Terms of Service

THESE TERMS OF SERVICE ("TERMS OF SERVICE" or “ToS”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

These terms of services shall be construed in conformity with the provisions of Rule 3 (1) of the Information Technology (Intermediaries’ Guidelines) Rules, 2011 under Information Technology Act, 2011 that require publishing the rules and regulations and privacy policy for access or usage of mobile application/website (collectively referred as “Website” ) www.commixo.com.

These Terms of Services of Commixo is in between OPR Technologies Pvt Ltd (hereinafter “Commixo” or “We” or “Us” or “Our” or "Company") a company incorporated under laws of India having it’s registered office at 1/56 C, Lalita Park, Laxmi Nagar, Delhi - 110092, India, India and the Users (hereinafter “You” or “Your” or “Yourself” or “User”).

If you are accessing Commixo Website Terms of Services shall apply and there may be additional terms by mobile application store Apple’s store, Android play store, Microsoft’s store from time to time which will govern the use of mobile application.

By using Commixo and Services, you signify your acceptance of Terms of Services. If you do not agree or are not comfortable with terms described herein, your only remedy is to discontinue use of Commixo. We reserve the right, to modify Terms of Services at any time.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

Membership Eligibility

Commixo Services are available only to, and may only be used by individuals who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. You represent that you are of legal age to form a binding contract and is not barred from using Services under the applicable laws of India. You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You are solely authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. Commixo has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact us immediately.

If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. Commixo reserves the right to terminate your account and refuse to provide You with access to the Commixo if it is brought to Commixo's notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.

User Account

In order to access Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Commixo will always be accurate, correct and up to date. You may also register by logging into your account with your personal information from certain third party social networking sites (e.g. Facebook, google). You confirm that you are the owner of the social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this agreement and your use of the services.

You/User shall refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation while using our Services; By creating an account, you agree to receive certain communications from Commix from time to time. You may opt-out from receiving by communicating to us. You acknowledge opt-out may affect your use of Services. You also agree to the use of your data in accordance with Commixo Privacy Policy

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. Commixo will not be liable for any loss or damage arising from your failure to comply with this instruction.

Charges

Membership on the Commixo is free and Commixo does not charge any fee for browsing and transacting on it’s Website. However, Commix reserves the right to charge fee and change its policies from time to time. In particular, Commixo may at its sole discretion introduce new services and modify some or all of the existing services offered on the Commixo. In such an event Commixo reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Commixo. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Commixo.

Representation and Warranty by You

    You shall not host, display, upload, modify, publish, transmit, update or share any information that:
  • belongs to another person and to which You do not have any right to; or
  • that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
  • misleading in any way; or
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
  • harasses or advocates harassment of another person; or
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
  • infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
  • promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
  • contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
  • tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
  • engages in commercial activities and/or sales without Commixo's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, Commixo "prior written consent" means a communication coming from Commixo Legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which You seek authorization; or
  • solicits gambling or engages in any gambling activity which Commixo, in its sole discretion, believes is or could be construed as being illegal; or
  • interferes with another user's use and enjoyment of the Commixo Website or any other individual's user and enjoyment of similar services; or
  • refers to any website or URL that, in the sole discretion of Commixo, contains material that is inappropriate for the Commixo Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or
  • harm minors in any way; or
  • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
  • violates any law for the time being in force; or
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
  • impersonate another person; or
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
  • You shall not use any "deep-link", "page-scrape", "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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

Commixo Right to disclose information

You understand that Commixo has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Commixo Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Commixo Right to Remove Content

Commixo reserves the right, but has no obligation, to monitor the materials posted on Commixo Website. Commixo shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Terms of Use. Notwithstanding this right of Commixo, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE COMMIXO WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of Commixo. In no event shall Commixo assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Commixo. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Commixo and Third Party Advertisement

Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through Commixo, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. Commixo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on Commixo. Commixo shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally.

Bonafide Use :

You hereby agree and assure Commixo that Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws.

Disclaimer :

Any opinions expressed by a User are of those of the User alone, and are not to be attributed to Commixo and cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any User.

Other Businesses :

Commixo does not take responsibility or liability for the actions, products, content and services on Commixo Website, which are linked to affiliates and / or third party websites using Commixo APIs or otherwise. In addition, Commixo may provide links to the third party websites of affiliated companies and certain other businesses for which, Commix assumes no responsibility for examining or evaluating the products and services offered by them, and Commixo does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Commixo does not in any way endorse any third party website(s) or content thereof.

Modification/Amendments

Commixo may modify/amend this Agreement time to time. Such amendments/modifications shall be effective upon posting on Commixo and applicable to You. Your continuous use of Commixo will be considered as Your acceptance with the Agreement.

Ownership in content

Commixo provides You to post content (including without limitation text, data, photos and graphics), such as reviews and opinions about products or other decisions ("Opinions"), comments to other people's Opinions ("Comments") and information about yourself (your "Profile") for your profile page. Collectively, the Opinions, Reviews, Comments, Profiles and other content you provide on Commixo.

License to Commixo

By submitted content on Commixo, You automatically grant to Commixo exclusive, royalty-free, perpetual, irrevocable, worldwide license (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. (b) display your Content online and offline and permit others (including without limitation Commixo' co-brand partners) to do the same, and (c) display portions of your Content online or offline and permit others to do the same. You grant Commixo (and its sub licensees) the exclusive right to display your Opinion.

Product Description

Commixo tries to be as accurate as possible. However, Commixo does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.

Copyright Policy

Commixo respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the information: Email: [email protected]

Third-Party websites/applications/resources

The Service of Commixo may contain links to third-party websites or resources. Commixo will not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

Commixo may terminate your use of the application immediately if (a) in case of breach of Agreement (b) you infringe upon the intellectual property rights of a third party. If you want to terminate your account, email at [email protected]commixo.com. Following termination, at its sole option, Commixo may remove some or all of your Content or leave it available for public review.

Assignment

You cannot transfer or assign any part of this ToS in whole or in party without approval of COMMIXO. Commixo may transfer or assign these ToS whole or in part.

LIMITATION OF LIABILITY

COMMIXO WILL REASONABLY KEEP WEBSITE AND ITS CONTENTS CORRECT AND UP TO DATE BUT DOES NOT GUARANTEE THAT (THE CONTENTS OF) MOBILE APPLICATION SHALL BE FREE OF ERRORS, DEFECTS, UNINTERRUPTED, TIMELY. COMMIXO SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OF (OR THE INABILITY TO USE) ELECTRONIC MEANS OF COMMUNICATION WITH WEBSITE, INCLUDING – BUT NOT LIMITED TO – DAMAGES RESULTING FROM FAILURE OR DELAY IN DELIVERY OF ELECTRONIC COMMUNICATIONS, INTERCEPTION OR MANIPULATION OF ELECTRONIC COMMUNICATIONS BY THIRD PARTIES OR BY COMPUTER PROGRAMS USED FOR ELECTRONIC COMMUNICATIONS AND TRANSMISSION OF VIRUSES. WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER MANDATORY APPLICABLE LAW, THE COMMIXO'S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED AN AMOUNT OF INR 1000/-. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW COMMIXO WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

Indemnity

You agree to indemnify, keep indemnified and hold harmless COMMIXO and its officers, directors, employees, representatives and agents against any claims, costs, charges, damages, losses, liabilities and legal charges, of any nature whatsoever, in connection with (a) your use of Services; (b) Your breach of ToS and (c) Your violation of any third party rights.In the event that you have a dispute with one or more users, you release Commixo (and Commixo agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Governing Laws

Terms of Services shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws. The courts at New Delhi shall have exclusive jurisdiction in case of any dispute in between the parties.

Dispute Resolution

In the event of any difference or dispute, controversy or claim arising out of or in connection to any matter, including any breach, termination or invalidity thereof (hereinafter referred to as the “Dispute”), and ToS which cannot be settled amicably between the parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. The parties shall settle mutually by means of transparent and open oral discussion, within themselves at goodwill of business. In the event the parties are unable to resolve the Dispute amicably, in that event, either party may give to the other party a notice that a Dispute has arisen (“hereinafter referred to as the “Dispute Notice”). If the Parties are unable to resolve the Dispute amicably even after the expiry of 30 (thirty) days of negotiations, the service of the Dispute Notice or such longer period as the Parties may mutually agree, the Parties shall be free to opt for arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitral panel shall consist of a sole arbitrator, and the Arbitrator shall be appointed by the Parties mutually in accordance with the provisions of the Arbitration Act. Any arbitral award issued by such sole arbitrator shall be final and binding on the Parties. It is agreed and understood that the venue of the arbitration shall be at New Delhi and the language of the arbitration shall be English.

General Terms

  • Rights and obligations under the Terms of Service shall survive after termination/ expiration of the Terms.
  • Any express waiver or failure to exercise promptly any right under the Terms of Services will not create a continuing waiver or any expectation of non-enforcement. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.
  • If any provision of the Terms of Services is held invalid by any law such provision will be replaced with a new provision, and the other provisions of the Terms of Services will remain in full force and effect.
  • None of the provisions shall be deemed to constitute a partnership or agency between You and Commixo and you shall have no authority to bind Commixo in any form or manner, whatsoever.
  • You agree that any cause of action arising out of or related to the Commixo Website, must commence within the time period of one (1) year after the alleged harm has occurred or as prescribed in the applicable law(s) after the cause of action accrues, else such cause of action will be permanently barred.

Grievance Redressal Mechanism

In compliance with Information Technologies Act, 2000 and rules for any complaints, abuse, grievance or concerns regarding content and/or comments or breach of these terms shall be brought to the notice of the Grievance Officer via email at [email protected] or write at the following address:

Varun Rai
Grievance Redressal Officer
1/56 C, Lalita Park,
Laxmi Nagar,
Delhi - 110092, India
+91-9891901233