who accesses the “AlphaOne” for availing servines through its website www.consumercomplaintsonline.com, acting by itself or through its employees, agents, advisors, representatives (collectively referred to as “you”, “your”, “User” hereinafter), for a commercial purpose only, and AlphaOne Services Private Limited (referred to as “we”, “our” or “us” hereinafter).
2.RESPONSIBLE USE AND CONDUCT
PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THESE TERMS INCLUDING PRIVACY POLICY, DISCLAIMES, OTHER POLICIES APPLICABLE IN GENERAL, AND/OR SPECIFIC AREAS OF ALPHAONE PLATFORM, DO NOT ACCESS OR USE THE
ALPHAONE OR THE ALPHAONE PROVIDED BY ALPHAONE SERVICES PVT LTD. This document and such other rules and policies of the AlphaOne (including
but not limited to, the Terms & Conditions) as may be amended from time to time are collectively referred to below as the “Terms”. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms, at any time without any prior written notice to you. By accessing, browsing, or otherwise using the AlphaOne or using the AlphaOne Services, including following the posting of changes, User agrees to accept and be bound by the Terms (as may be amended from time to time). It is your responsibility to review these Terms periodically for any updates / changes. However, where the change in the Terms adversely affects the User, we would notify the User at least 7 prior to such change coming into effect.
Please do not use the AlphaOne Services or access the AlphaOne Services Software/Mobile Application if you do not accept the Terms or are unable to be
bound by the Terms. It is hereby required to the User of AlphaOne that they shall re-visit the AlphaOne User Account Terms from time to time to stay abreast of any changes that the AlphaOne may introduce. Though the Terms and in English language yet AlphaOne may translate these Terms into other languages for convenience of the User. Nevertheless, the English version governs the relationship with AlphaOne , and any
inconsistencies among the different versions will be resolved in favour of the English Version. By impliedly or expressly accepting these Terms or by continuing to avail the AlphaOne Services, you also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Terms & Conditions as maybe amended, updated and modified from time to time.Upon the User accepting these terms the AlphaOne grants and the User accept a non-exclusive, non-transferable right to use the AlphaOne services, submit data, view information, upload documents, access data, text and rate agree specifically for the following:
(i) You are responsible for maintaining the confidentiality and secrecy of any login
Information associated with any account you use to access our Alpha One Services. User will not share User Account or Password with anyone else. It simply means, You are responsible for all activities that occur under your accounts. The User agrees to be solely responsible and liable (to AlphaOne, and others) for all activity. That occurs under their User Account.
(ii) To use Alpha One Services to upload, submit, inform, view, access, analyze information, data, text, information, report etc.,
(iii) To share or grant permission to share such Records Data, Information
(iv) To subscribe to and view Record Data or information uploaded and made available by other users;
(v) Avail services provided in the AlphaOne related to the above sign up and making applicable payments towards the charges prescribed by AlphaOne.
(vi) Use online/offline payment service facilities given by AlphaOne Services or through third-party service providers and agreed to such third party payment rule;
(vii) User accept, allow, permit,consent, to AlphaOne or persons authorized or official or permitted by AlphaOne or other users of the AlphaOne to use the Data submitted by the User in the manner provided AlphaOne .
(viii)User allow and permit and authorise the AlphaOne to use Data for commercial, non-commercial, analytical, investigation, analysis purposes or publications.
(ix) User allow and permit AlphaOne Services to Store Data for the period as per AlphaOne Services’s policies and discretion and for designing its products and for
providing its services.
(x) User promise to submit the truthful and genuine information, matters and documents and shall not violate any law, rules, government statute or contract including international laws. That the details submitted by you are true and correct and AlphaOne Services can rely on it for providing the services sought by you through the AlphaOne Services and any consequence of providing wrong information is at your own risk. AlphaOne Services shall not have any responsibility or liability to you or any third party due to your acts or the information which you upload or any of its exploitation in the AlphaOne Services.
(xi)The User agree and understand that the AlphaOne has not made any representations or assurances or promises or guarantee on behalf of any parties and/ or authorities, government, regulatory bodies, and judicial authority.
(xii)AlphaOne is in any way NOT associated with any Government Department and purely a private organisation to facilitate business functioning and advisory.
(xiii) User warrant, represent and agree that user is at least eighteen years of age fully capable and competent to understand and agree the terms and conditions.
(xiv) User has bought product or services for his/her or his family or his organisation or company for benefits
(xv)The User understands that whether or not Information is published, the AlphaOne Services does not guarantee any confidentiality concerning the
information of the User in the AlphaOne. If the information is required to be maintained as confidential, The User is required to maintain the same. The
AlphaOne shall not liable or responsible for breach of User’s obligations. Further, by receiving the Information on AlphaOne, it relies on the representation that the User has shared it in compliance with law and contract applicable for such acts.
(xvi)The User grant to AlphaOne and/or the other users of AlphaOne (as may be agreed by AlphaOne Services) a worldwide, irrevocable, non-exclusive, royalty-free
license to use, reproduce, store, adapt, data mining, publish, translate and distribute Information on and concerning AlphaOne Services and any successor website.reproduce, store, government. The User also grants to AlphaOne Services the rightto sub-license the rights licensed to the AlphaOne Services under this section.
(xvii)The User understands and agrees that the Information uploaded may be usedby any third person. The AlphaOne shall be entitled to disclose the source at its sole discretion.
(xviii)The User also understands and agrees that they are solely responsible for their Information and the consequences of posting or publishing it. AlphaOne does not endorse any information or any opinion, recommendation, or advice expressed therein, and the AlphaOne expressly disclaims all ownership and liability in connection with Information or use of it by any person.
(xix) You represents, warrants and agrees that you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required)
regarding any User Content that you submit, post or display and that User does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal rights of any third party.
(xx)User will share any third-party Information shared is with due consent and permission from the concerned person. The AlphaOne will not be in any manner
responsible for any such activities done by user.
(xxi) User shall cooperate in any investigation or information sought by any government agency if any
(xxii) The User agrees and undertakes to indemnify, defend and hold harmless AlphaOne and all its officers, directors, promoters, employees, agents, and
representatives against any and all loss and claims arising from any Information uploaded on AlphaOne or by use of AlphaOne.
3.RESTRICTED ACTIVITIES
User represent, warrant, assure and agree that User will not:
(i) to use AlphaOne for any illegal purposes or activities;
(ii) to upload any promotional material or advertisement to the User Account;
(iii) post or transmit any message, data, image, malware, virus or program which
violates any law or IT policy;
(iv) Infringe AlphaOne’s or any third party’s intellectual property rights or privacy;
(v) User will not copy, reproduce, download, re-publish, sell, distribute, or resell any
AlphaOne Services or any information, text, images, graphics, video clips, files,
database etc and not being User’s own proprietary information without the written
permission from the AlphaOne .
(vi) User will not share any information and data on AlphaOne which does not
belong to him or which is illegal, harmful, harassing, defamatory, obscene,
pornographic, libellous, invasive of another’s privacy.
(vii) Upload any information which is in contempt of any court or breach of any court
order; or discriminates based on age, sex, religion, race, gender; harassing, invasive
of another’s privacy, blasphemous; in breach of any contractual obligations or
consists of or contains any instructions, advice or other information which may be
acted upon and could, if acted upon, cause illness, injury or death, or any other loss
or damage; or constitutes spam; or is grossly harmful, offensive, deceptive,
fraudulent, threatening, abusive, hateful, harassing, anti- social, menacing, hateful,
discriminatory or inflammatory; or causes annoyance, inconvenience or needless
anxiety to any person; or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or harm minors in any way or otherwise
unlawful in any manner whatever;
(viii) will not upload any matter/case/grievance which is already under consideration
and pending with any hon’ble Court or Tribunal;
(ix) Not to upload any information that threatens the unity, safety, integrity,
deffence, security or sovereignty of any country, or public order or causes incitement
to the commission of any cognizable offense or prevents investigation of any offense
or is insulting any nation; against any caste or religion or group of people,
(x) by any means, uploading or otherwise disseminating viruses, adware, spyware,
worms, or other malicious code or file with contaminating or destructive features;
(xi) Use any robot, spider, other automatic devices, or manual process to monitor or
copy AlphaOne Services
(xii) Interfere or disrupt AlphaOne Services or networks connected therewith;
(xiii) Take any action that imposes an unreasonably or disproportionately large load
on AlphaOne Services’s infrastructure/network;
(xiv) Use any device, software or routine to bypass AlphaOne Services’s robot
exclusion headers, artificial intelligence or interfere or attempt to interfere, with
AlphaOne Services;
(xv)Sell/ sub-license the Information or data, or software associated with or derived
from the AlphaOne Services;
(xvi) Use the facilities and capabilities of the AlphaOne Services to conduct any
activity or solicit the performance of any illegal activity or other activity which
infringes the rights of others;
(xvii) Breach any terms or any other policy of the AlphaOne Services;
(xviii) Provide false, inaccurate, or misleading information to the AlphaOne Services.
4.LIMITATION OF LIABILITY
(i) In conjunction with the Limitation of Warranties , you expressly understand and
agree that any claim against us shall be limited to the amount you paid, if any, for
use of products and/or services. www.consumercomplaintsonline.com or its parent
company AlphaOne Services Pvt Ltd will not be liable for any direct, indirect,
incidental, consequential or exemplary loss or damages which may be incurred by
you as a result of using our AlphaOne Services, or as a result of any changes, data
loss or corruption, cancellation, loss of access, or downtime to the full extent that
applicable limitation of liability laws apply.
(ii) To the maximum extent permitted by law, the AlphaOne Services provided by
AlphaOne Services Pvt Ltd are provided by “as is”, “as available” and “with all
faults”, and AlphaOne Services hereby expressly disclaims any and all warranties,
express or implied, including but not limited to, any warranties of conditions, quality,
durability, performance, accuracy, reliability, fitness or merchantability for a particular
purpose. All such warranties, representations, conditions an undertaking are hereby
excluded.
(iii) To the maximum extent permitted by law, AlphaOne Services makes no
representations or warranties or guarantee about the validity, accuracy, correctness,
reliability, quality, stability, completeness, or accurateness of any information
provided on or through AlphaOne Services.
(iv) Notwithstanding the above, and more specifically, AlphaOne shall not be liable
for any direct, indirect, incidental, special, consequential, or exemplary damages,
including without limitation, damages for loss of profits, goodwill, use, data or other
intangible losses, injury, costs, claims, penalties, fines, liabilities, expenses,
including all court costs, court fees and legal fees arising out of:
Use or inability to use the AlphaOne Services and
www.consumercompaintsonline.com;
Cost of getting substitute services;
any data, information or services purchased or obtained or messages received or
transactions entered into while availing AlphaOne Services .
disruption or delay in accessing the AlphaOne Services and/or availing the
AlphaOne Services for any reason including internet failures, electrical power
failures, computer, telecommunications or any other equipment failures, whether
attributable to AlphaOne Services, User or any of User’s business affiliates’;
any edits made to the communications sent by the User, using the AlphaOne
Servicess and AlphaOne Services Services;
any payments / collections or financial / business transactions pursuant to the use of
the AlphaOne Services Software.
(iv) To the fullest extent permitted by law, the aggregate liability of AlphaOne
Services and AlphaOne Services’s officers, directors, partners, employees and other
representatives, for any and all claims, losses, costs, damages of any nature
whatsoever or claims expenses from any cause or causes, including attorneys’ fees
and other costs shall be limited to the value of the loss or maximum of INR 5000
(Indian Rupees Five Thousand only) whichever is less. It is intended that this
limitation shall apply to any and all liability or cause of action however alleged or
arising unless otherwise prohibited by law.
5.TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to
all or part of our website and AlphaOne Services with or without notice and for any
reason, including, without limitation, breach of this User Agreement. Any suspected
illegal, fraudulent or abusive activity may be grounds for terminating your relationship
and may be referred to appropriate law enforcement authorities. Upon suspension or
termination, your right to use the AlphaOne Services will immediately cease, and we
reserve the right to remove or delete any information that you may have on file with
us, including any account or login information.
6.NO WRRANTIES, LIABILITY, INDEMNIFICATION
By agreeing to this AlphaOne Services User Account Terms the User consent to the
following
(i) The AlphaOne Services gives or makes no representation or warranty (either
express or implied) as to the suitability of web-application or software or technology
integrations or services or its contents for any purpose or the completeness,
accuracy, reliability, security or availability nor do they accept any responsibility
arising in any way.
(ii) The AlphaOne Services in no event shall be liable to a User (or to any third party
claiming under a User or otherwise) for any indirect, special, incidental,
consequential, or exemplary damages arising from the use of, or inability to use
AlphaOne Services. These exclusions would apply to any claims for loss of revenue
or profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction,
or any other commercial damages or losses, even if the AlphaOne Services knew or
should have known of the possibility of such damages.
(iii) The User agrees to defend, indemnify and hold AlphaOne Services, and
parties/persons acting under it harmless from and against:
(A) Any claims, actions, demands, liabilities, judgments, and settlements, including
without limitation, reasonable legal fees resulting from or alleged to result from the
use of AlphaOne Services in any manner;
(B) Any loss, costs, damages, expenses, and liability caused by the use of AlphaOne
Services;
(C) Violation of any rights of a third party through the use of AlphaOne Services; and
(D) Any indirect, special, incidental, remote, punitive, exemplary, or consequential
damages arising out of User’s acts.
7.FEES
By accepting the terms of this AlphaOne Services User Account Terms, the
User agrees as follows:
(i) The AlphaOne Services shall be entitled to charge membership fees, license fee
or service fee, success fees or subscription fee or such other fee for services offered
by the AlphaOne Services.
(ii) The service terms applicable for the particular service or a schedule of charges in
the AlphaOne Services shall have the applicable license fee or service fee or
subscription fee or such other fee (as may be applicable).
(iii) The fee paid by the User to the AlphaOne Services shall not be refundable or
adjustable.
(iv) The fee shall be paid along with the applicable taxes, cess, duties fee, statutory
fees etc(including Goods and Service Tax).
(v) The User shall produce proof of tax withholding/deductions made to comply with
applicable law.
(vi) The User shall not be entitled to a service through the AlphaOne Services due to
non-payment of a fee; the User may need to comply with other norms.
(vii)In case of non-payment of any fee the user may be prohibited from accessing
and using AlphaOne Services.
8.REFUND AND CANCELLATION POLICY
A request once made by User shall not be cancelled and no charges relating to such
order shall be refundable or adjustable
9. PAYMENT OPTIONS
The various terms & conditions for payments are as follow;
(a) AlphaOne Services may provide options to make payment for services from and
through the AlphaOne Services or for services from third parties.
(b) It is informed to the User that the AlphaOne Services may use third parties for
facilitating such payments possible, the transaction for making payments will be
further subject to the terms of such third parties and the banks or NBFCs involved in
the payment processing.
(c) The User is also informed that the request and the process of making payment
and/or payment made shall be irrevocable and unalterable and shall take most of the
care to ascertain each detail.
(d) The User shall understand that the AlphaOne Services does not undertake to
refund the same or arrange to refund the same. The User shall be solely responsible
and liable for such payments.
(e) The User agrees to pay the success fees as per plan opted by them and will pay
the thus payment to AlphaOne Services through netbanking or any other medium. .
(f) The AlphaOne Services disclaims any liability on behalf of the banks, payment
service providers, network, or any other person or ambiguity in the payment process
of failure of transaction or non-refund, etc.
10. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
The AlphaOne Services may terminate this AlphaOne Services User Account Terms
if a User fails to comply with any terms or condition of this AlphaOne Services User
Account Terms or in case AlphaOne Services wish to withdraw any access or
services for any reasons.
11. LAW, JURISDICTION AND DISPUTE RESOLUTION
(a) The laws of India, without regard to its conflict of laws rules, will govern these
AlphaOne Services User Account Terms, as well as User’s and AlphaOne Services’s
observance of them.
(b) If User take any legal action relating to User’s use of the AlphaOne Services or
these terms, the same shall be subject to the exclusive jurisdiction of courts located
in Delhi, India.
(c) In case the User has any disputes with the AlphaOne Services, User may raise
User’s issues to the AlphaOne Services and request for mediation.
(d) If the matter is not resolved through such mediation, the same may then be
settled by Arbitration by a single Arbitrator appointed by the AlphaOne Services. The
Arbitration shall be held following the provisions of the Arbitration and Conciliation
Act, 1996. The language of the Arbitration shall be in English, and the place of
Arbitration shall be Hyderabad India.
12. BREACH OF THE END USER TERMS
Without prejudice to AlphaOne Services’s other rights, if User breach any of the
terms and, in any way, or if AlphaOne Services suspect that User has breached
these terms in any way, AlphaOne Services may
(i) Send User one or more formal warnings/notices;
(ii) Temporarily suspend User’s access to AlphaOne Services and services;
(iii) Permanently prohibit User from accessing AlphaOne Services and services;
(iv) Block computers using User’s IP address from accessing AlphaOne Services
and services;
(v) Initiate legal action against User, whether for breach of contract or recovery of
amounts due or damages or otherwise;
(v)Notwithstanding anything to the contrary contained this these terms after
termination or suspension of services or discontinuance of User Account on
AlphaOne Services pursuant to User’s breach or otherwise, User will not be entitled
to refund of any fee or charges paid, nor shall be discharged from any pending
obligation accrued in favor or AlphaOne Services or by availing any services through
AlphaOne Services.
13. FORCE MAJEURE
(i) Under no circumstances shall AlphaOne Services Pvt Ltd be held liable for any
delay or failure or disruption of the content or services delivered through the
AlphaOne Services and/or operation of the AlphaOne Services, resulting directly or
indirectly from acts of nature, forces or causes beyond our reasonable control,
including without limitation, Internet failures, computer, telecommunications or any
other equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms,
explosions, epidemics, pandemics, lock-downs, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals or non-performance of third
parties.
14. INTELLECTUAL PROPERTY RIGHTS
(i) AlphaOne Services Pvt Ltd is the sole owner or lawful licensee of all the rights and
interests in the www.consumercomplaintsonline.com, and the
www.consumercomplaintsonline.com Software content. All title, ownership and
intellectual property rights in the AlphaOne Services and the
www.consumercomplaintsonline.com Software Content shall remain with AlphaOne
Services Pvt Ltd or licensors of the www.consumercomplaintsonline.com Software
Content, as the case may be. All rights not otherwise claimed under the Terms or by
AlphaOne Services are hereby reserved.
(ii) “AlphaOne Services” and any other related icons and logos are service marks of
AlphaOne Services Private Limited, in various jurisdictions and are protected. The
unauthorized copying, modification, use or publication of these marks is strictly
prohibited.
15.MISCELLANEOUS:
Entire Understanding: These Terms, along with the Privacy Policy and Disclaimers
constitute the entire understanding between you and the Company and governs your
use of the Website. Waiver: The failure of the Company to exercise or enforce any
right or provision of the Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Website or the Terms must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
Severability: If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavour to give effect to the parties’ intentions as reflected in the provision, and
the other provisions of the Terms shall remain in full force and effect.
16. DECLARATION :
AlphaOne Services or www.consumercomplaintsonline.com Website is not a
Government body or portal. Its purely a private organisation to facilitate and advise
and assistance in consumer and legal related matters.
17. NOTICES ;
(i) All legal notices or demands to or upon AlphaOne Services Pvt Ltd shall be made
in writing and sent to AlphaOne Services personally, by courier, certified mail, or
facsimile to the following entity and address: AlphaOne Services Private Limited, C-
22, First Floor, C Block Community Centre, JanakPuri, New Delhi 110058
Attention: Legal Department. The notices shall be effective when they are received
by AlphaOne Services in any of the above-mentioned manner.
(ii) All legal notices or demands to or upon a User shall be effective if either
delivered personally, sent by courier, certified mail, by facsimile or email to the last-
known correspondence, fax or email address provided by the User to Udaan, or
SMS, WhatsApp messages, or in-app notifications, or by posting such notice or
demand on an area of the AlphaOne Servicess that is publicly accessible without a
charge or through such other mode of communication as AlphaOne Services may
deem fit in its discretion. Notice to a User shall be deemed to be received by such
User if and when, a) AlphaOne Services is able to demonstrate that communication,
whether in physical or electronic form, has been sent to such User, or b) immediately
upon AlphaOne Services posting such notice on an area of the AlphaOne Services
that is accessible by the User or publicly accessible without charge .
18. GENERAL PROVISIONS
(i) Subject to any terms & conditions, the Terms constitute the entire agreement
between User and AlphaOne Services with respect to and govern User’s use of the
AlphaOne Servicess and www.consumercomplaintsonline.com, superseding any
prior written or oral agreements in relation to the same subject matter herein.
(ii) AlphaOne Services and User are independent contractors, and no agency,
partnership, joint venture, employee-employer relationship is intended or created by
the Terms.
(iii) If any provision of the Terms is held to be invalid or unenforceable, such
provision shall be deleted and the remaining provisions shall remain valid and be
enforced.
(iv) AlphaOne Services’s failure to enforce any right or failure to act with respect to
any breach by User under the Terms will not constitute a waiver of that right nor a
waiver of AlphaOne Services’s right to act with respect to subsequent or similar
breaches.
(v) AlphaOne Services shall have the right to assign the Terms (including all of our
rights, titles, benefits, interests, and obligations and duties in the Terms to any
person or entity (including any affiliates of AlphaOne Services). User may not assign,
in whole or part, the Terms to any person or entity.
(vi) The Terms shall be governed by the laws of India and the parties to the Terms
agree to submit to the exclusive jurisdiction of the courts of Delh, India.