Terms of Use

Please read the following terms and conditions carefully.

1. Acceptance of Terms

Immidart Technologies LLP, a limited liability partnership registered under the laws of India and having office at No. 68, Smartworks, 4th Floor, Tower-B, DSR Techno Cube, Varthur Road, Thubarahalli, Bangalore - 560066 (hereinafter referred to as “We”, “Us” or “Our”), on behalf of itself and its affiliates/group companies, operates the website https://www.immidart.com/ (referred to as “Website”).

This document is a legally binding document for any user (hereinafter referred to as “You”/ “Your”/ “User”) and Us in relation to the access and use of the Website and other services related thereto.

The terms of this document will be effective upon Your acceptance of the same (directly or indirectly in electronic form, by access and use of the Website).

This document is an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. Any access or use of this Website in contravention to the provisions of Information Technology Act, 2000, shall be punishable in accordance with the said Act.

Please read this document carefully. By using the Website, You indicate that You understand, agree and consent to this document. If You do not agree with the terms of this document, please do not use this Website. You hereby provide Your unconditional consent or agreements to Us as provided under Section 43A and Section 72A of the Information Technology Act, 2000 to access and use Your personal information that You have voluntarily provided to Us in connection with the use of the Platform.

By providing Us Your information or by making use of the Website, You hereby consent to the collection, storage, processing, and transfer of any or all Personal Information (defined in Our Privacy Policy) and Non-Personal Information by Us as specified under this terms of use and further agree that such collection, use, storage, and transfer of information shall not cause any loss or wrongful gain to You or any other person.

Your access to the Website is subject to Our Privacy Policy. The terms of the Privacy Policy can be found directly on the Website and are incorporated herein by reference. You agree that all agreements, notices, disclosures, and other communications We provide to You electronically satisfy any legal requirement that such communications be in writing.

It is represented and warranted that You as the User of the Website has or have fully read, understood, and accept the terms of use as updated from time to time without any notice to You. You are advised to review these terms of use periodically for any updates. We shall take reasonable efforts to notify You regarding the amendments to the terms of use through a notice on the Website. Your continued access to the Website from the date of updated terms of use shall be deemed to Your acceptance of the updated terms of use. If You do not agree to or wish to be bound by the updated terms of use, You shall not access the Website.

We may, from time to time, release new versions of the Website which will be subject to this terms of use, and any additional terms. However, the information with regards to the same shall be intimated to You through the Website or any other mode of communications.

If You access and use the Website on behalf of an entity, You represent and warrant that You are duly authorised to act on behalf of such entity and that such entity is duly incorporated or otherwise legally established under applicable laws.

2. Demo

If You wish to avail of a demonstration of Our services, You may submit a request through the demo option available on the Website. You shall provide the Personal Information and details of Your requirements necessary for Us to assess Your request, subject to Our Privacy Policy. We shall review Your request and respond within a reasonable timeframe. We may, at Our discretion, provide additional demonstrations to help You better understand Our services.

Following the demonstration, if You wish to avail of Our products or services, You shall be required to enter into a definitive agreement with Us, which shall govern the terms and conditions applicable to the purchase of such products or provision of services.

3. Resume Uploading

You may upload Your resume through the Careers section of the Website to apply for available positions or to be considered for future employment opportunities with Us. By submitting Your resume, You consent to Us contacting You regarding Your application and the recruitment process through WhatsApp, email, SMS, telephone, or other communication channels, using the contact details provided by You. Your use of third-party communication platforms shall also be subject to their applicable terms and conditions.

You represent and warrant that the information and documents submitted by You are true, accurate, and complete, and that You are authorised to share them with Us. Submission of a resume does not guarantee an interview, offer of employment, or any other engagement with Us. We reserve the right to verify the information provided by You, and any false, inaccurate, or misleading information may result in the rejection of Your application or, where applicable, other action in accordance with applicable law.

We shall collect, use, store, and otherwise process Your Personal Data for recruitment-related purposes in accordance with Our Privacy Policy and applicable data protection laws.

4. Website Access and Use of Services

You shall not use the Website to host, display, upload, modify, publish, transmit, store, update or share any information that:

  • belongs to another person and to which You do not have any right.
  • is defamatory, obscene, pornographic, pedophilic, invasive of any third-party’s privacy, including bodily privacy, insulting, or harassing on the basis of gender, libelous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
  • is harmful to child.
  • infringes any patent, trademark, copyright, or other proprietary rights.
  • violates any law for the time being in force.
  • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
  • impersonates another person.
  • 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 cognisable offence or prevents investigation of any offence or is insulting other nation.
  • contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource.
  • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
  • any unlawful information, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force.
  • any private information of any third party, including addresses, phone numbers, email addresses or any personal identifiable information.

You agree to not use the Website to:

  • upload, post, email or otherwise make available or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges or to utilize the service on an as is basis as provided by Us;
  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities, any rules of any Indian securities exchange and any regulations having the force of law;
  • commit any fraudulent or unlawful act, whether in relation to any third-party provider of products and services;
  • impersonate, or falsely state or otherwise misrepresent Your affiliation with any person;
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.

In addition to the above, You shall also be compliant to Our Privacy Policy as updated from time to time, a copy of which is available on our Website.

In the event of non-compliance of this terms of use, We may (without notice to You), immediately prevent Your access of the Website and services thereunder.

5. Advertisements and Third-Party Links

The Website may contain links to third-party websites and advertisements. These links and advertisements are provided for Your convenience and information purposes. When you click on a link, you may leave the Website and be directed to a website that is owned and operated by another third party.

We do not own or control these third-party websites. Unless expressly stated otherwise, We are not responsible for their content, products, services, accuracy, availability, privacy practices or security. The inclusion of a link or advertisement does not mean that we endorse the third party or its offerings.

Any dealings between You and a third party, including purchases, enquiries, payments, and the sharing of personal data, are solely between You and that party. Your use of those websites is subject to their own terms and conditions and privacy policies, which We encourage You to read before proceeding.

To the maximum extent permitted by law, We shall not be liable for any loss or damage arising from Your access to or use of any third-party website. We may add, change or remove any link or advertisement at any time without notice.

6. Cookies

Our website uses cookies and similar technologies to ensure its proper functioning, maintain security, remember user preferences, understand how visitors interact with the Website, and improve Our services.

Certain cookies are strictly necessary for the operation and security of the Website and may be used without consent where permitted by applicable law. Other cookies, including analytics, performance and optional functional cookies, are used with Your consent where required by applicable law.

You may accept, reject, or manage non-essential cookies through the cookie consent banner displayed on Our Website. Cookies requiring Your consent shall not be activated unless such consent has been provided.

You may change or withdraw Your cookie preferences at any time through the Cookie Settings option available on Our Website. You may also manage or delete cookies through Your browser settings. Disabling certain cookies may affect the availability or functionality of some Website features.

Details of the cookies used on Our Website, including their purposes, providers, categories and retention periods, shall be made available through Our Cookie Settings or other clearly accessible cookie information. See also Our Cookie Policy.

Where third-party cookies or similar technologies are used, they shall be subject to applicable consent requirements and the relevant privacy practices of those third parties.

7. Intellectual Property Rights and Website License

The copyright, database right and other intellectual property rights in the Website, products and services including without limitation all content included on the Website texts, graphics, logos, button icons, images, audios, clips, digital downloads, software, data compilations and technology used or appearing or transmitted through it (“Intellectual Property”), belongs to Us or Our affiliates or licensors and are protected by the laws of India and/or foreign countries. We and Our licensors reserve all rights not expressly granted in this terms of use.

All software used on the Website is Our Intellectual Property and is protected by Indian and international copyright laws.

Subject to this terms of use and solely within the limits permitted by Us herein, We grant You a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Website. This license does not include any redistribution of resale or commercial use of the Website.

You shall not systematically extract any part of the Website, and use any robots, data mining or extraction tools for reutilization of Our Website, scrap any data, alter the source code, hack, introduce viruses, acquire, copy, or monitor any portion of this Website. Further, You shall not create, publish anything that features parts of Our Website and for whatsoever purpose, You shall not reproduce, store, copy or archive the Website in any manner, format or medium whatsoever either in full or in parts.

“Immidart”, Our logos, and local language variants of the foregoing trademarks, that appear on this Website, are trademarks. Except as expressly provided in this terms of use or as expressly authorized in writing by Us, You shall not use any Intellectual Property either alone or in combination with other words or design elements, including, in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual, or any other form.

References to other parties trademarks on this Website including Our clients and Our service providers are for identification purposes only and do not indicate that such parties have approved this Website. This terms of use do not grant You any right to use the trademarks of such other third parties.

8. Representations and Warranties

You represent and warrant that:

  • You are fully capable and competent to enter into this terms of use and that You have the right, authority, and capacity to enter into, and to be bound by, this terms of use and to abide by the terms and conditions contained herein, and that You will so abide.
  • You shall not use the Website beyond the contemplated functionality of the Website.
  • You shall not attempt to gain unauthorized access to the Website.
  • You shall not use the Website in a way that may damage or impair (i) the Website, or (ii) Our underlying systems and security.
  • You shall not use the Website in any unlawful manner, or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft.
  • You shall not use any intellectual property whether owned by Us or other third parties, including the copyrighted content displayed on the Website for any personal or third-party gain, without Our express consent.
  • You will not carry out any action or omit to do any action which will create liability for Us or cause Us to lose (in whole or in part) the services of Our Internet service providers (ISPs) or other partners, suppliers, contractors, vendors.

9. Confidentiality

Each Party acknowledges and agrees that in the performance of this terms of use it may have access to or may be exposed to, directly or indirectly, Confidential Information of the other Party.

Each Party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the Disclosing Party; (b) it shall not use Confidential Information of the other Party for any purpose except in furtherance of the Agreement; (c) it shall not disclose Confidential Information of the other Party to any third party, except to its employees, officers, contractors, agents and service providers on a need to know basis in connection with the Agreement, provided such permitted persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the Disclosing Party at the request of the Disclosing Party (subject to applicable law and, with respect to Us and Our internal record-keeping requirements).

Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the Receiving Party; (b) was possessed by the Receiving Party without an obligation of confidentiality; (c) is disclosed to the Receiving Party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to applicable law, court order, subpoena or governmental authority, provided the Receiving Party notifies the Disclosing Party thereof and provides the Disclosing Party a reasonable opportunity to contest or limit such required disclosure.

For the purpose of clarity, “Confidential Information” means any or all information including but not limited to information that is exchanged through this Website between the parties and other information which are considered to be confidential.

For the purpose of clarity, “Disclosing Party” means the Party disclosing its Confidential Information under this Agreement and “Receiving Party” means the Party receiving Confidential Information under this Agreement.

10. Personal Data Protection

Our obligation for the use of Personal Data will be restricted within the scope of the purpose of collecting such Personal Data.

Personal Data. Subject to this terms of use and Privacy Policy, to the extent that We receive Your Personal Data as result of using Our Website and related services, We agree that it will (a) not disclose or use any of Your Personal Data except to the extent necessary to carry out Our obligations hereinunder and for no other purpose, (b) not disclose Your Personal Data to any third party, including Our third party service providers without Your prior written consent and subject to the further requirements of this clause, (c) employ administrative, technical and physical safeguards to prevent unauthorized use or disclosure of Your Personal Data, (d) promptly provide such information regarding its privacy and information security systems, policies and procedures as You may request relating to its due diligence and oversight obligations under applicable laws and regulations, (e) in the event of any actual or apparent theft, unauthorized use or disclosure of any of Your Personal Data immediately commence all reasonable efforts to investigate and correct the causes and remediate the results thereof, and (f) as soon as practicable following discovery of any event described in sub-clause (e) hereof, provide You a notice thereof, and such further information and assistance as may be reasonably requested.

For the purpose of clarity, “Personal Data” shall mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

11. Disclaimer of Warranties

Your use of the Website is entirely at Your own risk. To the extent not otherwise set in this terms of use and to the fullest extent permitted under law, the Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of (a) merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy, currentness, completeness or reliability of the Website and assume no liability or responsibility for any errors, mistakes, or inaccuracies of the Website, (b) personal injury or property damage of any nature whatsoever, resulting from Your access to and use of the Website (c) any unauthorized access to or use of Our secure servers and/or any and all personal information stored therein (d) Your use of the Website will meet Your requirements (e) any information obtained by You as a result of Your use of the Website will be accurate or reliable; and defects in the operation or functionality of the Website will be corrected.

Without limiting the foregoing, neither Us nor Our affiliates or licensors warrant that access to the Website will be uninterrupted or that the Website will be error-free, or that defects will be corrected or that it will always be accessible; nor We make any warranty as to the results that may be obtained from the use of the Website, or as to the timeliness, accuracy, reliability, completeness or information or materials or demo provided through or in connection with the use of the Website. Neither Us nor Our affiliates or licensors is responsible for the conduct, whether online or offline, of any user. We, Our affiliates and licensors do not warrant that the Website is free from viruses, worms, trojan horses, or other harmful components and do not guarantee that any personal information supplied by You will not be misappropriated, intercepted, deleted, destroyed or used by others. We may change, suspend, withdraw or restrict the availability of all or any part of Our Website for business, operational and legal reasons at any time without notice.

12. Limitation of Liability

Under no circumstances will We, Our affiliates, licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with Your use of or inability to use the Website, even if advised of the possibility of the same including but not limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill and reputation, any loss of opportunity, any loss of data suffered by You.

You are responsible for any mobile charges that may apply to Your use of Our Website, including text-messaging and data charges.

With respect to the Users accessing the Website, Our total aggregate liability under this terms of use shall not exceed INR 1000/-.

13. Indemnity

You hereby indemnify, defend, and hold Us, Our affiliates, licensors, distributors, agents, representatives and other authorized users, harmless from and against any and all losses, damages, liabilities and costs arising from or in connection with a) use or access of the Website; b) Your breach of any terms, obligations, representations and warranties under this terms of use; c) any claim that the provision or use of the Website infringes any third party rights; and d) breach of applicable laws.

Nothing in these terms of use shall exclude or limit Our liability for any liability which cannot be excluded or limited under applicable laws in force in India. Your statutory rights as a User are not affected by this terms of use.

14. Grievance Redressal Mechanism

Any complaints, abuse or concerns with regards to the use, processing and disclosure of Information provided by You or breach of these terms of use or any applicable law should immediately be informed to the designated Grievance Officer mentioned below:

Email ID: hr@immidart.com

15. Force Majeure

We shall be relieved of all Our responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, epidemics, pandemics, lockdown (state-wise or nation-wide), natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond Our reasonable control. You further acknowledge and agree that We are not responsible or liable for (a) any incompatibility between the Website and any other website, service, software, or hardware or (b) any delays or failures You may experience with any transmissions or transactions relating to the Website in an accurate or timely manner.

16. General

All notices shall be given to Us via email, or to You at either the email address You provide.

Any waiver of Our rights or remedy under this terms of use shall only be effective if it is in writing, executed by Our duly authorized representative, and shall be applicable only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under this terms of use shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right, or remedy, or other rights or remedies.

This terms of use, together with the Privacy Policy incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter.

The section titles in this terms of use are for convenience only and have no legal or contractual effect. The words “including” and “includes” means “including without limitation”.

The provision(s) of this terms of use shall be sought to be harmoniously interpreted with each other, as well as applicable Laws (including the applicable laws based on the jurisdiction of You) and upheld to the fullest extent permissible under applicable Laws. Further, the provisions contained in this terms of use shall be enforceable independent of each other, and their validity shall not be affected, if any other provision(s) are held to be invalid. If any provision(s) of this terms of use are, for any reason, held to be invalid or unenforceable, the other provisions of this terms of use will be unimpaired (to the maximum extent permissible), and the invalid or unenforceable provision(s) will be deemed modified so that they are valid and enforceable to the maximum extent permitted by applicable laws. Further, if any of those provision(s) are void, but would be valid if some part of the provision(s) were deleted, the provision(s) in question shall apply with such modification as may be necessary to make them valid.

You confirm that You do not have an employment, contractor, agency, or partnership relationship with Us.

All conflicts/controversies/disputes/differences/claims that shall arise out of or in connection with or in relation to the provisions of this terms of use including its existence, validity or termination during its existence or thereafter shall be referred to a sole arbitrator appointed by the mutual consent of the parties and be governed in accordance with the Arbitration and Conciliation Act, 1996 including any amendments thereon. The decision of the panel of arbitrators shall be final and binding on the Parties. The arbitration proceedings shall be in English, and the venue of the proceeding shall be in Bangalore, Karnataka. Notwithstanding the foregoing, We may seek appropriate interim or provisional reliefs including any injunctive reliefs in any court having jurisdiction over the subject matter thereof to enforce and/or prevent breach of its rights and remedies in and arising out of this terms of use.

This terms of use and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws prevalent in India. You agree that the courts of Bangalore, Karnataka shall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to, this terms of use.