Terms of Service

ABILFREE (hereinafter referred to as ‘Application’) is owned by M/s. Bluemark Software Pvt. Ltd. (hereinafter referred as ‘Owner’). The Application is for creating business networks by sharing and collecting contact details, visiting cards, GPS location from others.

The Application helps the Subscribed Users [refer definition 1(c)] to upload his/her/their visiting cards, contact details, documents, information and GPS location, hereinafter referred collectively as ‘Information’. The Information is shared with the other Subscribed Users along with their respective GPS location around him/her/them. (hereinafter referred to as ‘Services’).

By accessing this Application, the User or Subscribed User or Premium User agrees to abide by and bound by the Terms and Conditions of the Application. The Terms and Conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of the Application by the User or Subscribed User or Premium User. Please read this Agreement carefully. By singing in or logging in the app the user accepts the terms and conditions and by default follows Ablifree Organization in the application. The User or Subscribed User or Premium User is advised to regularly check for any amendments or updates to the terms and conditions from time to time.

The Application reserves the right to modify the terms and conditions of the Service Agreement ("Terms of SERVICE") and Disclaimer without any prior notification. The User or Subscribed User or Premium User is advised to regularly review the Terms of Service. If the User or Subscribed User does not agree with any of the Terms and Conditions and any amendments thereto, the User or Subscribed User must not use this Application and/or Services.

These Terms and Conditions constitute a binding legal agreement between the Owner and User or Subscribed User/s or Premium User/s; and govern legal rights, remedies, obligations and various other terms like limitations, jurisdiction, applicable law etc.

The Agreement between the User, a Subscribed User, Premium User and the Application shall be subject to following Terms and Conditions:-


1. Definitions:


The terms wherever used shall unless contrary, carry the meaning as given under:

a) “Agreement” means the Terms and Conditions contained herein along with any Privacy Policy of any other applications/portals whose links are provided on the Application. It shall also include reference to this Agreement as and when amended, novated, supplemented varied or replaced.

b) “User” means and includes any person who visits the Application to see the various Services available which are displayed on the Application.

c) “Subscribed User” means and includes any person who registers with the Application by downloading the Application from an appropriate store and registering the Application by providing his/her/their required predefined details along with the payments.

d) “Premium User” means and includes any person who is Subscribed User who avails premium facilities by paying.

e) “Technology” means and includes the core competency of a product/service company. It also includes major information like; - Capacity utilization - which is termed as strength of the company in terms of size of team, number of machines and number of orders per month. - Improvement in process and product; - Up gradation of system - It can include adoption of new machines, advance techniques in process, advance manufacturing facilities and increase in team strength as well; - Add patents – A user can add details of patents having Patent Number, Patent Name, Name of Inventors and selecting type of patent; and - Unique technology – It includes the core technology that a user is using in his/her company currently. It may include machinery type, product type etc.

f) “Finance” means and includes the financial status of a company. It also includes following information – - CIN – Company Incorporation Number;
- Fund requirement of the company. User can upload project plan for the fund requirement as well;
- Strategic Alliance is a collaboration possibilities between two companies;
- Cost saving facilities is a methodology which reduces the expenditure of a company; and
- Economic development is financial trend in the respective industry in which user has the knowledge

g) “Offerings” means and includes any type of service or product capabilities which has to be showcased to others and put up by a User or Subscribed User or premium User on the Ablifree Application.

h) “Requirements” means and includes anything that is needed or required by a User or subscribed user or premium user for his business on the Ablifree Application.



2. Eligibility, Registration and Termination:



A User must download the Application from an appropriate store and install on his/her own device. The User may use the Application only once he/she registers on the Application and creates an account to become a Subscribed User.

While creating an account, the User is required to provide his/her/their personal information such as full name, mobile number, e-mail ID, profession, business sector, image of visiting cards or any other business related documents which might be needed for networking purpose. During the registration, while filling his/her/their mobile number, the User will receive a One Time Password (OTP) onto his/her/their mobile number. The User must mention the received OTP number on the verification box on the Application form. Once the OTP matches, the User becomes a registered Subscribed User with a unique user ID.

A Subscribed User can become a Premium User if he avails premium facilities by paying. The Application might request and require the Subscribed User or Premium User to share his/her location based on GPS system. The location will be shared to the Application only when the Subscribed User or Premium User agrees to accept to share his/her/their location. The location of a Subscribed User or Premium User shall not be shared with a third party and shall be kept confidential unless required by law. The Owner does not share the Subscribed Users or Premium Users GPS location with any third party and the GPS location is used only for the Owner’s functionality purpose.

The Subscribed User or Premium User agrees that the Information provided by him/her/them at the time of registration is true, complete and correct and that any change in the Information will be updated to the Owner with immediate effect of the change. If the Information details are found not to be true (wholly or partly), the Owner has the right in its sole discretion to reject the registration and debar the Subscribed User or Premium User from using the Services of the Application and/or other affiliated Applications without prior intimation whatsoever.

The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Subscribed User’s or Premium User account at any time, for any reason, without notice, including when a Subscribed User or Premium User fail to abide by these Terms and Conditions or any other policy or terms posted anywhere on the Application.

The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Subscribed User’s or Premium User account at any time if any Subscribed User or Premium User -

a) uploads pornographic contents/photos/videos/links on the Application.

b) uploads any detrimental or offensive contents/photos/videos/links or offensive comments/photos/videos/links pertaining to religion on the Application.

c) Any content that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable.

The Subscribed User or Premium User may be prohibited from creating a new account if he/she/they has/have been previously terminated as per the above mentioned circumstances or for any other reason whatsoever objectionable by the Owner.

If any Subscribed User or Premium User misuses the details of any other Subscribed User or Premium User then the Owner reserves the right at its sole discretion to terminate that Subscribed User or Premium User’s account and the owner reserves the right at its sole discretion to initiate appropriate legal action against the Subscribed User’s or Premium User.


3. Facilities for Users and Subscribed Users:


The facilities for user are as follows-

a) Exchange your visiting card with nearby business owner.

b) Get analysis of who viewed your business profile.

c) Know who added your visiting card to favourites.

d) Most effective marketing specific to customer industry and city.

e) Publish 2 offerings or requirements per month at any location and/or city per city.

f) Become a member of country level Ablifree Industry Network

g) Save visiting card for offline use and create your in-app contact list.

h) Get notifications of all relevant business events and conferences

i) Share your business profile in just a single click.


4. Facilities for Premium Users:


The facilities for Subscribed Users are as follows-

a) Publish unlimited offerings and requirements per month.

b) Select multiple industries and multiple cities for postings.

c) Publish your offering and requirement in Ablifree Industry Networks

d) Save business cards of nearby people in one click.

e) Get your post featured on dashboard.

f) Get one distant boost per month

g) Get exclusive design for your visiting card.

h) Online and offline support for application but not for any business assistance or purpose


5. Use of Contents and restrictions of Subscribed User or Premium Users:


The Application offers to its Subscribed Users or Premium User various services such as

a) sharing his/her/their visiting cards with other Subscribed Users or Premium User at various locations as per their preference.

b) sharing GPS location with the other Subscribed Users or Premium User and adjusting the radius of visibility on the Application as per the Subscribed Users choice.

The Subscribed User or Premium User agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available on the Application, any content and/or material that is unlawful, unsolicited including unsolicited messages, e-mails, and/or material which contains viruses, trojans, worms, files or software intended to interrupt, corrupt, destroy, limit the use, access or functionality of the Application.

The Subscribed User or Premium User also agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available on the Application, any content and/or material that is harmful, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, abusive, invasive of another person’s privacy, hateful or racially, ethnically objectionable, disparaging or relating to or encouraging money laundering or gambling etc.

The Subscribed User or Premium User agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available any content and/or material which is in violation of patents, trade mark, copyright or any other proprietary rights of other person/people.


6. Privacy Settings


A User or Subscribed User or Premium User can adjust its own privacy settings in the Ablifree application if he/they does not wish to continue with the default settings provided by the application.


7. Notification Settings


A User or Subscribed User or Premium User agrees to receive messages from Ablifree for notifications purpose.


8. Conduct of Subscribed Users or Premium User


The Subscribed Users or Premium User accept and agree that he/she/they are entirely responsible for compliance of all the laws, rules or regulations etc. that applies to Subscribed User’s use and/or access of the Application or Services.


9. Applicable laws and Jurisdiction


These terms shall be governed, interpreted and construed in accordance with the laws of the Republic of India applicable from time to time. The Application and the Subscribed User or Premium Users agrees to submit to the exclusive jurisdiction of courts located in Pune (M.S.) India for any claims, actions, demands, suits, disputes arising out of and/or in connection with Services provided by the Application/Owner. The Subscribed Users or Premium Users shall comply with all applicable local, state, national and foreign laws including laws on taxation relating to use of the Services.


10. Limitation of Liability


To the fullest extent permissible by law, in no event shall the Owner or its employees, group companies or agents be liable for any direct, indirect, special, consequential damages or damages of any other kind incurred by the Subscribed User or Premium User or any third party arising out of the Subscribed User’s or Premium User’s access or use or inability to access or use the Application and/or its Services.

The Information and Services displayed through the Application, the Services may include inaccuracies or typographical errors. Additionally, a possibility exist that unauthorized additions, deletions and alterations could be made by third parties to the Applications. Although the Owner attempts to ensure the integrity and the accuracy of the Application, it makes no guarantees whatsoever as to the correctness or accuracy of the Services, photos/videos/links/brochures or any other documents displayed on the Application including their quality.

The Application tries to ensure that the Information and Services mentioned on the Application is correct, reputable and of high quality, however, it does not accept responsibility if this is not the case.

The Owner or the Application shall not be held liable and/or responsible for any fake identity, fake calls, frauds caused through people through the help of this Application.

The Services provided by the Application of sharing the Subscribed Users or Premium Users contact details with the other Subscribed Users or Premium Users; the Owner will not be held liable or responsible as to who is receiving the Subscribed Users or Premium Users contact details or any other information provided by Subscribed Users or Premium Users.

The Application and/or Owner shall not be held liable and/or responsible for any errors or omissions or for the results obtained from the use of such information or any technical problems the Subscribed User or Premium User may experience from the information and/or Services displayed on the Application.

In any event, the Owner will not be held 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 arising out of, or in connection with, the use of this Application.

The Subscribed User or Premium User expressly agrees that the Application and/or Owner are not responsible and/or liable for any threatening, defamatory, obscene, unlawful, harmful, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The Subscribed User or Premium User specifically agrees that the Application and/or Owner will not be held responsible and/or liable for any content/data sent using and/or included in the Application or Service by any third party/parties.

The Subscribed User or Premium User expressly agrees that the Application and/or Owner are not responsible and/or liable for any dispute arising out of transactions between two users and the liabilities arising out of the aforesaid transactions.

NOTWITHSTANDING anything contained herein, in any event, the liability of the, financial or otherwise, suffered to the Owner of the Application shall be limited to the amount paid by the Subscribed User or Premium User and shall not exceed the sale value.


11. Disclaimer


Every effort is made to keep the Application up and running smoothly. However, the Owner takes no responsibility for, and will not be held liable for the Application being temporarily unavailable due to technical issues beyond our control.


12. Warranty and Indemnification


This Application is provided by the Owner, on “AS IS” and “AS AVAILABLE” basis without express or implied warranty or condition of any kind. The Subscribed User or Premium User will use the Application at his/her/their own risk. The Application disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability.

The details and/or information provided by the Owner make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Application and/or the information contained on the Application for any purpose. Any relation the Subscribed User or Premium User places on such information are therefore strictly at their own risk.

The Subscribed User or Premium User agrees that the Owner is not held responsible or held liable for any transaction between the Subscribed User or Premium User and third party providers of third party applications or Services provided through the Application. No advice or information whether oral or in writing received from the Subscribed User or Premium User of the Application shall create any warranty on behalf of the Application in this regard.

The Subscribed User or Premium User agrees to indemnify, defend and hold harmless the Owner from any suits, claims, losses, fines, penalties, damages, liabilities, demands, expenses including, but not limited to, reasonable legal expenses and accounting fees arising out of and/or in connection with any violation and/or act and/or omission committed and/or alleged to be committed by the Subscribed User or Premium User.


13. Advertisements and Promotional contents


The Owner may promote, advertise goods and/or services of third party on different pages by displaying the relevant material. The Owner of the Application shall not be held liable or responsible for the advertisements or the contents displayed by the third parties.


14. Intellectual Property


The Subscribed User or Premium User acknowledges and accepts that unless otherwise expressly stated, all the content on the Application including, but not limited to, images, graphics, photos, sounds, music, videos, software, script, trade names, trademarks, logos, labels, service marks and/or any other proprietary marks are either owned by the Owner or licensed thereto. No information, content or portion uploaded on the Application shall be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purposes not expressly permitted by Owner. It is the policy of the Application and/or Owner to terminate in its sole discretion, accounts of Subscribed User or Premium User in appropriate circumstances found repeatedly infringing the rights of Owner of copyright, trademark or other intellectual property rights. The Application, its Services and all the content is protected by copyright, trademark and other relevant laws of India.


15. Booking Financial Terms


The Subscribed User or Premium User shall place orders through Ablifree’s mobile Application. The Subscribed User or Premium User is required to purchase the paid facilities in the Application by paying in advance through the payment gateway on Ablifree website or In app payments via subscription models . Once the payment is made successfully by the Subscribed User, he/she/they will receive a receipt of payment immediately.

The Application reserves the right to use third party platform to co-ordinate such payment transaction by the Subscribed Users or Premium User. The Owner shall not be held responsible for loss or damages cost to the Subscribed User or Premium User by such third party/parties.


16.1 Payments, Refunds & Cancellation


Payments:

i) Online Payments can be done by:
Online Payment: Card payment and Net Banking Payment via Easebuzz Payment Gateway can be done at Online Payment link on make payment page.

ii) Problem with an order or payment: Please talk to us on +91 8446009988 or email us at support@ablifree.com .

Refunds & Cancellation:

1. Refunds initiated will be credited to the account/card from where the transaction had initiated.

Terms & Conditions

To avail the services offered under paid subscription at Ablifree app , you must agree to the following terms and conditions:
Please read the term and conditions carefully. While using any current or future services offered by Ablifree , whether or not included in the Ablifree website, you will abide by these Terms & conditions the guidelines and conditions applicable to such service or business.

Privacy Policy

Please review our Privacy Policy, which also governs your visit Ablifree website, to fully understand our practices.

Electronic Communication

When you click any action button on Ablifree or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail, sms or by posting notices on our app. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Prices

All prices posted on the website and application are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do not include convenience fee. In case there are any additional charges or taxes the same will be mentioned on the website.

Payment

Online Payments can be done by:
Online Payment: Card payment and Net Banking Payment via Easebuzz Payment Gateway can be done at Online Payment link on make payment page.

Changes and Cancellation

Changes and Cancellation not allowed.

Refund

Refunds initiated will be credited to the account/card from where the transaction had initiated.

License and Website Access

i) General:
Ablifree grants you a limited license to make use of the premium services of the app. It does not grant you any ownership over the app and its features.

ii) No license for commercial sale:
This license does not include any resale or commercial use of this app or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools.

iii) No reproduction:
This app or any portion of this app may not be reproduced, duplicated, copies, sold, visited, or otherwise exploited for any commercial purpose without express written consent of Ablifree

iv) No framing:
You may not frame or utilize framing technologies to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ablifree without the express written consent.


16.2 Reviews, Comments, Communications, and other content


Nature of content:

Users of Ablifree may post content and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights to otherwise injuries to third party or objectionable and does not consist of or contains software virus, political campaigning, commercial solicitation, mass mailing or any form of spam.

False information:

You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Ablifree reserves the right (but not the obligation) to remove or edit such content.

Rights Granted:

If you do post content or submit material and unless we indicate otherwise, you grant Ablifree a non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensed right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such content throughout the world in any media. You grant Ablifree the right to use the name that you submit in connection with such content if Ablifree chooses.

Right Owned:

You represent and warrant that you own all the rights or otherwise or control all of the rights to the content that you post; that the content is accurate; that the use of the content to supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Ablifree for all claims resulting from the content you supply. Ablifree has the right but not the obligation to monitor and edit or remove any activity or content. Ablifree takes no responsibility and assumes no liability for any content posted by you or any third party.

Site Policies, Modification, and Severability

Please review our other policies. We reserve the right to make changes to our website and app, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions.


16.3 Intellectual Property Rights


Copyright Protection:

All content included on this site, such as text, graphics, logos, button icons, audio clips, digital downloads, data compilations and software, is the property of Ablifree and protected by the Indian Copyright law. The compilation of all the content on this site is the exclusive property of Ablifree and protected by Indian Copyright law. All software used in this site is the property of Ablifree and is protected under the Indian Copyright law.

Trademarks:

i) Protected Marks:
Ablifree , and other marks indicated on Ablifree website are registered trademarks of Ablifree.

ii) Protected Graphics:
All Ablifree graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Ablifree. Ablifree trademarks and trade dress may not be used in connections with any product or service that is not of Ablifree .

Governing Law and Jurisdiction

These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Mumbai, Mumbai shall have jurisdiction, to the exclusion of all other courts.

Disclaimer of warranties and Limitation of Liability

THIS APPLICATION IS PROVIDED BY BLUEMARK SOFTWARE PVT LTD ON AN "AS IS" AND "AS AVAILABLE" BASIS.BLUEMARK SOFTWAREMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUED ON THIS APP. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APP IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Ablifree DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ablifree DOES NOT WARRANT THAT THE APP, ITS SERVERS, OR EMAIL SENT FROM Ablifree ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. Ablifree WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

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