Terms and Conditions
Thank you for your interest in Nanomite Technologies Private Limited or Chandrasekhar Reddy Allareddy (hereinafter Nanomite). Nanomite, as well as all related web sites, networks, applications, and other services provided by us (collectively, our "Service"). These Terms of Use (hereinafter Terms) are a legally binding contract between you and Nanomite regarding your use of the Service.
By using the services, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions, including the Nanomite privacy policy. If you are not eligible or do not agree to the Terms, then you do not have our permission to use the Service.
The Nanomite reserves the right to update and change the Terms, at any time. Nanomite will make reasonable efforts to inform customers of any changes to these terms. These terms apply to any company or individual with a Nanomite account ("you"). Some clauses relate to both you and any user who you intentionally or unintentionally give access to Nanomite (hereinafter "your users"). Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
1. Service Overview
The Nanomite Service provides a set of tools to manage the administrative tasks of running a client-based services business. A client-based services business (the "Provider") may use the Service to schedule, bill, and manage its customers (each a "Client"), and the Client may use the Service to schedule and pay for the services provided (the "Provider Services").
2. Eligibility
You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that:
(a) you are at least 13 years of age;
(b) you have not previously been suspended or removed from the Service; and
(c) your registration and your use of the Service is in compliance with all applicable laws and regulations.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
3. Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as name, telephone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a one time password sent on the mobile number. You are solely responsible for maintaining the confidentiality of your account and OTP, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at mail@nanomite.in.
4. Provider and Client Transactions
The Service may be used to manage, schedule and facilitate payment for Provider Services, but all transactions conducted via the Service are between Providers and Clients. Nanomite is not a party to any transaction between Providers and Clients. By selling or scheduling an appointment via the Service, you are entering into a separate transaction between the Provider and Client. The terms of this transaction, including fees, refunds, and the cancelation policy, are as specified by the Provider when the service is sold. You are advised to review these terms prior to selling a service or product for Provider Services. Nanomite makes no representations or warranties about the Provider Services, about Clients ability to pay for the Provider Services, or about your interactions and dealings with Providers and Clients. Nanomite does not employ, recommend, or endorse Providers or Clients, and we will not be responsible or liable for the performance or conduct of Providers or Clients or for enforcing payment for Provider Services. You should exercise caution and use your independent judgment before providing services, or otherwise interacting with users via the Service.
5. Payment Terms
5.1 General Payment Terms. Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in Indian rupees and are non-refundable. If Nanomite changes the fees for the Service, including adding additional fees or charges, Nanomite will provide you with advance notice of those changes. If you do not accept the changes, Nanomite may discontinue providing the Service to you.
5.2 Authorization. You authorize Nanomite to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Nanomite, including all applicable taxes, to the payment method specified in your account or specified at the time of purchase. If you pay any fees with a credit card, Nanomite may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
5.3 Subscription Service. The Service may include functionality for activating, updating or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Service, you authorize Nanomite to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to 2 business days for the update or cancellation to take effect.
6. Licenses
6.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Nanomite grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
6.2 Limited Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
7. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
7.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
7.3 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
7.4 interfere with the operation of the Service or any user's enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
7.5 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
7.6 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Material; or
7.7 attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
8. Termination of Use;Discontinuation and Modification of the Service
You may terminate your account at any time by contacting customer service at mail@nanomite.in. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. All fees paid prior to the termination are non-refundable. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Nanomite may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
9. Privacy Policy; Additional Terms
9.1 Privacy Policy. Please read the Nanomite Privacy Policy at https://www.nanomite.in/privacy-policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Nanomite Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
9.2 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 10. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
10. Modification of these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
11. Ownership; Proprietary Rights
The Service is owned and operated by Nanomite. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by Nanomite are protected by intellectual property and other laws. All Materials included in the Service are the property of Nanomite or our third-party licensors. Except as expressly authorized by Nanomite, you may not make use of the Materials. Nanomite reserves all rights to the Materials not granted expressly in these Terms.
12. Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Nanomite an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
13. Indemnity
You are responsible for your use of the Service, and you will defend and indemnify Nanomite and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Nanomite Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your transactions and interactions with other users of the Service; (b) your access to, use of, or alleged use of, the Service; (c) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
14. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE NANOMITE ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE NANOMITE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE NANOMITE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
15. Limitation of Liability
IN NO EVENT WILL THE NANOMITE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY NANOMITE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE NANOMITE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO NANOMITE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM.
WE HEREBY EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY RELEASE US FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, YOUR USE OR PROVISION OF PROVIDER SERVICES, AND THE ACTS OR OMISSIONS OF PROVIDERS AND CLIENTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR PROVISION OF PROVIDER SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Governing Law
These Terms are governed by the laws of the State of Telengana without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Nanomite agree to submit to the personal and exclusive jurisdiction of the state courts and central courts located within INDIA, Telangana for the purpose of litigating any dispute. We operate the Service from our offices in the State of Telangana, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
17. General
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Nanomite regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18. Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19. Contact Information
The Service is offered by Nanomite Technologies Pvt. Ltd., located at H.No. 1-58, Nallapareddypalli (v), Murugulla (post), Atmakur, Andhra Pradesh, India - 524322. You may contact us by sending correspondence to that address or by emailing us at mail@Nanomite.in.