About these Terms. These terms and conditions (“Terms”) is your agreement in capacity as a parent (“User” or “Parent”), with Nischint Technologies Limited (the “Company” or “we/us”) in respect of remotely accessing and using the Nischint website available at www.nischint.com and control panel (“Platform”), the Nischint client Software and Nischint online filtering and monitoring services, including any upgrades and any other software or documentation (together referred to as the “Services”).
Your Agreement. The Platform and Services are available to Parents and for personal use only. You must be older than 18 years of age to register for Nischint account. By using the Platform and Services, you agree to be bound by these Terms. Please read thee Terms carefully as they affect your rights and liabilities under the law. Breach of any part of the Terms may result in legal consequences and immediate suspension or termination of your Nischint account.
Amendments. We may update the design, outlay and/or configuration of this Platform and Services including these Terms including those policies linked to these Terms from time to time for operational or any other reasons we think necessary without any prior notice. Any changes will be notified via your registered e-mail address or via a suitable announcement on the Platform. The changes will be deemed to have applied after we have given notice. If you continue to use the Platform after the date on which the change comes into effect, your use of the Platform indicates your agreement to be bound by the new Terms. If you do not wish to accept the new Terms you should not continue to use the Platform.
Registration. To register, you must create an account by completing the registration form with your details (email and name) and agreeing to these Terms. A verification email will be then sent to you. The passwords are confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorised use of your Account or any other breach of security known to you. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the Services in accordance with these Terms. You must bear the risk associated with the use of the Internet.
Platform and Services. Our Services aim at parental control that offers the ability to remotely analyse the use of your child’s mobile device(s) and computer(s) that are connected to the internet. This includes a service for monitoring and storing online activity reports and content of communications, in particular social networks, and for blocking certain categories of sites, at the option of the Parent. Through the Nischint Platform and Services, we enable registered Users to access and use of Services. Nischint provides a dashboard on the Platform for enabling Parents to configure the level and degree of filtering and monitoring of the computer/s associated to the account, and Parents are SOLELY RESPONSIBLE for how such dashboard controls are configured and the processing of personal data as a consequence, including its collection, storage and analysis on the Platform.
Software. You undertake that you will not or allow third parties disassemble, decompile, or reverse engineer Software included in the Services. The Software is subject to applicable laws and regulations. You must comply with all domestic and international laws and regulations that apply to the Software.
Your Compliance. You agree to use the Platform and Services in accordance with these Terms and all applicable law. You may use the Platform and or Services only if you can or have capacity to form a binding contract with us as a Parent and you are not a person barred from receiving Services under your local laws. In particular, you will use the Services in compliance with all applicable laws and regulations as to privacy, protection of personal image, honour and reputation and the integrity and protection of minors. Any unauthorised use of the Platform and Services will result in immediate and automatic termination of these Terms and legal proceedings.
You must ensure that the details provided by you on registration or at any time are correct and complete. You will not provide any false personal information and will not create an account for anyone other than for your child. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
Term. The account shall be activated and remain in force unless terminated by either us or you. You may cancel your account at any time. All cancelations should be addressed to: email@example.com. We may suspend or cancel your registration immediately if you breach these Terms, by written notice. We may provide you 30 days’ notice of termination in any other circumstance. On termination for any reason, your access to your account and all of its content will be disabled and your content deleted, except as maintained in backups for legal or regulatory purposes only. In addition, we reserve the right to terminate our agreement with you if the provision of the Services is, in our opinion, no longer commercially or otherwise viable or your account is inactive for more than 1 month (in this latter event, we will provide you 15 days’ notice of termination, sent to your registered email address).
User Content. The Platform stores and analyses information transmitted from the computer or devices where the Software is installed, about local and online activities such as usage of applications, searching, social networks, browsing, etc. and certain communications such as social network forms, instant messaging, etc. (collectively “User Content”). While the Platform collect, store and analyse User Content for you, you and the computer user are sole owners of User Content and solely responsible for all materials that are transmitted to us. You grant us a worldwide, limited, royalty-free, nonexclusive, sub-licensable license to store such content on our servers.
Your responsibility for content. We do not control or monitor any User Content, except when required by applicable laws, regulations or orders from a competent authority. We may take down any content if we considers that storing of such content amounts to infringement of applicable laws and regulations or third party rights. You may retrieve and display the User Content on a computer screen, store such content in electronic form on disk or print one copy of such User Content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use User Content for commercial purposes or detrimental to the interest of your child. We shall not be liable in any way for User Content, or any loss or damage of any kind incurred as a result of User Content, posted, emailed, transmitted or otherwise made available to the Platform.
Your responsibility for the account. You are responsible for all activities undertaken under your account. You are the data controller of all personal data collected and transmitted to the Platform and Nischint is data processor. You agree that you will not breach any applicable laws and regulations and do any acts that are detrimental to the Platform and Services.
Service Availability. Although we aim to offer you the best service possible, we make no promise that the Services and the Platform will meet all your requirements. We cannot guarantee that the Services will be fault-free. Due to maintenance, security or capacity issues, and also to some events over which we a have no control (e.g., anomalies in public communication networks, electricity cut offs, etc.), Services may be temporally suspended or affected. Your access to the Platform may be occasionally restricted to allow for the introduction of new facilities or services. We will attempt to restore the Services as soon as we reasonably can. We will not be liable if for any reason our Services or Platform is unavailable at any time or for any period.
Security. You understand that the Services can be used for transmission of content to the Platform, collected from the computers/devices associated to the User account, and that during processing, your Content, including contact names, email or IM communications, social network activity and other account information are transferred (encrypted) over the internet. Currently they are not stored in an encrypted manner, as this would prevent the monitoring and filtering services.
Links. Our Platform contains links to third party Internet sites. We make no representation whatsoever nor accept any responsibility about such sites nor have any control over them. Any third-party content or a link to a third-party site is for informational purposes only.
Warranty. Except as established by applicable laws and regulations, your use of the Platform or Services, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Liability Limitation. You agree that your use of the Services shall be at your sole risk. To the maximum extent permitted by applicable laws or regulations, in no case is the Company, its directors, employees, shareholders, affiliates or sponsors responsible or liable for any direct or indirect or consequential loss, including without limitation, damages, loss of reputation, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to use the Platform and Services; (ii) reliance placed by you on the completeness, accuracy or existence of any elements of the Services (iii) any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (iv) unauthorized access to or alteration of your data or failure to keep your password or account details secure and confidential; (v) the deletion of, corruption of, or failure to store, any your content and other communications data maintained or transmitted by or through your use of the Services; (vi) any errors in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services; or (vii) statements or conduct of any third party on the Platform. Our aggregate liability for the Services and under these Terms will not exceed one hundred United States Dollars ($100).
Indemnification. You agree to indemnify and hold us, our agents, directors, officers, employees, partners and our subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Platform or Services in violation of these Terms and or arising from a breach of any applicable laws, regulations or third party rights including in respect to any of your content transmitted or stored on our Platform.
Contact and notifications. You agree to receive our email notifications related to the Platform and Services. We will not share your email with any other parties. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Platform or delivering them to you through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Applicable Law and Jurisdiction. Any conflict arising out of or in relation to the application, interpretation or performance of these Terms and the use of the Platform and Services, will be submitted exclusively to the jurisdiction of the courts of Dubai, without prejudice to any applicable consumer rights to bring actions in the court of the user’s domicile.
Copyright and Trademark Notices. All contents of the Platform and Services are Copyright © Nischint. We or our service providers, partners and suppliers own the title, copyright and other intellectual property rights in the Platform and Services.
Miscellaneous. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected. If you breach these Terms and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms. We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control. We will decide, in our discretion, whether there has been a breach of these Terms and we may take such action as we deem appropriate, including, immediate, temporary or permanent withdrawal of your right to use our Platform.
Fees. The fees for the any payment plans (Commercial or Home Premium) are set out at www.Nischint.com. For any payment plans , you agree to pay the fees set out in the Plan selected by you. Payment is by way of online payment system provided by Nischint or as otherwise agreed with us. On periodic renewal, you will be charged at the then current price, unless otherwise agreed in writing with us. Fees are non-cancellable and non-refundable. Fees for Users or Devices added during the subscription term are charged at the same price as for the pre-existing subscriptions.
Price updates. Prices for the Services may change at any time by giving you thirty (30) days or more prior written notice. New prices will apply to the next renewal period. If you do not reject such price change in writing requesting termination of Services or in the event of any continued use of the Services after such renewal date, you are deemed to have accepted the new prices.
Invoicing. For standard services, invoice for the start-up and subscription fee/s will be issued upon acceptance of the online order and 15 days prior to renewal. You will be invoiced at start up and for additional Users for a full period, regardless of the start date. Renewals are invoiced on the periodic basis set out in the Order form. Unless provided otherwise in the Order, we will issue invoices in INR or USD. You agree to provide us or our reseller complete and accurate billing and contact information.
Payment. Unless stated otherwise on your order form, all amounts invoiced shall be due and payable in advance on contracting the service and 7 days prior to renewal. We reserve the right to suspend or terminate this Agreement and access to the Services if you do not pay in timely manner. In the event of credit card payment, you will provide us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information, you authorise us to charge such credit card for all Services set out in the order form for the initial subscription term and subsequently any renewal subscription term(s) as set out herein.
Late Payments. Overdue charges will accrue late payment interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In the event of late payment, we may condition future subscription renewals and Order Forms on payment terms shorter than those specified herein or we may suspend or terminate this Agreement and access to the Nischint Services.
Taxes: Unless otherwise provided, prices do not include any taxes that may apply, including without limitation VAT or equivalent sales tax, such taxes being your responsibility. If we have the legal obligation to pay or collect taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
Registration. Registration and creation of a Nischint account is required to use the Nischint Services. To register, you must create an account by completing the corresponding form with your details (email and name) and agreeing to these Terms. You warrant that this information is and will be correct, complete and accurate at all times. A verification email is sent to you.
Activation. We try to provide access to the Nischint Service immediately. We reserve the right to refuse the Nischint Services to anyone for any reason. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the Nischint Service in accordance with these Terms.
Passwords. The passwords are confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorised use of your Account or any other breach of security known to you.
Term. Subject to payment, when applicable, of the fees, your account shall be activated and remain in force for the Term indicated below, unless terminated by either us or you hereunder:
Free User: use of the limited Service for an unlimited period
Evaluation Term: use of the Service for the period of 30 days from registration of the account
Premium or Commercial Plans: subject to payment of the fees, use of the Service for the contracted term, in accordance with the plan you have chosen. Commercial and Premium terms plans are automatically renewed for the same term, unless written notice of cancellation is provided by either party at least 30 days’ prior to renewal.
Termination. You may cancel your account at any time. All cancelations should be addressed to: firstname.lastname@example.org. No refunds will be given for early termination. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may cancel any Free Use at any time, provide you 30 days’ notice of termination, and Premium and Commercial plans providing you 30 days’ notice prior to the end of any Term. On termination for any reason, your access to your account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any legal contingency). In addition, we reserve the right to terminate our agreement with you if the provision of the Services is, in our sole opinion, no longer commercially or otherwise viable or your account is inactive for more than 1 month (in this latter event, we will provide you 15 days’ notice of termination, sent to your registered email address)