1. INTRODUCTION
Thank you for using our platform (“Platform”) and Services (as defined below) through our mobile application and website (hereinafter referred to as the “App” or “Website”). These Terms and Conditions (the "Terms") are a binding contract between You ("User", "End User", "You", "Customer") and Avasar Works Private Limited ("Company, "we", "Avasar", "our", and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
By accessing and using our Platform, Website or App in any way, including, without limitation, browsing the Website, using any information, using any content, any services, etc., available therein, you agree to and are bound by these Terms of Service. If you do not accept these Terms of Service in full, please cease using our Platform, Website or App immediately, and contact us at hello@avasar.club. You should make sure therefore that you read them carefully before using the product/service. You are not allowed to copy or modify the product/service, any part of the product/service, or our trademarks in any way. You are not allowed to try and attempt to extract the source code of the product/service, and you also shouldn't try to translate the product/service into other languages or make derivative versions.
The product/service itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, belong to Avasar Works Private Limited, the owner of the product/service - Avasar. These terms are subject to change, so we urge
you to keep checking them. These terms constitute an electronic record and legally binding contract between the User and Company as provided in the Indian Contract Act, 1872 and as per the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time. Avasar is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use or access Avasar if you are a minor. We reserve the sole right to make changes to the product/service, at any time and for any reason in the future.
By using the Platform by downloading and installing the app and using the website, you accept to this agreement and agree that
(A) You have read and understood the agreement, and
(B) You accept this agreement and agree that you are legally bound by its terms and the platform privacy policy, referenced herein.
You represent and warrant to us that you will use the Platform in a manner consistent with all Applicable Laws, as defined in Section 2. We reserve the right to refuse access to use the Platform or to terminate access granted to existing user at any time without according any reasons for doing so.
2. DEFINITIONS
In this Agreement, unless otherwise provides, the following words shall mean:
1. “Applicable Laws” means any applicable Indian statutes, laws, ordinances, regulations, rules, orders, by-laws, administrative interpretation, writ, injunction, directive, judgment or decree or other instruments which has a force of law in India, as is in force from time to time;
2. “Confidential Data” means any information related to the User, which the User shares with Avasar or submits on the App and/or Website and the proprietary information relation to Avasar or which the User may have come into possession of or pursuant to this Agreement; and
3. THE PLATFORM AND SERVICES
Avasar, through its Platform, allows a user to directly work on, recommend and share different industries (financial and non-financial) products and services to their own network (“User-Clients”), and allows a user to manage earnings through our Platform (“Services”). All results generated by the Platform are made available on an as-is and
available basis based on the information you provide us.
4. REWARD
User's earnings or rewards for tasks completed shall be based solely on the number & quality of acceptable reports received by Avasar from its clients (advertisers). Avasar is not liable for rewards lost or not credited to the user's wallet due to internet connectivity issues, bugs in the Avasar system, or any other factor. Avasar is not liable to make any payment to the user if the pertinent payment from the advertiser is not received by Avasar. Rewarded coins credited to the user in the Avasar wallet & cash converted from reward coins will expire from the user's wallet if not utilized within 60 days of accrual, in other words, if a user doesn't redeem coins/ cash earned from coins within 60 days of earning them, they will then be expunged from user's wallet.
Mobile recharges or other rewards redeemed by user are completed using a third-party application. Avasar is not responsible for failed or unsuccessful recharge transactions and repayment of the same.
5. LIMITATION OF AUTHORITY
The User shall have no authority to bind, obligate, or commit Avasar in any manner, including by any promise or representation, whether oral or written, unless specifically authorized by Avasar in writing.
6. DISPUTES
In the event any dispute, arbitration, or litigation arises out of, in connection with, or as a result of any act performed by User according to this agreement, or failure to perform, as the case may be, User shall cooperate fully with Avasar to resolve the same. User agrees to indemnify and hold Avasar harmless of and from any and all claims, demands, suits, and liabilities, including costs and attorney's fees, to which Avasar may be subjected because of or in connection with any proceeding arising out of the conduct or omissions of User. It is the policy of Avasar to avoid litigation whenever possible but he decision of whether or not to enter into or maintain litigation shall be the decision of Avasar alone. This obligation shall survive the termination or expiration of this Agreement.
7. TRAINING
Avasar will provide the User with instructions and forms designed to assist the user in completing a task for Avasar, all of which shall remain Avasar's sole property.
8. NON - SOLICITATION
The User will not, on behalf of himself or any third party, employ, or seek to employ any person employed by or engaged by Avasar and its team around the world, or otherwise directly or indirectly induce such persons to leave their employment.
9. CONFIDENTIAL INFORMATION
While User is using Avasar, and thereafter, User will hold in strictest confidence, maintain as confidential, and not disclose to any third party, the following: Any and all information concerning Avasar's present or former customers, including their names and identities, locations and addresses, their employees and representatives, business practices, as well as the information sought to be gathered, and actually gathered, in connection with the services provided by Avasar to its customers; Any and all information concerning Avasar's employees and representatives, as well as any information designated orally or in writing as confidential by Avasar regarding Avasar's sales methods, plans, and records, Avasar's collections on behalf of its customers, all written communications, training and marketing materials, and all other like documents not disseminated to the general public, including computer programs and printouts, as well as any other confidential information regarded by Avasar as a trade secret or otherwise protected from disclosure under applicable law. The user may, in accordance with the foregoing, use such information solely as necessary in the User's use of Avasar.
Our Privacy Policy describes how we handle the personal and business information (collectively “Personal Information”) you provide to us when you use or register on the Platform, the Website or the App. You understand that through your use of our Platform, Website, or the App, you consent to the collection, processing, and use (as set forth in the Privacy Policy) of this information.
Upon your written request, Avasar will provide you with a list of all personal information that we store concerning you within One Hundred (100) days of receiving your request. Also, upon your prior written request, Avasar will delete any such information within sixty (60) days of receiving your request. Notwithstanding this Avasar can deny such requests, reasonably and in its sole discretion if it suspects fraud, misinformation or in any other situation permitted by law. Further, notwithstanding this if you ask Avasar to delete all such information, we will not be able to continue to provide the access to the Website, App or Platform to you.
10. USER DECLARATION
You agree, acknowledge and declare that:
1. you are availing the Services offered on the Platform out of your free will and volition;
2. the amounts invested on the Platform are through legitimate and bonafide sources only and does not involve and is not designed for the purpose of contravention or evasion of any Applicable Laws;
3. you shall review and comply with notices sent by Avasar, if any, concerning the Platform and Services; you shall review the Platform’s Privacy Policy, regularly as may be amended; and
11. RESERVATION OF RIGHTS AND USER CONDUCT
You acknowledge and agree that the Platform is provided for your use. Except to the extent necessary to access and use the Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to the App/Website and the Platform whether expressly, by implication, by estoppel, or otherwise. Avasar, its licensors, partners, and service providers reserve and will retain its entire right, title, and interest in and to the content on the Platform including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You may only access and use Avasar for lawful purposes only. You are responsible for adhering to any and all laws, rules, and regulations that are applicable regardless of any previous knowledge or lack of knowledge about such laws, rules or regulations.
Any content uploaded by Avasar on the application and website is for guidance and education purposes only. Avasar does not hold any liability on the accuracy of the content provided. You are responsible to verify each content before sharing, or modifying it.
Avasar’s rights and protections as stated in these Terms are equally applicable to any internet service provider that it has selected to host Avasar or any related resources.
You expressly agree not to-
1. duplicate, copy, adapt, modify, prepare derivative works based on the Platform to license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit the Platform (excluding any User content);
2. reverse engineer, download, decompile, disassemble, decipher, capture screenshots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Platform or any part thereof;
3. commit or cause to be committed any criminal offense or encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, federal or international law or regulation;
4. upload, post, e-mail or otherwise transmit any content that is unlawful, defamatory, harassing, abusive, invasive of another’s privacy, infringes upon the rights of third parties, harmful, wrongful, or obscene;
5. harm any minors in any way;
6. upload, post, e-mail or otherwise transmit any material, information or content that you do not have a right to transmit under law or contractual relationship;
7. upload, post, email or otherwise transmit any material, information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any other individual, party or entity.
8. disguise the origin of the material, information or content by omitting or obscuring copyright or authorship, or by forging headers or otherwise manipulating identifiers;
9. upload, post, e-mail or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation, such as “junk mail”, “spam”, “chain letters”, or “pyramid schemes”;
10. upload, post, e-mail or otherwise transmit any material, information or content that contains software virus or any other computer code, file or program
that would interfere with the functionality of any computer software, hardware or telecommunication equipment.
11. disrupt the normal communication or otherwise act in such a way that would negatively impact other users’ ability to engage in real-time exchanges;
12. impersonate or claim a relationship with or speak for any individual, business, association, institution, or other organization, including, but not limited
to Avasar for which you have no authorization to do so or to claim such a relationship;
13. interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services and/or this website.
14. collect or store personal data about other users or User-Clients in a manner incompatible with Applicable Laws;
15. stalk or otherwise harass any individual;
16. utilize information, content or any data you view on and/or obtain from the Platform to provide any service that is competitive with us;
17. rent, lease, loan, trade, sell/re-sell access to the Platform or any information therein, or the equivalent, in whole or part;
18. use malware or any other means that impair optimal functioning of the App and/or Website;
19. engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Website or App;
20. attempt to or actually override any security component included in or underlying the App and/or the Platform;
21. engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
22. remove any copyright, trademark or other proprietary rights notices contained in or on the App and on the Platform including those of both Avasar or any of our partners;
23. use any information obtained from the App and/or the Platform to harass, abuse or harm another User;
24. violate the provisions of the Information Technology Act, 2000 and rules and regulations thereunder (as updated) and any applicable data protection laws;
25. host, display, upload, modify, publish, transmit, update or share any information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or infringes any patent, trademark, copyright or other proprietary rights of a third-party or impersonates another person or threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol or threatens critical information infrastructure.
26. post anything on social media which is detrimental to the reputation of the platform Avasar or to its partner brands. In case any violation is found your account will be blocked and earnings frozen.
12. OWNERSHIP, PROPRIETARY INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
You agree that the Platform including the graphics, our trademarks and editorial content contains proprietary content, information, and material, which are owned by Avasar and/or our licensors, including our customers, brands and agencies and partners, and are protected by applicable intellectual property and other laws, including but not limited to copyright. All content and materials available on Avasar, including but not limited to text, graphics, website name, code, images and logos are either the intellectual property of Avasar or under licensed use by Avasar Works Private Limited, and are protected. Any inappropriate, unauthorized, or prohibited use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized.
13. CONTRIBUTIONS TO AVASAR
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Avasar through its suggestion or feedback webpages or on app, you acknowledge and agree that:
1. your Contributions do not contain confidential or proprietary information,
2. Avasar is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
3. Avasar shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide,
4. Avasar may have something similar to the Contributions already under consideration or in development,
5. your Contributions automatically become the property of Avasar without any obligation of Avasar to you, and
6. you are not entitled to any compensation or reimbursement of any kind from Avasar under any circumstances.
14. INDEMNITY
Users agree to indemnify and hold Avasar, its parent company, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees (“Indemnitees”), harmless from any claim or demand, including penalty, reasonable attorney fees and court costs, made by any third party due to or arising out of (i) content submitted by the User, (ii) Users’ use of the service, (iii) violation of the Terms of Service or Privacy Policy, (iv) breach by the user of any of the Terms, representations and warranties herein, (v) the negligence, fraud, or willful misconduct of User, User’s agents, or contractors; (vi) incorrect information provided by User in User’s Account or elsewhere; or (vii) a failure by User or User’s agents, contractors, or invitees to comply with applicable laws and regulations.
15. NO RESALE OF SERVICE
Under no condition, you should collect any money or benefit from any person, including a User-Client on the pretext of providing services through the Resources or using the name of `Avasar` or its affiliates, partners, advisors, directors or employees. In case of breach of trust, you will be liable to return such money to such person or User-Client immediately and indemnify Avasar. Avasar shall have the right to disable your Account with immediate effect.
16. DEALINGS WITH THIRD PARTIES
The Platform may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where these products and services of third parties form part of the Platform, we will endeavor, but are not obliged to, indicate that these products and services are provided by third parties. In all cases, your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Platform (including without limitation providers of products and services, advertisers and other users of the Platform), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Platform, or as the result of the use of the Service in any way by such third parties.
17. LINKS
The Platform may provide, or third parties may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that Avasar has no control over such sites and resources, you acknowledge and agree that Avasar is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Avasar shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource.
18. USER EARNINGS
1. Commissions: Users can earn commissions on our App (“User Earnings”) by providing to their User-Clients, through our App or Platform, services affiliated to or authorized by our Brand Partners. User Earnings shall be reflected and credited to the User’s Account on the App once Avasar receives verified updates (“Update(s)”) from our Brand Partners or financial institutions to credit such User Earnings to a User’s Account on the App. If Avasar doesn’t receive the Update from the Brand Partners, it shall not update User Earnings. Under no circumstances can Avasar be held liable for any deficiency in the User Earnings or the non-payment thereof if such a claim arises from the non-receipt of an Update as required by Avasar.
2. Transfer of User Earnings: Users must register a bank account or UPI on the App or Platform and verify the same using OTP verification. Users can transfer all their accumulated User Earnings, in whole or in parts, to their registered bank account or UPI by raising a request on the App (“Transfer Request”). The transfer of User Earnings to the registered bank account or UPI of the User shall happen within 24-48 hours of the Transfer Request. Once the Bank Account or the UPI Id is verified by the user, it is the user’s responsibility to make sure that the Bank Account or UPI Id verified is the correct account detail where the user wants to transfer their earnings. If a wrong account is added by the user, Avasar will not be liable for any such mishandling. It will be upon the user to recover such earnings.
3. Failed Transfer Request: Any Transfer Request that has been initiated by a User, who has not registered a bank account with the App or Platform or has provided invalid bank account details and KYC details or has not updated their valid bank account details on the Platform or App, shall automatically fail.
4. Limitations: A User must initiate a Transfer Request to a valid and registered bank account no later than three (3) months from when that User Earning was updated or credited to their User Account on the App. Any User Earnings, for which either no Transfer Request has been initiated or there have been no valid bank or KYC details shared with the Platform for a period exceeding three (3) months, shall be deemed “Unused Earnings.” All Unused Earnings are subject to being rolled back or debited from the User’s Account on the App at the sole discretion of Avasar.
19. AVASAR COINS
1. Avasar Coins is part of the Rewards Program launched by Avasar that focuses on value creation for Avasar Partners in terms of experience and incentives.
2. Avasar reserves the right to carry on Rewards/Loyalty programs and promotions from time to time & Avasar’s decision on its reward policy at any given point of time will remain final.
3. Avasar User will now be able to earn Avasar Coins (virtual currency of Avasar) along with their usual earnings from the application. These Avasar coins will have multiple use cases within the Avasar application that would focus on delivering higher value to the users.
4. Conversion Ratio of Avasar Coins to Rupees is 10% (i.e. 10 Avasar Coins is equal to 1 Rupees). In other words, earning 2000 Avasar Coins is equivalent to earning ₹200. This may be subject to change. Any changes will be reflected in the Wallet Section of Avasar Website or App
5. Earning Avasar Coins
1. Payout: Payout equivalent Avasar coins will be earned at each successful task completed i.e. if a Avasar Partner earns ₹2000 by selling a credit card, he/she will also earn 20000 Avasar Coins.
2. Referral: 25 Avasar Coins will be earned on successful referrals (Avasar Coins will be awarded when the referred Avasar Partner completes registration on app and successfully completes and earns from at least one task ). This is subject to change. Any changes will be mentioned in the Refer and Earn section of the App and Website.
6. Redemption Avasar Coins
1. Transfer of Coins: All coins earned can be transferred to the Money Wallet for redemption to the bank account. A user has to earn a minimum of 100 coins to be able to transfer to the Money Wallet. This might be subject to change. Any changes will be reflected in the Wallet Section of the Website and App.
2. Avasar Coins have an expiry of 3 months
3. Avasar reserves the right, at its sole discretion, to change the Rewards and modify any terms, features, or discontinue the Rewards Program without any prior written notice. Please refer to your Avasar android application, section “Referral Income” to review the latest Reward/Loyalty Program.
4. Avasar reserves the right to suspend any account and claw back all past, current and future earnings from Avasar in case of willful misconduct, gross negligence, indecent behavior, customer complaint, charging money from customers, indecent behavior towards any Avasar employee, contractor or sub-contractor, any other fraud or potential fraud by the
agent.
20. TERMINATION AND LIMITATION OF LIABILITY
Either party may, at any time, terminate this Agreement for any reason or for no reason at all. However, each shall continue to comply with any and all obligations of this
Agreement that are intended to survive its termination or expiration. Once the user terminates this agreement between the user and Avasar, the user will not be allowed to
use the services of Avasar. Continue use of Avasar means that the user has accepted these terms and the User shall be bound by these terms.
In case of any fraudulent activities detected from your end to disrupt, manipulate or hinder the right usage of Avasar & its services, the company holds the right to terminate
your access to the product without notice.
In no event shall the Company, nor any of its officers, directors, affiliates, employees, agents, and consultants, be liable to you for anything arising out of or in any way connected with your use of Avasar, whether such liability is under contract, tort or otherwise, and Company, including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of Avasar.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
User understands that in the event of termination or expiration, User will receive the balance recharge due to User for tasks that Avasar has deemed acceptable. Avasar and User shall deal with each other fairly and in good faith relative to this Agreement.
User further understands that if User has participated in any incentive promotion pursuant to which User may be entitled to a bonus, trip, or any kind of award/ rewards,
User will not be entitled to the same if it was not actually received prior to the date of termination. Avasar may terminate User accounts without prior notice if any suspicious activity is found which comes in the way of the natural or intended functioning of Avasar.
Avasar may terminate user(s) account(s) if the user is found to be indulging in promoting their Avasar referral links or any other codes on Facebook, Google Play, or any other public properties along with misleading or spammy communication of any nature. Termination of user accounts will be at the sole discretion of Avasar.
21. BREACH OF AGREEMENT
User understands and agrees that any breach or threatened breach by User of the non-competition and non-disclosure provisions or any other provision contained in this Agreement will cause Avasar substantial, irreparable harm which is difficult to measure, and that Avasar, therefore, may obtain an injunction against such conduct and User consents thereto. This right is in addition to any other rights Avasar may have against User for breach of this Agreement. Therefore, whenever Avasar may apply for a restraining order or injunction against User for breaching or threatening to breach this Agreement as described above, User waives any notice to which User may be entitled and consents to such restraining order or injunction. If Avasar proceeds against User in the state court for Uttar Pradesh/ Delhi, or the Indian High Courts/ Supreme Court situated in or closest to said area of Noida, on any cause of action arising out of this Agreement, User agrees that such court may exercise personal jurisdiction over User. In the event of any breach of this Agreement by the User, the User agrees to pay Avasar all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.
22. MISCELLANEOUS
The Avasar services are available only to and can only be used by an individual who can form legally binding contracts as per the prevailing laws in India. The term individual shall only include a living person and does not include all other legal creations. The services are not available to minors under the age of 18 or to any user suspended or removed from accessing Avasar for any reason. Each notice to either Avasar or User required hereunder shall be in writing and emailed to the addresses provided by the parties unless and until any such address is changed in writing. Avasar and User shall exercise their best efforts to communicate to the other any such change in address.
Such notices shall be deemed given when mailed by certified mail, return receipt requested. Any written notice may be personally delivered, but personally delivered notices shall be deemed given on the date of actual receipt. This Agreement contains the entire understanding and agreement between the parties and supersedes all prior written agreements, understandings, and negotiations, both written and oral, between the Parties. Avasar reserves the right to make changes to the Site, related policies, and agreements, the terms of services, and the Privacy Policy at any time without prior notice to the user. Avasar may assign this Agreement to any successor to all or part of its business or any parent, subsidiary, or an affiliated company. The User may not assign these Terms, or any part thereof, without Avasar's written consent.
These terms contemplate the creation of a relationship of independent contractor by and between Avasar and end user; with User as Contractor, and Avasar as Contractee.
Nothing herein is intended to create, nor should be construed as creating, the relationship of employer and employee.
These terms shall be governed by and construed in accordance with the laws of India without regard to conflicts of laws principles. The Court of Noida (Uttar Pradesh-India) shall have the exclusive jurisdiction pertaining to any matter arising out of this agreement. If any provision of this Agreement is declared invalid under such laws, the validity of the other provisions shall not be affected thereby and that part shall remain enforced. Furthermore, the User agrees to abide by all local, state, and national laws where applicable while serving in the capacity of Independent Contractor/ User to Avasar. It shall be the user's responsibility to read and understand the terms and conditions of the agreement and privacy policy updated from time to time and the Avasar shall not be responsible for any failure therein on the part of the user. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind the Company in any respect whatsoever.
CAMPAIGNS In respect of any campaigns running, to run or to be executed in
the future or not to be executed on the Avasar platform:
● It will be based on the sole and absolute discretion of Avasar to run or not run a campaign or use complete/ partial information from the campaign as provided to Avasar.