A. Evato Technology Private Limited, a company duly incorporated under the Companies Act, 2013, bearing CIN U72200HR2015PTC055320 and having its registered office at 406 – 408, 4th Floor, Address One by Baani, Golf Course Road, Sector 56, Gurgaon, Haryana – 122011 (“Company” or “we” or “our” or “us”). The Company owns the domain at: https://channelblu.com (“Website”). The Company through its Website offers the services of re-configured customer relationship management to manage the sales, marketing and revenue programs service offerings (“Service(s)”), either directly or indirectly, to brands /domestic clients (“User(s)” or “you” or “your”). The Website enables the Users to avail Services from and manage their existing and/or potential distributors, retailers, agents and contractors (“Channel Partner(s)”).
C. The Company reserves the right to modify these Terms and Conditions and unless otherwise specified by the Company, the proposed changes become effective for Users upon renewal of their then current subscription term or subscription to a new service. The Company shall notify the Users of any change in these Terms and Conditions through communications via User’s account, email and/ or other means that it deems convenient.
Please note that the use of the Website is at your sole risk and the Company disclaims all representations and/or warranties of any kind, whether express or implied, as to condition, suitability and fitness for any purposes are excluded to the fullest extent permitted by law.
The information contained on the Website is for general information purposes only and the Company makes no representations and/or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits out of, or in connection with, the use of this Website. Through this Website you are able to link to other websites which are not under the control of the Company including their nature, content, compliance and availability. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Website up and running smoothly, however, the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond the Company’s control.
All Users of the Website are advised to read and understand these Terms and Conditions carefully, as by accessing, using or visiting the Website, you are accepting these Terms and Condition, and the policies hereunder. If you do not agree with these Terms and Conditions, we request you not use or access the Website. In addition, when you use any current or future Services, content, or other materials, you will be subject to these Terms and Conditions, in addition to other agreements governing your use of our services.
By accessing our Website and availing our Services, you are representing the following:
(i) You have not been previously barred or legally prohibited from using our Website or Services;
(ii) The person using your account on your behalf, are duly authorized by you to do so and in case of being individuals are at least 18 (eighteen) years of age.
Use of our Website / Services
Your access or use of the Website/ Services implies your acceptance of the following:
(i) Company will provide and make the Services available to Users pursuant to these Terms and Conditions.
(ii) During the subscription term, the Company grants to its Users a limited, non-exclusive right to access and use the Services only for the User’s internal business purposes, and for such number of users included in their Service plan, including the right to edit, save and/or download from the Website in connection with the authorized use of the Services.
(iii) Your use of the Website/ Services shall not violate any applicable law or regulation.
(iv) All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.
(v) You are responsible for maintaining the confidentiality of the access credentials of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of account or any other breach of security.
(vi) You agree that you are aware and responsible for all transactions taking place through your account. You shall continue to be responsible for the transactions in your account, if you knowingly or negligently (a) grant any other person access to your account, (b) permit them to transact on your account, or (c) transact on any other person’s behalf or directions; whether by sharing one-time passwords or in any other manner.
(vii) You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the Website/Services, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
(viii) You agree and acknowledge that in addition to you, there are other Users of the same Website/ Services, and your use or access shall not, directly or indirectly, impede with the use or access of other Users.
(ix) You shall not access or use the Website / Services in any manner that may be (a) harmful to the operation of the Website/ Services; (b) unlawful; (c) harmful to the Company or to any other User; (d) hinder any other User’s enjoyment of the Website / Services; or (e) to defraud other Users, the Company or any other affiliates or commercial partners (f) track cookies, ad exchanges, ad networks, data brokerages, or to send electronic communications (including e-mail) in violation of applicable law.
(x) You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Company’s technology available to any third party other than Users and end users, and then only in furtherance of its permitted business purposes as expressly permitted by these Terms and Conditions; (a) modify, adapt, or hack the Company’s technology or otherwise gain or attempt to gain unauthorized access to the Company’s technology, its related systems or networks; (b) falsely imply any sponsorship or association with the Company; (c) decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any portion of the Company’s technology.
(xi) You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the Website / Services, or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website/ Services.
(xii) You shall not delete or modify any content of the Website / Services.
(xiii) Your use of the Website / Services shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”), for the purpose of effective delivery of the Website / Services. Please note that your continued use of the Website / Services following such Updates would mean deemed acceptance by you of the same.
(xiv) The Company reserves the right to determine the availability, appropriateness and eligibility for any product, services and rewards offered on any platform.
(xv) In case your account/ device has been hacked, lost or stolen, you shall immediately inform us about the same so that we can take necessary actions to block your account at the earliest. The Company shall not be liable and/or responsible for any loss/ damage suffered by you due to such unauthorized access of your account/ device.
(xvi) You agree and acknowledge that the Website only allows Users to integrate with third party vendors. The Company is not liable and/ or responsible for authenticity and accuracy of any information that is collected, used and / or shared by the User(s), or the Channel Partner(s) and You shall solely be liable and responsible for the same. The User(s) represent, acknowledge and agree that all necessary consents, approvals and intimations have been taken by you from your existing and/or potential Channel Partners, before uploading/ sharing their details/ information on your account on the Website. The User shall solely be responsible for obtaining and maintaining such consents from such Channel Partners. The Company shall not be responsible for any objection by the Channel Partners regarding use of their personal data, and it shall remain the sole responsibility of the User.
Use of your data
Users and their respective Channel Partners retain all rights, title and interest (including any and all intellectual property rights) in and to the User data and any modifications made thereto. The User hereby grants the Company and its authorized representatives a non-exclusive, worldwide, royalty-free right to process the User data solely to the extent necessary to provide the Services and perform all related obligations. The User is solely responsible for (a) the accuracy, content and legality of all User data, and (b) to ensure that the User has and will continue to have sufficient rights in the User data to grant the rights to the Company under these Terms and Conditions. The Channel Partners who onboard the Website to facilitate Services shall also provide their personal information such as KYC, contact numbers, email address, social media account details, purchase records, tiers, levels, zones, programs lines, rebates, incentives, and the Company shall not be responsible or liable for any loss of their data.
No Illegal, Harmful, or Offensive Use or Content
You may not use, or encourage, promote, facilitate, or instruct others to use, the Website / Services for any illegal, harmful, fraudulent, infringing, or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing, or offensive. Prohibited activities or content include:
(i) Illegal, harmful or fraudulent activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting, or facilitating child pornography, offering, or disseminating fraudulent goods, services, schemes or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming, or engaging in other deceptive practices.
(ii) Infringing content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
(iii) Offensive content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
(iv) Harmful content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
No Security Violations
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
(i) Unauthorized access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
(ii) Interception. Monitoring of data or traffic on a System without permission.
(iii) Falsification of origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.
No Network Abuse
You may not make network connections to any Users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
(i) Monitoring or crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
(ii) Denial of service. Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes
(iii) Intentional interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
(iv) Operation of certain network services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
(v) Avoiding system restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
No E-Mail or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations like spam, including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate these Terms and Conditions.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms and Conditions or misuse of the Website/ Services. We may: (i) investigate violations of these Terms and Conditions or misuse of the Services or Website; or (ii) remove, disable access to, or modify any content or resource that violates these Terms and Conditions or any other agreement we have with you for use of the Website/ Services.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms and Conditions.
Reporting of Violations of Terms and Conditions
If you become aware of any violation of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of these Terms and Conditions, please email us on firstname.lastname@example.org.
If we believe that you have violated any of the conditions as mentioned under the Terms and Conditions, we reserve the right to suspend your access to the Website / Services and/or delete your account without prior notice and/or reverse the relevant transaction and/or restrict your usage of the Website / Services in its entirety or any specific feature(s) thereof.
Subscription of our Services
We may offer a number of membership plans, which may vary as per (a) tenure: can be monthly and/or yearly, (b) number of other users who can use your account. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
To use our Services, you must have an internet access and a device compatible to our Website, and provide us with 1 (one) or more Payment Methods. “Payment Method(s)” means a current, valid, accepted method of payment which is a 3rd (third) party payment gateway, as may be updated from time to time, and which may include payment through your account with a third party. Your subscription of our Services will continue until terminated.
The payments for the subscription plans availed, the Users shall be taken to 3rd (third) party payment gateway, wherein the Users and/or their authorised representatives shall be governed by the terms and conditions of such payment gateways. It is hereby clarified that the activities of the Users and/or their authorised representatives undertaken on such gateways are not the responsibility and/or liability of the Company and is beyond its purview. In case the Users need to access the policies, terms and conditions, etc of the payment gateway they can email us at email@example.com.
Unless you cancel your subscription before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method.
Billing and Cancellation
(i) Billing Cycle
(a) The subscription fee for our Services and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on your account on the Website. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the Service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month.
(b) All charges associated with the User’s account are set forth on the Website. For credit card payments, the payment is due immediately upon receipt of the invoice and the User authorizes the Company and/or authorized representatives, as applicable, to bill your credit card upon subscription to the Service(s) and any renewal thereof. Payment obligations are non-cancellable, regardless of utilization by the User, and except as expressly permitted in these Terms and Conditions, fees paid are non-refundable. Unless otherwise set forth on the Website, the User’s subscription to the Services will renew automatically. During the subscription term, the User shall not reduce the tenure of their subscription plan, the Usermay however, modify the number of user count. The User agrees that the Company shall not refund any subscription fee for any plan already subscribed to by the User, irrespective of any modification in the number of user count. The Company may make revision in the price plans for any subscription, at their sole discretion and such revised prices shall apply for the subscription plans from the next payment cycle for all Users.
(ii) Updating your Payment Methods. You can update your Payment Methods by going to your account on the Website. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
(iii) Cancellation. You can cancel your subscription at any time, and you will continue to have access to the Service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods or unused Services. If you cancel your subscription, your account will automatically close at the end of your current billing period.
(iv) Refund Policy. Unless otherwise provided by applicable law, the Company does not offer any refunds to the Users on their subscription plans. In case of any payment failures or issues relating to payment by the User or their representatives to Channel Partner or any third party, the Company shall not be liable for any claims, damages, breach or disputes.
(v) Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our Service from time to time, by providing you a prior written notice of 30 (thirty) days of any such price changes or changes to your subscription plans through our Website and/or via email to the Company on firstname.lastname@example.org.
(vi) Auto-Renewal. Unless a User specifically unsubscribes to any current subscription plan, directly through their account on the Website, or makes a specific written requests via email to the Company on email@example.com, and such request is specifically accepted by the Company for non-renewal of the subscription plan, the current subscription plan of the User will automatically renew for a period equal to the existing subscription term. The Company reserves the right to increase the fees at the beginning of each subscription term and any and all fees for a renewed subscription term are due upon the date of renewal.
(vii) Free trials. Any email address shall be given free trial only once for a period of 30 (Thirty) days. Upon expiration of the free trial period, the User can either avail a subscription plan or the User account shall be immediately deactivated and their access be entirely blocked.
Termination for cause
Either party may terminate these Terms and Conditions in case of material breach of these Terms and Conditions by the other party, after providing 30 (thirty) days written notice and failure by the other party to cure such breach within 30 (thirty) days. The parties may immediately terminate these Terms and Conditions in the event the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
The Company has a grievance redressal mechanism in place, which is in accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
(i) Details of Grievance Officer. The name and contact details of the grievance officer who may be contacted in case of any complaints, concerns, violations or breach of the Website, Terms and Conditions or and other polices are as following:
Name: Grievance Officer
Postal Address: 406 – 408, 4th Floor, Address One by Baani, Golf Course Road, Sector 56, Gurgaon, Haryana – 122011
Email Address: firstname.lastname@example.org
(ii) Mechanism for making complaints. In case the User needs to file a complaint with the grievance officer, they are required to send a written complaint to the grievance officer by post as well as email to the abovementioned addresses.
Protection of Intellectual Property Rights
The Company and/or its affiliates, if any, are the sole owners of the Website / Services and it remains their intellectual property rights which are protected under copyright, trademarks, patents, trade secret and/or other laws. No information, content or material from the Website / Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. You are hereby given a limited licence to use the Website / Services subject to your acceptance of these Terms and Conditions.
When you upload, submit, store, send or receive content that may include feedback to or through the Website, you give the Company and its affiliates a perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not expire even if it is not used by the Company or its affiliates. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the Services, and to develop new ones and continues with the Company even if you stop using the Services.
If you believe that any image or other material made available by us, infringes upon any copyright that you own or control, you may notify us at the earliest, in writing about the same at email@example.com.
Limitation of Liability
It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any direct, indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
Governing Law and Jurisdiction
The Terms and Conditions shall be governed by and construed in accordance with the laws of India.
Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Gurgaon, Haryana and the language of the arbitration shall be English.
Subject to the aforesaid, the courts at Gurgaon, Haryana shall have exclusive jurisdiction over any proceedings arising in respect of these Terms and Conditions.
You shall not transfer or assign any of your rights and obligations arising from these Terms and Conditions without our prior written consent. Any assignment or transfer in violation of this Clause shall be void. Subject to the foregoing, these Terms and Conditions will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.