Terms of Use of Mobile Application of India Assist Insights Pvt. Ltd (“India Assist”)

with effect from 15 th August, 2019

This is a legal agreement (“Agreement”) between you (the person accessing, viewing, using, or installing the App), and later referred to as “you”, “your”, “ User” or “Subscriber” as per the context) and India Assist (“we”, “us” or “ our”).

We request you to carefully go through these terms and conditions (“ Terms of Use”) for use of the mobile application called ‘India Assist’ (“App”) before you decide to avail the Services (defined below). These Terms of Use apply to your visit and use of the App to avail the Services whether through a computer or on a mobile phone, as well as to all information provided by you on the App. These Terms of Use are published in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use on an online portal. By downloading or accessing the App to avail our Services, you accept all the obligations stipulated in these Terms of Use as well as the India Assist’s Privacy Policy [ privacy], as may be amended from time to time and agree to abide by them. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you. We reserve the right to modify or terminate any portion of the App or the Services or amend the Terms of Use for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review the Terms of Use and Privacy Policy periodically. We may require you to provide your consent to the Terms of Use and Privacy Policy, as updated, in a specified manner before any further use of the App and the Services. If no such separate consent is sought, your continued use of the App and Services will constitute your acceptance of such changes. If you do not agree to, or wish to, not be bound by the terms in the Terms of Use, you may not access or otherwise use the App or avail the Services.

  1. Overview of Services

India Assist is engaged in the business of providing assistance services to foreign tourists arriving in India (“FTA”) and senior citizens (“Seniors”). All Services offered by the App, including on-ground/in-person support assistance, are executed/ facilitated by India Assist’s personnel (“Personnel”), partners and/or third party service providers (“ Third Party Service Providers”).

    1. With respect to FTAs, India Assist provides services such as bridging the information gap between FTAs and local resources available in India during Distress (defined below) situations and seeking to assist FTAs reach solutions to travel related issues (“FTA Services”). FTA Services include:

  1. General travel & tourism related queries/information

India Assist may provide you with any information that you may require while travelling, through active call and chat services, accessible through your App. In addition, India Assist may provide you with the current news, suggestions, and additional guidance to make your travel enjoyable and convenient. India Assist’s Personnel, partners or Third Party Service Providers may also assist you in situations of unforeseen altercations.

  1. Theft & loss of belongings

In an event where you are a victim of theft, India Assist’s ground assistance may help you file a first information report at the nearest police station. Similarly, in case of loss of your belongings, such as travel documents, money, or otherwise, India Assist’s Personnel, partners or Third-Party Service Providers may assist you in taking further steps.

  1. Unpredictable/sudden medical issues

In the event that you require medical attention, either because you have developed health issues or have suffered an unfortunate accident, we may connect you to the nearest health care facility as well as may arrange for transportation to reach this facility. India Assist Personnel, partners or Third Party Service Providers may also provide you any additional assistance in this regard.

  1. Transit

When you are in transit through air, road, or rail, we navigate you through possibly confusing situations, and help you receive the best information and direction to solve your distress.

When you are in transit through air, road, or rail, we navigate you through possibly confusing situations, and help you receive the best information and direction to solve your distress.

When you are in transit through air, road, or rail, we navigate you through possibly confusing situations, and help you receive the best information and direction to solve your distress.

  1. When you are in transit through air, road, or rail, we navigate you through possibly confusing situations, and help you receive the best information and direction to solve your distress.

The above-mentioned services with respect to FTAs are collectively defined as “Distress”.

    1. Services while travelling with Co-travellers

India Assist provides group subscription packages for Subscribers travelling with co-travellers. In case of such group bookings while availing FTAs Services, each co-traveller attached with your trip itinerary (“Co-traveller”) would receive an auto-generated password on the email- address(es) provided by the Subscriber. The co-travelers would have to log on into the App using their credentials and accept the Terms of Use and Privacy Policy. You must ensure that you Co-travellers have downloaded the App, received their login credentials, accessed the App, and read through and accepted the Terms of Use and Privacy Policy of the App prior to their arrival into the country. They, inter alia, would be able to view the travel information shared by the primary Subscriber. We request you to safeguard your password and your account and make sure that others, apart from Co-travellers, do not have access to it. It is your responsibility to keep your account information current.

    1. With respect to Seniors, India Assist provides emergency medical support, in person assistance through reliable means, round the clock information help desk and any other related services which may be specified by India Assist from time to time (“Senior Services”). Senior Services include:

  1. Emergency medical support

In the event that you require medical attention, either because of health issues or you have suffered an unfortunate accident, we may connect you to the nearest healthcare facility as well as connect you with our in-person assistance Personnel partners or Third Party Service Providers to assist you in reaching the nearest healthcare facility and provide you any additional assistance in this regard

  1. Round the clock information help desk

India Assist may provide you with any information relating to senior citizens care and assistance that you may require at any hour of the day. India Assist may also provide you with general assistance such as hotel bookings etc. Such information and assistance will be available to you through active call and chat services, accessible through the App. In addition, we provide you with the current news, suggestions, and additional guidance and convenience regarding senior citizens care and concerns.

  1. In Person assistance

India Assist’s in-person assistance may provide you chaperoning service and in person assistance, for a stipulated number of times per month as per your subscription package for activities which include bank visits, grocery visits, shopping, hospital visits etc. India Assist’s Personnel, Third Party Service Providers and partners may also assist with technology setting support and gadget assistance at home.

FTA Services and Senior Services may be collectively referred to as “ Services”.

    1. At present, India Assist’s Services are available only in certain cities as provided on the App and/or notified to you by India Assist (“Defined Assistance Area”). However, India Assist is striving to increase its reach. Any change in geographical reach/ Defined Assistance Area of the Services would be notified by India Assist.

  1. Registration

    1. For accessing the App, you will have to register on the App as a user (“India Assist User” or “ User”). To register as a User onto the App, you will have to provide your first & last name, age, email address, country of origin, Services requested (either FTA Services or Senior Services), mobile number and gender. Alternately, you may also register through a social media service (such as Facebook or Google etc.). Please note, when you register/access the App through a social media service, we will receive your user name associated with the particular social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any other information that you have made public in connection with that social media service.

  2. Subscription To Services

    1. If you wish to avail our Services, you will have to additionally subscribe on the App as a subscriber (“India Assist Subscriber” or “ Subscriber”). To subscribe, you will additionally have to provide information including the following:

      1. First & last name, email address, country of origin, mobile number, gender and age of Subscriber.

      2. Country of origin, address, emergency contact with emergency contact details such as phone number and email address and payment details.

      3. Specifically, for subscription to FTA Services: Apart from the above-mentioned Subscriber details, FTAs would also have to provide travel itinerary, city in which assistance is required start and end date of the travel, number of Co-travellers and Co-travellers’ information such as first & last name, email address, country of origin, mobile number, gender, age, country of origin, address, emergency contact details. Any change in Subscriber travel itinerary information must be updated within the App immediately.

      4. Specifically, for subscription to Senior Services: Apart from the Subscriber details in Clause 3.1.1 and 3.1.2, Seniors would also have to provide residential address and type of subscription package.

    2. Registration as a User and/or Subscriber is only a one-time process and if you have been previously registered, you shall login/sign into your account using the same credentials as provided by you during the registration process.

    3. When you use the App, it is your responsibility to keep your account information current and accurate. Please ensure that you exit from your account at the end of each session, and immediately notify India Assist of any unauthorized use of your account information or any other breach of security. India Assist cannot, and will not, be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by India Assist or any other Subscriber, User or visitor to the App due to authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential.

    1. We reserve the right to refuse access to the App, refuse subscription, terminate accounts, remove or edit content at our discretion.

    1. The subscription and Services are non-transferable i.e. only the person on whose name the subscription is made will be eligible to avail the Services through the Website and App. Notwithstanding the above, Senior Services may be subscribed to by persons for the benefit of their elderly parents or elderly acquaintances.

  1. Payment

    1. Payment For FTA Services

At present, India Assist charges for FTA Services in US Dollars. The quantum of charges would inter alia, depend upon the package opted by the Subscriber(s) i.e. whether the package opted for is for individual or for group usage, and promotions (if any running at the time of opting for the Services). These charges are typically on per day basis and the applicable charges will be mentioned at the time of purchase. Please note, your network operator may also separately charge you for data and other usage.

    1. Payment for Senior Services

At present, India Assist charges for Senior Services in US Dollars or Indian Rupees. The subscription to the Senior Services may be availed on a monthly, half yearly or annual basis as per the subscription package. The subscription to Senior Services will be renewed automatically (“ Automatic Renewal”) upon expiry of the Senior Services subscription package of the unless discontinued by the Subscriber as per Clause 13.4.

    1. While availing any of the payment methods available on the App, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

    1. lack of authorization for any transaction/s, or

    2. exceeding the preset limit mutually agreed between you and the financial services providers you deal with, or

    3. any payment issues arising out of the transaction, or

    4. decline of transaction for any other reason/s.

    1. You have specifically authorized the App to collect, process, facilitate and remit the payments electronically, through Cash on Delivery, cheque or direct bank transfer.

    1. India Assist reserves the right to charge a separate fee in respect of different categories of Users and Subscribers.

    1. India Assist may provide you certain services through Third Party Service Providers which may be charged separately. India Assist shall notify you about the accruing costs prior to the use of such Services and any functionality or feature on the App which is chargeable. All statutory taxes for the discharge of Services would be borne by the Subscriber.

    1. India Assist will not and should not be expected to make any payment/clear bills/purchase/give monetary assistance of any kind, during Distress or Senior Services or otherwise, unless agreed to specifically in writing. India Assist will not be held liable for any monetary implication caused to you or to any third party due to any solution provided to you in such a scenario.

    1. Any cancellation and refund policy will determine monetary charges applicable in such cases.

  1. Features Of The App, Interactions, and Related Terms

    1. The Services will be provided on best efforts basis. India Assist will make reasonable efforts and shall endeavor that you are able to use the Services without undue disruption, interruption or delay. Provision of all Services is subject to availability of Personnel, partners and Third-Party Service Providers.

    2. India Assist may update the App to introduce new features, improve the efficiency, safety and reliability of the App and/or Services or of any product or device that can be used to access the App and/or Services (“ Device”), to provide bug fixes for the App or parts thereof, and to update and enhance previously installed versions of the App (including entirely new versions). Depending on the update, you may not be able to flawlessly use the App or Services until you have downloaded the latest version or the updated version of the App and accepted any new terms.

    3. The App and/or Services may include certain communications from India Assist (e.g., service announcements, administrative messages and other information and alerts) including by way of SMS on your registered mobile number/email. By using the App and/or Services, you consent to receiving such messages/email. You acknowledge that these communications are considered part of the App and are necessary for optimum level of Services. However, in case you decide to opt out of receiving them, you acknowledge that India Assist shall not be responsible in any manner for any deficiency in Services.

    4. You understand and agree that the Services entail India Assist providing you the contact of the person (e.g. nearest local hospital/ ambulance/local Police/law enforcement agency) who can resolve the Distress or provide Senior Services, as applicable, as per your call.

    5. Even though India Assist takes all care to curate the list of Third Party Service Providers and partners it engages with for providing timely and best possible assistance, India Assist is not involved in providing any direct assistance, except to the extent specified in these Terms of Use, and hence is not responsible for any outcome between you and the partners or Third Party Service Providers you interact with, pursuant to you availing the Services. You further understand and agree that any interactions and associated issues with partners and/or Third Party Service Providers who you contact is strictly between you and the Third Parties. You shall not hold India Assist responsible for any such interactions and associated issues. India Assist shall not be responsible for any breach of Service or deficiency in service by any of its partners or Third Party Service Providers. We cannot assure nor guarantee the ability of partners or Third Party Service Providers to fulfill their obligations towards you.

    6. We will try to make the App error-free. Your access to the App may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or Services. However, we do not take responsibility for internet related issues at your end

  2. Data and Location Services

    1. For providing the Services through the App, location details as sent from the Subscriber’s Device at the time of Distress or at the time of availing Senior Services and Service will be provided based on that location. In this regard you agree and acknowledge that tracking of location is extremely important for providing any first contact assistance to you in cases of Distress or providing Senior Services; by turning off the location therefore, you run the risking of compromising the quality of Services and India Assist will not be responsible for any delay/error in providing the Services in such cases. You agree that by turning off your location you would be deemed to have willfully withdrawn from utilizing our Services. Also, India Assist is not responsible for any third party applications, including GPS apps such as maps. India Assist will not be responsible for any discrepancy in location.

    2. India Assist may provide push notifications to notify the Subscriber when he/she has stepped out of Defined Assistance Area. Even if there is no push notification to indicate that the Subscriber has moved beyond the Defined Assistance Area, no ground assistance/in-person services can be provided beyond the Defined Assistance Area.

    3. By using the App and/or the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our services and to provide Services to you, in accordance with the Privacy Policy.

  3. Your Responsibilities

    1. By using the App, you represent and warrant that:

  1. You are 18 years of age or older and that your use of the App shall not violate any applicable law or regulation;

  2. You have fully read and understood the Terms of Use and Privacy Policy of the App and consent to them.

  3. You shall ensure that the requisite information provided by you to us for the Services on the App, is absolutely true, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information. India Assist will not be liable for any incident occurring due to incorrect or insufficient information provided by you; and

  4. Your registration on the App is solely for your personal and non-commercial use. Any use of the App/Services or the contents of the App, other than for personal purposes is prohibited.

    1. We are the owner of the App, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the App in any way. You acknowledge that all information, content and material contained on the App is our intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to India Assist. No information, content or material from the App may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission

    2. You acknowledge that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the technology used or supported by the App or any Services other than the right to use each of them in accordance with the terms of these Terms of Use.

    3. You may download the App to view, use and display the App on the Devices for your personal purposes only. You must delete the App from a Device if you change that Device or intend to dispose it off.

    4. You must:

  1. not delete or modify any content of the App and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;

  2. make false or malicious statements against the Services or the App or us;

  3. not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Services or any operating system;

  4. not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," “phishing” and "griefing" as those terms are commonly understood and used on the internet;

  5. not use the App or any Services in a way that could damage, disable, overburden, impair or compromise the App, our systems or security or interfere with other Users/Subscribers;

  6. not carry out reverse engineering in respect of the App or any part thereof; and

  7. comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the App or any Services, which may include but is not limited to not using the App in a country where the use of the App or any Services is unlawful.

    1. You expressly understand and agree that:

  1. The information, content and materials on the App and / or Services is provided on an “as is” and “as available” basis. India Assist and its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;

  2. In-person services provided as a part of Senior Services can be availed only a for a stipulated number of times a month as mentioned in your subscription package. Any further requests over and above the number of requests for in-person assistance, stipulated by the subscription package, will be chargeable separately.

  3. India Assist does not warrant that the functions contained in content, information and materials on the App and / or Services, including, without limitation any third party sites or services linked to the App and / or Service will be uninterrupted, timely or error-free, that the defects will be rectified, or that the App or the servers that make such content, information and materials available are free of viruses or other harmful components;

  4. Any material downloaded or otherwise obtained through the App are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

    1. You hereby indemnify, defend, and hold India Assist, its employees, agents, representatives and other authorized Users and Subscribers of India Assist, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Service.

  1. Services: Limitation of Liability

    1. You acknowledge and undertake that you are accessing the Services through the App, transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the App.

    1. We will not be liable or responsible for:

  1. any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control, including Force Majeure Events;

  2. any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by an assigned partner(s) or a third party service provider (limited but not restricted to ground assistance, ground support, medical assistance, forex, personal assistance, or in any other Services mentioned in the App).

  3. the App not meeting your individual requirements or the App containing defects or errors, as the App has not been developed specifically for you. It is your responsibility to ensure that you use the App if the facilities and functions of the App meet your requirements; or

  4. any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your Device, data or other proprietary material due to your use of the App or the Services.

  5. any criminal act, misconduct or act that is prosecutable in the court of law committed by any partner or a third party service provider (limited but not restricted to ground assistance, ground support, medical assistance, forex, personal assistance, or in any other Service mentioned in the App). India Assist will assist the authorities and take any necessary action if and when required to address any such grievances.

    1. Additionally, by using the App or any Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

    2. You expressly understand that under no circumstances, including negligence, shall make India Assist be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including:

  1. the use or the inability to use the Service; or

  2. the cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received through or from the App and / or Service; or

  3. unauthorized access to or alteration of your transmissions or data; or

  4. any other matter relating to the App and / or Service.

    1. We shall neither be liable nor responsible for any actions or inactions of the Third-Party Service Providers, partners, or other users of the App, nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and Third-Party Service Providers, partners or other users of the App.

    1. Further, none of the directors, officers or employees of India Assist shall be personally liable for any action in connection with the App or the Services.

    1. The maximum liability of Company, its affiliates and its or their directors, Personnel, employees, agents, partners, suppliers, Third Party Service Providers, licensors or content providers to you for any and all damages, losses and causes of action shall not exceed the amount paid by you, if any, for accessing our Services.

    1. India Assist will bear no liability upon misuse of any Services provided to Subscriber.

    2. India Assist will not be responsible for any ‘no show’, disruption in provision of Services or delay in Service caused due to a Force Majeure Event. A “Force Majeure Event” would mean an event which is outside the reasonable control of India Assist, and which complicate or make impossible the rendering of Services. Such events would include but are not limited to epidemic, pandemic, quarantine restrictions, regulatory restrictions, sabotage, fire, rains, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer, computer system or computer network, computer crashes, power or electricity failure or unavailability of adequate power or electricity, suspension of public or private telecommunications networks, strike, riots, natural calamities, malware attack, any technological malfunction/failure affecting the App, heavy traffic, breakdowns, road blocks, civil lockdown, etc.

  1. Copyright And Trademarks

    1. India Assist is the sole owner or lawful licensee of all the rights of the App and its content. For the purpose of this clause, the content on the App includes its design, layout, text, images, graphics, sound, video, etc. as well as non-superficially visual functional elements. The title, ownership and intellectual property rights in the App and its content shall remain with India Assist, its affiliates or licensors of the content, as the case may be.

    1. Trademark : India Assist and related icons and logos are registered or registration has been applied for by India Assist in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.

    1. Copyright : All content on the App is the copyright of the India Assist except the third party content and links to third party applications or websites on the App, if any.

  1. Third Party Advertising

The App may include advertising by third parties. Where the App contains third party advertising that links to websites and resources of third parties. You acknowledge that when you access a link that leaves our Website or the App, the site you will enter into is not controlled by us and that different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that we are not responsible for those sites. Any transaction you undertake on such third party sites, would be solely at your own risk, and we shall not be liable for it any way. We reserve the right to disable links from third-party sites to the App, although we are under no obligation to do so.

  1. Testimonial Disclaimer

    1. Testimonials appearing on the App may reflect real life experiences of Users or Subscribers who have availed our Services. However, individual results may vary. We do not claim, nor should the User or Subscriber assume, that any individual experience recounted is typical or representative of what any other User or Subscriber might experience.

    2. To the extent permitted by applicable law, India Assist has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any Services contained in any User or Subscriber testimonials. Testimonials are not necessarily representative of what anyone else availing our Services may experience.

  2. Termination

    1. We reserve the right, in the event you breach these Terms of Use or the Privacy Policy to suspend or terminate your access to App with or without notice to you. Any suspected illegal, fraudulent or abusive activity will also be grounds for terminating your access to the App. Upon suspension or termination, your right to avail the Services shall immediately cease and we reserve the right to remove or delete your information that is available with us, including but not limited to login, account information and information posted by you.

    2. We reserve the right to (a) cease operating the App or any of the Services at any time without notice, and/or (b) to terminate these Terms of Use.

    3. On termination for any reason you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify, if we so request, to us that you have done so.

    4. You may terminate these Terms of Use at any time by deleting the App from all Devices that you have installed it on.

  3. Cancellation Policy:

    1. All Services provided by India Assist are intended to assist FTAs or Seniors. In the event that you are dissatisfied with the quality of Services or the results obtained, you may write to us at info@indiaassist.com with the specific details of the issue faced and the duration of use of the App and the Services.

    1. India Assist will, upon receipt of any such communication from you, if you so desire, attempt to resolve the issue faced by you.

    1. CANCELLATION OF FTA SERVICES

Cancellation at least 48 hours before the start of FTA Services : Once an order for purchasing the FTA Services on the App is received by us and the checkout procedure is completed, a cancellation of such order can only be made up to 48 hours prior to commencement of the FTA Services. No cancellations will be accepted post such time.

    1. CANCELLATION OF SENIOR SERVICES

Cancellation at least 24 hours prior to the start of Senior Services or the date of Auto Renewal : Once an order for purchasing the Senior Services on the App is received by us and the checkout procedure is completed, a cancellation of such order can only be made up to at least 24 hours prior to commencement of the Senior Services. In case of Auto Renewal, cancellation of the Senior Services for the subsequent month can be made up to 24 hours prior to the date of Auto Renewal. No cancellations will be accepted post such time for both subscription and Auto Renewal.

    1. For the purpose of cancelling the order placed by you for either FTA Services or Senior Services, you can either send us an e-mail on info@indiaassist.com with your order details such as your name, address, telephone number, order number, booking date, etc. or you can call our customer care and give directions for cancellation of your order. Once the cancellation has been accepted by us, you will be intimated about the same by way of an e-mail or phone call on the e-mail ID and/or telephone number provided by you.

    2. If a cancellation request is not received by us within the timelines set out in Clauses 13.3 and above, we will not be liable to refund or return any amount paid by you, irrespective of whether the Services have been availed by you or not.

  1. Return and Refund policy:

    1. Any refund against a request for a cancellation of the Service within the period stipulated in Clauses 13.3 and 13.4 shall be processed only upon receipt of a request from the registered email address of the Subscriber. We will not be responsible for any malfunctioning data connection or SIM issue or any technical issue because of which you are unable to send the cancellation request.

    2. It may take up to 10-15 business days for the credit to reflect in your account. The actual time taken for refund or for the credit of the payment into your account depends on the mode by which the payment was made and the procedures adopted by various financial services providers.

  2. Other Important Terms

    1. We can be contacted using the details in these Terms of Use, and via www.indiaassist.com or at info@indiaassist.com

    2. If any open-source software is included in the App or any Services, the terms of an open-source license may override some of the terms of these Terms of Use.

    3. The Services are limited to the actual Subscriber of the App only. This Service is non-transferable and cannot be used for any other unauthorized & unregistered person using registered customer(s) ID.

    4. The App may be recommended by multiple sources to a Subscriber. India Assist will not be held liable to fulfill anything mentioned/ committed to you by any source of recommendation, beyond our scope of Services as mentioned clearly herein these Terms of Use.

    5. India Assist reserves the right to change any or all parts of its payment policy without liability to the User, Subscriber or any third-party. In the event that there is a change in the payment policy of India Assist, India Assist will duly notify you of such changes through the App.

    1. Unless a contrary indication appears, any reference in these Terms of Use to:

  1. clause headings are for ease of reference only and unless otherwise stated, Clause are a reference to a clause, paragraph or schedule of these Terms of Use;

  2. a law, regulation or provision shall be a reference to such law, regulation or legal provision as subsequently amended or supplemented or re-enacted;

  3. an agreement, deed or document shall be a reference to such agreement, deed or document as including all amendments made thereto from time to time;

  4. unless the context otherwise requires the singular includes the plural and vice versa;

  5. the words “other”, “or otherwise” and “whatsoever” shall not be construed ejusdem generis or as any limitation upon the generality of any preceding words or matters specifically referred to;

  6. references to the word “includes” or “including” are to be construed without limitation;

  7. the words “herein”, “hereto” and “hereunder” refer to these Terms of Use as a whole and not to the particular section in which such word may be used;

  8. words importing a particular gender shall include all genders;

  9. words and abbreviations, which have well known technical, trade or commercial meanings are used in the Agreement in accordance with such meanings.

  1. Applicable Law and Dispute Resolution

    1. These Terms of Use shall be read and interpreted in accordance with the laws of India.

    2. Arbitration

  1. Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator.

  2. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996.

  3. The seat of such arbitration shall be New Delhi.

  4. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

    1. Any dispute, which cannot be resolved between you and us in terms of these Terms of Use, shall be resolved in the Delhi courts.

  1. Privacy Policy

In addition to these Terms of Use, we have also published the Privacy Policy which sets out the privacy practices of the Website. The Privacy Policy has been published in accordance with the provisions of the Information Technology Act, 2000 and the applicable rules made thereunder. In accessing the App, and availing the Services provided herein, you confirm that you have read, fully understand and accept the Privacy Policy. The personal information / data provided to us by you during the course of usage of the App will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the App.

  1. Newsletters And Communications

You hereby expressly agree to receive communications and newsletters from the India Assist by SMS and e-mails. You can unsubscribe/opt-out from receiving communications and newsletters from the India Assist at any time by following the procedure set forth in the Website or the App.

  1. Grievance Officer

If you have any grievance with respect to the App or the Services, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Ms. Aditi Sen :aditi.sen@indiaassist.com

The Grievance Officer shall redress your grievances expeditiously, within 1 (one) month from the date of receipt of grievance. Except where required by law, India Assist cannot ensure a response to questions or comments regarding topics unrelated to this policy or the India Assists' privacy practices.

  1. Report Abuse

In the event you come across any abuse or violation of the Terms of Use or if you become aware of any objectionable content on the App, please report to the Grievance Officer, whose details are set out above. The Grievance Officer shall redress your grievances expeditiously, within 1 (one) month from the date of receipt of grievance.

  1. Severability

    1. If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  2. Notices

    1. All notices and other communications required or permitted hereunder to be given to a party hereto shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party on the address as set forth below or at such other address as the party hereto shall have furnished to the other party hereto in writing in accordance with this provision:

If to India Assist:

Asset One, Ground Floor, Hyatt Anda Residences, Aerocity, New Delhi 110037

Email: info@indiaassist.com

If to you:

At the email address provided by you to us when you registered as an India Assist Subscriber/User.

  1. Waiver

    1. No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by India Assist. Any consent by India Assist to, or waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  2. Complete Understanding

    1. These Terms of Use contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

you have read these Terms of Use and agree to all of the provisions contained above