Terms of Service of Intelligent Community Management Private Ltd.
Thank you for selecting the Services offered by Intelligent Community Management Private Ltd. and/or its subsidiaries and affiliates (referred to as "ICMConnect", "we", "our", or "us") provided to you on this website and/or mobile apps, including content, updates and new releases, (collectively, the "Services"). Review these Terms of Service ("Agreement") thoroughly. By accepting electronically (for example, clicking "I Agree" or "Login"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of ICMConnect Services. It includes by reference:
The contents of ICMConnect Services do not constitute advice and should not be relied upon in making or refraining from making, any decision
Change of Use
ICMConnect reserves the right to:
- change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that ICMConnect shall not be liable to you for any such change or removal and
- change these Terms and Conditions at any time, and your continued use of the Services following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Websites
ICMConnect Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
No resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the Service, or access to the Service.
ICMConnect reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). This will take place with notice and adequate time given to you, so that you may retain the information assets created by you on ICMConnect. Beyond the time given, you agree that ICMConnect shall not be liable to you or to any third party.
ICMConnect Proprietary Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by ICMConnect, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. You also agree not to extract the code or reverse-engineer it in anyway. Any attempt at hacking or unlawful use of ICMConnect can and will invite the maximum prosecution allowable under the law.
Use with Mobile Device
Use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider. ICMConnect MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO.
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES
ICMConnect is licenced on a periodic subscription basis, as selected by you or your organization/association/service provider.
Trial Version and Beta Features
If you registered for a trial use of the ICMConnect ("Trial Period"), you must decide to purchase ICMConnect subscription , at the current rate, within the Trial Period in order to retain any Content that you have entered through the ICMConnect Services, created within ICMConnect Services, posted or uploaded during the Trial Period. If you do not purchase a subscription by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the ICMConnect Services during the trial period, if you decide not to purchase the subscription of the ICMConnect Services, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.
From time to time, ICMConnect may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the ICMConnect Services for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and ICMConnect is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
Your Personal Information
You acknowledge and agree that in order to provide you with access to and use of the ICMConnect Services, ICMConnect may provide your access information and account data to (i) your managing committee or facility management agency or organization who is identified in the registration data as the current system administrator for your account (the "Current Administrator"), and (ii) such other committee membr or employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by ICMConnect to effectuate such replacement. Any other person You identified as an authorized user of the ICMConnect Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.
You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant ICMConnect a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services to offer you the Services. ICMConnect is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
- Except as permitted by ICMConnect in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally belonging to you and without permission from the copyright owner or intellectual property rights owner.
The Services may include community forums or other social features to exchange Content and information with other users of the Services and the public. ICMConnect does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which ICMConnect is not responsible.
ICMConnect may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect ICMConnect or its customers, or operate the Services properly. ICMConnect, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
ICMConnect may freely use feedback you provide. You agree that ICMConnect may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant ICMConnect a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to ICMConnect in any way.
You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact ICMConnect if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
The Website and/or Software Application is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to
the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, ICMConnect will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
ICMConnect makes no warranty that the functionality of the Website and/or Software Application will be uninterrupted or error free, that defects will be corrected or that the Website and/or Software Application or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Limitation of Liability and Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ICMCONNECT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE APPLICATION DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, ICMCONNECT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING. (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, HUMAN ERRORS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE. THE ABOVE LIMITATIONS APPLY EVEN IF ICMCONNECT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF ICMCONNECT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold ICMConnect and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). ICMConnect reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by ICMConnect in the defense of any Claims.
ICMConnect may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you have not made payment against the invoices that are due. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect ICMConnect's rights to any payments due to it. ICMConnect may terminate a free account at any time. This section will survive and remain in effect even if the Agreement is terminated.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.