Terms and conditions

The Terms and conditions govern your use of CollarCheck and outline the rules and guidelines you agree to when you create an account and use the platform. By accessing or using CollarCheck, you agree to these terms. Some important points include:

TERMS AND CONDITIONS
THESE TERMS OF SERVICE AGREEMENT (“AGREEMENT”) is made effective between M/s. Collar Check Pvt. Ltd. and you (either as an individual, a single corporation, or other legal entity that utilizes applicable Software) ("USER"), and shall be effective from the date of the present EULA Agreement on the date set forth below (“EFFECTIVE DATE”). This Agreement shall be made effective on & from the day it is first uploaded, published and made available on public domain on the official portal of M/s. Collar Check Pvt. Ltd.; and every User availing of the benefits of M/s. Collar Check Pvt. Ltd. shall be deemed as having constructive notice of its terms, NOTWITHSTANDING anything to contrary or inconsistent. This Agreement, as a whole, constitutes a Click Wrap Agreement, contents whereof; AND the terms and conditions governing contents and usage thereof (as defined by Article (1.13) of our EULA) stand binding on acceptance. These Terms of Service govern your use of our Intermediary Platform and outline the rules and guidelines you agree to when creating an account on our platform. By accessing the same, you acknowledge that:
The terms set forth under; and constituting this Agreement shall be in addition to the EULA, Data Privacy Policy Agreement; Data Retention Agreement; as well as the Data Mining & Sale Agreement published on our website. The terms set forth and constituting this Agreement shall be also deemed to cover all our affiliate concerns having a direct, substantial or remote relationship with, or otherwise affected by terms and conditions of this Agreement.
1. GENERAL
1.1 These Terms of Service (hereinafter referred to as “TOS” or "Terms" for intents and purposes of brevity) wholly govern the scope, extent and the usage of the mobile application version of our website portal including all services provided through our Mobile App and our website as well.
1.2 In addition to these Terms, the Privacy Policy which is available on our website details your and our respective contractual rights and obligations in connection with applicable data protection laws, including, but not limited exclusively to Information Technology Act, 2000; Data Protection Act, 2023 & Indian Contract Act being a few legislations in particular regarding processing of your sensitive personal data apply to these Terms & Conditions.
1.3 Notwithstanding the requirement for a valid consent to processing your personal data under our Privacy Policy, you must be at least 18 years old (minimum age) to use our Paid Services. If a minor (a person reaches majority at 18 under India law) uses the Paid Services offered by our Mobile App, we provide the services on the basis of the deemed consent of their parent or guardian, both to these Terms and to the use of our App. Such consent is obtained when an account is created prior to first use of the app. The parent or guardian takes full responsibility for the minor's use of our Mobile App’s paid services and in no circumstances are we to be held liable for any misrepresentations of majority by a minor intending to make use of our application, or for availing of any services.
1.4 Unless repugnant to intent of these Terms & Conditions, and save as otherwise provided for, the expressions:
- a. “MOBILE APPLICATION” shall mean the Mobile Application developed & marketed by us, the usage of which is exclusively availed of by you for the purposes therein set forth
- b. “USER” shall mean a user of our Mobile Application being seized of majority age at the time of creating of an account with our App;
2. SCOPE OF APPLICATION AND AMENDMENTS TO THESE TERMS
2.1 By using the App’s Services, you agree to these Terms and agree further to be bound by the contents set forth in material particulars under this contract.
2.2 We will always ask for your consent to material changes to these Terms if they affect any Paid Services. Material changes are changes to the type and scope of the contractually agreed Paid Services, or the duration and termination of the contract. However, this does not prevent us from improving our services or including additional features or services within the scope of our Paid Services.
2.3 We may make non-material amendments to these Terms at any point of time{please specify what constitutes non-material amendments}. We may implement non-material changes{please specify what constitutes a non-material change & how it differentiates from a material change} without notice or stating further reasons. There are no oral or written side agreements under these Terms.
3. DISCLAIMER
3.1 The Services offered by our Mobile App are not intended to provide any form of professional advice tailored to meet your individual specific requirements. For professional advise, including legal advice that addresses your specific, individual needs, you are advised to consult a qualified professional.
3.2 When using our App Services, you agree to use the respective service only for the intended purposes as described in these Terms.
3.3 We are no substitute for a consultation with your service provider, and the use of our App Services is for informational and awareness purpose.
3.4 When using our application, you agree to use the services therein provided for your exclusive use and in no way shall M/s. Collar Check Pvt. Ltd. be held liable for any injury, loss or damage caused to you & arising out of usage of our website, or mobile version thereof in a manner or form inconsistent with, or contrary to the intendment, tone or tenor of these Terms & Conditions governing these Presents.
4. GENERAL SCOPE OF SERVICES, & PREMIUM FEATURES OF OUR MOBILE APPLICATION
4.1 Our Mobile Application is designed and programmed by us to provide general information about related topics. The app collects the data you enter, This data allow statistical and algorithmic data processing that can show you pattern which might not always be accurate.
4.2 Our App is a self-management app. This means that our App’s services are based on the data that you provide, so the information and analysis available in the app depends on the amount and accuracy of the inputs you choose to record. We cannot be held responsible for any omissions, negligence or inadvertent errors on your part in recording your personal data, by which error, omission, negligence or inadvertence causes our App to display erroneous results due to your fault.
4.3 Our App offers some functions and content free of charge as of now while access to more extensive functions and content might be paid. The basic app can be acquired free of charge from the relevant app store (if you have an iPhone, the Apple App Store, or if you have an Android phone, the Google Play Store).
4.4 In order to help us continue to provide the Services, we reserve the right to display advertisements on our website or in our app from time to time. We may also offer the opportunity to donate via the website or app, so that you can support our services and mission and contribute to the growth of our App in long run.
5. CREATING AN ACCOUNT
5.1 To use our App, you need to create an account. This requires an acceptance of these Terms and consent to data processing under the terms of our Privacy Policy, including all documents, declarations and consents included therein by reference. Furthermore, you will need to provide a your name, email address, and a mobile number D.O.B. Marital Status, area of residence etc. In addition, you can provide other information as part of your onboarding, in order to personalize your experience with our App from the very start itself.
5.2 When you create an account, you assure that all of the information you provide is correct and complete and you give your consent to analyse the data for the results you may require to see accordingly. You further acknowledge that you are above eighteen years of age, of soundness of mind & have not misrepresented, falsified or withheld any relevant information at that time of creation of your account; and all representations herein made by you are accurate.
6. PLUS AND PREMIUM FEATURES (TOGETHER, THE "PAID SERVICES")
6.1 Within the free App, we offer certain features and enhanced functionality as Paid Services. These are referred to as Plus and other Premium Features. These services are generally tied to a subscription, i.e. the regular purchase of the services over a fixed period of time for a specific fee.
6.2 Features change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that aren't working out as planned. The features and content contained in different Paid Services may differ by country and language. The applicable price offer is shown in the relevant app store (Apple App Store or Google Play store) and on the buy screen in-app prior to purchase.
6.3 The Paid Services are might be available on a subscription basis. Therefore, you will be charged once in the duration period of your subscription (for instance per month or per year, based on the type of service you intend to use). Our subscription will automatically be renewed for an indefinite time at the end of your initial subscription period, unless we or you have cancelled your subscription or disabled auto-renewal or you have concluded a new contract with a new initial subscription period with us.. If payment cannot be collected, we will be entitled to block access to the relevant Paid Services.
6.4 You agree to provide current, complete and accurate purchase and account information for all purchases made for Paid Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will be responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of our App’s Services.
6.5 By agreeing to these Terms, you acknowledge and agree that you have the financial responsibility for all the Paid Services purchased with your account.
7. YOUR RIGHTS AND DUTIES AS A USER
7.1 You shall not cause to transfer, assign, remise, relinquish or release, whether in whole or in part, your user account to any third parties, whether or not related to you under the terms of any private contract, understanding, agreement or arrangement as long as you use our Mobile App. You shall only use our Mobile App for your own private purposes, and pursuant to the terms governing our Privacy Policy & these Terms and Conditions. Furthermore, you are not permitted to• make the access data sent or used for authentication and identification available to third parties or to pass them on to third parties, nor to• bypass the access control systems of paid services or to take other measures in order to use services without authorization; nor to• remove or obscure copyright notices and/or notices regarding trademarks or other intellectual property rights of our App, companies affiliated with us or third parties; nor to transfer or assign rights or obligations under these Terms to third parties without our consent, at any point of time upon creation of an account with our Mobile Application, subject to terms governing this Agreement;
7.2 When using the Mobile App and services provided through the app, you must observe your contractual obligations with third parties, in particular your internet access provider and the relevant app store operator.
7.3 For the best experience of our App’s Services, you must regularly update your operating systems and the version of our App on your device. It is also possible that certain activations may be required to make full use of the service. From time to time, our App may automatically download and install updates and upgrades without specifically informing you. These updates are intended to technically improve and/or enhance the software and service. You agree that we may implement such updates as part of your use of our App’s Services.
7.4 You are only entitled to a right of legal or equitable set-off insofar as you may have legally established a counterclaim against us, or we do not dispute such counterclaim. A right of retention arises only if and insofar as the counterclaim is based on the same contractual relationship.
8. COPYRIGHT AND TRADEMARK
8.1 All of the content that we make available within our App or on our website is subject to Indian copyright and trademark law unless otherwise indicated. The reproduction, processing, distribution and any form of commercial exploitation of the content, services and software requires our written consent.
8.2 The use of the services (and/or the provision of input information) does not give you any legal rights, titles or legal interests in our services or software at any point of time. The service and software are protected by copyright law, trademark law, intellectual property rights and other applicable laws.
8.3 Our App is a copyright protected software program within meaning of the Indian Copyright Act, 1957. This means that You as a user of our app are granted a simple, non-exclusive, non-transferable and revocable right for personal use. You are not entitled to decompile, change or edit the App beyond the extent permissible by law. You are not permitted to lease, rent or otherwise transfer the app and/or its contents.
8.4 The commercial use or retransmission of the Services offered by our App is prohibited. In particular, you may not copy or publish any part of our App or the website version of our App without our express or explicit permission in writing; and any form of copying or publishing of our App, whether in whole or in part, and whether directly or otherwise, may render you liable for offence of digital data piracy and subject you to initiation of prosecution for the same from our side.
8.5 We use anonymous information from your usage of our App’s Services so that we can continue to improve them and for scientific research. We process personal information for these purposes also, as set out in detail in our Privacy Policy which you also consent to when you create an user account and use our App.
8.6 In addition to the above terms, you agree that by creating an account and using our App, you grant us permission to use your anonymous information to improve our App’s Services for all users and advance scientific research.
9. LIABILITY
9.1 The content that we provide through our App’s services has been compiled with the greatest care. However, we cannot accept any liability for the accuracy, completeness and updation of the content. We are also in no way responsible or liable for the content you track or otherwise provide in the App ("user content"). You are solely responsible for the security of your personal user content, including updating the same in circumstances you deem fit. Save as, or except to a extent required by law, we accept no liability for the deletion, damage or failure to store user content maintained or transmitted through the use of our App’s Services.
9.2 When you use our App’s Services, you do so expressly at your own risk. The descriptions of our different services - whether the basic free versions of our App, including its paid versions, or other Premium Services - are not subject to any guarantees, warranties or representations. We give no guarantee that any of our services can be used to achieve a specific aim, such as correct prediction of of your requirements, or that our App’s outputs are complete and accurate.
9.3 We expressly point out that employment-related recommendations provided in context of our App’s Services are general and suggestive in nature & aimed at users who are seeking employment or a job change. We give references to published research and other sources wherever possible, so that you can find out more and evaluate the information for yourself. If you choose to follow any such general recommendations, you do so at your own risk & peril. If you have any doubt as to whether this is appropriate for you, please consult a professional. We do not take any responsibility for the accuracy of the contents published in our website with respect to guaranteeing employment and the like as we are an intermediary platform only under the Information Technology Act whose main function is to connect potential employers and jobseekers only.
9.4 Any liability in respect of contractual or other claims made by you as a user depends on the merits of the case and extends only to actual damage suffered:
- (A) which we, our legal representatives or vicarious agents have caused intentionally, recklessly and/or by gross negligence in course of our contractual & fiduciary duty towards you as a service provider;
- (B) from injury to life, body or health resulting from a breach of duty by us or one of our legal representatives or vicarious agents,
- (C) in cases of liability under the Indian Contract Act, due to us having given a guarantee or due to fraudulent misrepresentation, and
- (D) which has arisen due to the breach of a fundamental obligation, the fulfilment of which is of fundamental importance to the proper execution of the contract, and which you are entitled to rely on and in fact regularly rely on , or under Indian law as a statutory obligation)
9.5 We are liable without limitation in the above-mentioned cases (a), (b) and (c) of the preceding paragraph. In all other cases, liability shall be limited to the reasonably foreseeable damage under these terms.
9.6 In cases other than those specified in Articles (9.4). and (9.5). and notwithstanding the following paragraph, liability on our part is excluded irrespective of the legal grounds.
10 CONTRACT DURATION, TERMINATION, REFUNDS
10.1 We may terminate the this contract at our sole discretion & without further notice, subject to following provisions.
10.2 The Paid Services run for the agreed (initial) term. At the end of the term, the contract is automatically extended for an indefinite time period, unless you or we terminate it before the end of the agreed term or you conclude a new contract (with a new initial term) with us.
10.3 The statutory right of both contracting parties to terminate the contract for good cause remains unaffected. Good cause for extraordinary termination of the contract is, for example, deemed to exist if the continuation of the contractual relationship until the end of the normal period of notice is unreasonable, given all circumstances of the individual case and the interests of the user. Good causes for us to exercise this right of termination include, in particular, if you breach applicable law, obligations under these Terms, or obligations under your contract with the Apple App Store or Google Play Store (or if your actions would cause us to breach our contracts with the Apple App Store or Google Play Store).
11 OTHER PROVISIONS
11.1 We endeavour to ensure that our App operates without disruption and is available to the greatest extent possible, but we point out that complete and uninterrupted availability is not technically feasible. We therefore do not guarantee disruption-free operation or a specific level of availability. In particular, we may restrict access without providing reasons – in whole or in part, temporarily or permanently. In addition, no claims shall exist regarding the maintenance of individual functionalities of the App. We are entitled at any time to change or remove content, services and functionalities that are provided within the app and to make new content, services and functionalities available or to discontinue the App entirely; this includes pay-walling all or certain services that were previously free of charge, as well as their partial or complete discontinuation.
11.2 We are entitled to transfer the rights and obligations arising under a contract to a third party. Should we wish to transfer the rights and obligations under these Terms, we will inform you in writing about the transfer; you are then entitled to terminate or rescind the contract at your option. The notice of termination must be in writing and reach us within 14 days of you receiving the notification of transfer.
12 GOVERNING LAW:
12.1 Notwithstanding anything to the contrary or otherwise provided for, it is expressly clarified that all disputes, civil or otherwise, arising out of the application, construction, execution, scope or validity of any part of this Policy shall be governed by Indian laws.
13 JURISDICTION:
13.1 To extent permissible by law, all disputes arising under these Terms shall be heard in the courts of our registered place of business in India, that is to say New Delhi, India. Notwithstanding the foregoing, we are also entitled to sue you under these Terms in your place of domicile.
13.2 If individual provisions within these Terms are, or become invalid or unenforceable by change of law such as, but not limited to (a) amendment, modification, repeal or substitution of an Act of Parliament, or; (b) the pronouncement of a decree, order or judgement of any Court of Justice in exercise of its original or appellate jurisdiction on any matter touching upon these Presents, the validity of the remaining provisions shall not be affected.
13.3 Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the contracting parties had pursued with the invalid or unenforceable provision. The above provisions shall also apply in the event that the provisions prove to be incomplete.
14. MISCELLANEOUS
14.1 We may use professional translators and proofreaders to translate all of our content (on the app and website) and communications, including these Terms, as accurately as possible into those languages in a manner consistent with our user requirements. However, please understand that we cannot assure 100% accuracy for all of our translations, in particular with respect to any legal content. Please note that the English version of these Terms is therefore the original version, which prevails over all other versions in the event of deviation from the English original. The most up-to-date version of these terms is always available in English on our website.
14.2 HOW TO EXERCISE YOUR RIGHT OF REVOCATION?
14.2.1 As a company headquartered in India, the consumer protection laws of India apply to you as our customer no matter where you live. Since our services are directed exclusively at users who are consumers of our services, Indian law gives you a right to cancel this contract without penalty within 14 days of its conclusion. No refund will be provided for set period
14.2.2 If you have purchased our service via an app store (such as Google Play Store or Apple App Store) please use the procedures provided by the respective app store for the revocation and reimbursement of your purchase. If you have purchased our service via our web subscription, please use the procedures provided by our payment provider, for the revocation and reimbursement of your purchase by contacting us directly via email.
15. RIGHT OF REVOCATION
You have the right to revoke this contract within fourteen days without providing any reasons. The revocation period (cancellation period) is fourteen days from date when you entered into the contract.To exercise your right of revocation, you must inform us by email, or contact Support from within our App) of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send us notification regarding your revocation of the contract before the end of the revocation period.
16. CONSEQUENCES OF REVOCATION
16.1. If you revoke this contract, we shall reimburse all payments we have received from you, including delivery charges (other than any additional charges resulting from your decision to select a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
17. FURTHER INFORMATION
17.1 In the case of a contract for the provision of services, the following applies: If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.
18. CONTRACT DURATION, TERMINATION, REFUNDS
18.1 In relation to the free service available on our App, you may terminate the contractual relationship with us at any time by deleting your account in accordance with the instructions in the app. We too may terminate the contract at our sole discretion and without further notice, subject to the following provisions.
18.2 The Paid Services run for the agreed (initial) term. At the end of the term, the contract is automatically extended for an indefinite time period, unless you or we terminate it before the end of the agreed term or you conclude a new contract (with a new initial term) with us.
18.3 The statutory right of All contracting parties to terminate the contract for good cause remains unaffected. Good cause for extraordinary termination of the contract is, for example, deemed to exist if the continuation of the contractual relationship until the end of the normal period of notice is unreasonable, given all circumstances of the individual case and the interests of the user. Good causes for us to exercise this right of termination include, in particular, if you breach applicable law, obligations under these Terms, or obligations under your contract with the Apple App Store or Google Play Store (or if your actions would cause us to breach our contracts with the Apple App Store or Google Play Store).
19. UPDATES
19.1 This Agreement may be updated from time to time. The “Last Updated” date at the bottom of our website page will provide the exact date & time on which updated version of this Agreement was uploaded on our platform.
20. MISCELLANEOUS
20.1 For matters not expressly provided hereto, the provisions set forth under the Indian Contract Act; Information Technology Act, 2000; the Digital Personal Data Protection Act, 2023 & other laws in force shall apply.
20.2 All Policies, Terms, Conditions, Agreements, etc are subject to change without any prior notice, approval, claims, etc. and shall be applicable.
21. CONTACT
20.1 If you have questions or concerns regarding the contents of our Privacy Policy, Terms of Service or this Agreement, or if you need assistance in managing your account, please contact us at support@collarcheck.com for redressal of your grievances.