This Agreement sets forth the terms and conditions that apply to the access and use of the Website “ elivio.com” and Mobile Application including but not limited to “and” (hereinafterreferred to as “Mobile App”), which is owned and operated by M/s Invizo Technologies Private Limited, (hereinafter referred to as “Invizo“/Company”), a company incorporated under the laws of India and registered under the Companies Act, 1956.
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
By using the information, tools, features and functionality offered by elivio.com
(together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which
means that you simply browse the elivio.com website) or
you are a “Member”
(which means that you have registered with elivio.com ).
The term “you” or “User” refers to a Visitor or a Member.
If you wish to become a Member, communicate with other Members and make use of the Service,
you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Invizo Technologies Pvt Ltd., website elivio.com If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of an individual, company or entity that you have the authority to bind such individual or entity.
Before you continue, you should print or save a local copy of this Agreement for your records.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND FOR THE PURPOSE AS DEFINDED HEREUNDER.
The Service is a “Family Organizer” that allows Members to consolidate and track all their personal information on elivio.com. Based on such information the service may also present information relating to third party products or services. (“Third Party Services”) The Services are provided to you by INVIZO for a fee (see pricing page) and is meant as an aid to assist you in organizing and managing your personal information. It does not and is not intended to provide Medical, legal, tax or financial advice. With the Service, Members may direct to retrieve generally available information maintained online by third-party institutions. INVIZOworks with one or more online service providers, however INVIZO makes no effort to review the information they provide for any purpose, including but not limited to accuracy, legality or non-infringement. INVIZO is not responsible for the products and services offered by or on third-party sites. INVIZO cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. INVIZO cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
KEY TERMS AND CONDITIONS
For example, when displayed through the Service, Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions. Some portions of the Service may be supported by sponsored links from advertisers and display offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information (such offers shall be referred to as “ INVIZO Offers”). We will always disclose when a particular INVIZO Offer is sponsored by INVIZO. In connection with INVIZO Offers, the Service will provide links to other web sites belonging to INVIZO advertisers and other third parties. INVIZO does not endorse, warrant or guarantee the products or services available through the INVIZO Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and INVIZO is not an agent or broker or otherwise responsible for the activities or policies of those web sites. You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your Login ID, e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify INVIZO immediately at the email address – firstname.lastname@example.org. Your right to access and use elivio.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use elivio.com for lawful purposes. Accurate records enable INVIZO to provide the Service to you and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of elivio.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of elivio.com or other actions that INVIZO, in its sole discretion, may elect to take. INVIZO may terminate your right to use the Service at any time if you fail to abide by the terms of this Agreement. All Users under the account sign-up by signed-up key user shall be responsible and shall be held accountable for any and all actions taken by the User.
Table of Contents
- I. INTRODUCTION.
- II. ACCEPTANCE OF TERMS.
- III. YOUR REGISTRATION.
- IV. ACCURATE REGISTRATION INFORMATION.
- V. ALERTS/ONLINE INFORMATION.
- VI. PRIVACY AND YOUR PERSONAL INFORMATION.
- VII. THIRD PARTY SERVICE PROVIDERS.
- VIII. THIRD PARTY LINKS/OFFERS.
- IX. ELIGIBILITY CRITERIA.
- XI. THIRD PARTY SITES.
- XII. PAYMENT SERVICE.
- XIII. DEACTIVATION OF SERVICE(s) and TERMINATION OF AGREEMENT.
- XIV. INTELLECTUAL PROPERTY RIGHTS.
- XV. DISCLAIMER OF WARRANTIES.
- XVI. LIMITATION OF LIABILITY.
- XVII. RULES FOR POSTING.
- XVIII. MISCELLANEOUS.
- Service Limitations.
- Service Changes and Discontinuation.
- Password Protection.
- Customer Service Requests.
- Obey the Law.
- Access and Interference.
- Restrictions on Commercial Use or Resale.
- Rights You Grant to INVIZO as regards Content You Provide.
- Not an Investment Advisor, Not a Medical Advice, Planner, Broker or Tax Advisor.
- Force Majeure.
- Promotional Offers.
- Subscription Fees and Additional Charges.
- Third Party Products and Services.
- Electronic Communications.
- No Waiver.
- Exclusive Agreement.
- Governing Law and Jurisdiction.
The Website/Mobile App also enables you to undertake online payments of your bills (“Bill Payment Services”) through its third party services provider(s). INVIZO may offer additional services on certain specific Terms, from time to time, which can be activated by you at your will and consent (“Additional Service(s)”). INVIZO also reserves its right to discontinue certain or all services at any point of time without notice.
Sensitive personal data or information” would mean and include but not limited to;—
- (i) user name, password for each of your linked account;
- (ii) financial information such as Bank account or credit card or debit card or other payment instrument details ;
- (iii) Linked account information, transaction data, Biometric information or as provided by applicable law /Notification/Circular/Act etc.
- (iv) any detail relating to the above clauses as provided for providing service; and
- (v) any of the information received under above clauses by body for processing, stored or processed under lawful contract or otherwise.
II. ACCEPTANCE OF TERMS
This Agreement describes the Terms governing the usage of the Services provided to you on the Website/Mobile App. Clicking “I Agree” to “Terms & Conditions" on the registration page, shall be considered as your acceptance of this Agreement. Your continued usage of the Services from time to time would also constitute acceptance of the Terms including any updation, or modification thereof and you would be bound by this Agreement until this Agreement is terminated as per provisions defined herein.
Your electronic consent, accepting these Terms, represents that you have the capacity to be bound by it, or if you are acting on behalf of any person, that you have the authority to bind such person. If you choose not to accept these Terms, you will not be entitled to use the Services. However, INVIZO has the option/right to reject your registration to this Website/Mobile App at any point of time without assigning any reasons whatsoever.
INVIZO, reserves the right at its sole discretion to make changes to these Terms, for such reason as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services, company reorganisation, market practice or customer requirements. Upon any change, may notify the updated Terms on the Website/Mobile App or other means. Your continued use of the Services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If you do not agree to the changes, you may please discontinue your use of the Services.
You can review the most current version of the Terms at any time, by clicking the Terms & Conditions link on the login page of the Website/Mobile App.
III. YOUR REGISTRATION
Upon successful registration to the Services and payment of Subscription Fee, if applicable, your Account would be activated. You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your Login ID, which allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide, form your “Registration Information”.
By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, to that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number, as well as for other users under the account. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on the Website, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify immediately at the customer service helpdesk, the details of which are available on the Website/Mobile App. INVIZO shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to.
IV. ACCURATE REGISTRATION INFORMATION
You shall provide true, accurate, current and complete information about yourself and the Linked Accounts and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the website or use of the services.
The Family Organizer also allows you to link the accounts of your family members who might have authorized you in this regard, in which case you shall be acting under proper authorization from your family members. INVIZO shall not be responsible for any claim or breach of privacy, unlawful access etc., by your family members/entity.
Any misrepresentation in providing the Registration Information or Linked Accounts shall render the Services void ab initio, but without any recourse on. INVIZO shall not be held responsible for any reason whatsoever if the Registration Information is incorrect at any point in time. Failure to provide accurate and complete information during registration may prohibit the use of the Account Aggregator Service.
V. ALERTS/ONLINE INFORMATION
INVIZO may send automatic alerts and voluntary account-related alerts from time to time. Certain voluntary account alerts may be turned on by default, as part of the Services. You may customize, deactivate or reactivate these voluntary alerts based on your individual preferences an options available. INVIZO may add new alerts (automatic/voluntary/compulsory) from time to time, or cease to provide certain alerts at any time, upon its sole discretion. Each alert has different options available and you may be asked to select from among these options on activation of your alerts service.
The alerts will be sent to you electronically on your email address and/or mobile number as per your most recent Registration Information available with. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. You hereby agree and consent to receive all transactional alerts at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize to route alerts to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers.
However, sending of short messaging service (SMS) alerts are subject to TRAI regulations and also to your telecom service provider, as may be applicable from time to time. INVIZO cannot be held responsible for non-delivery or mdelay in delivery of SMS alerts to your mobile number.
You agree and understand that alerts are not encrypted. Alerts may include some of your personal and sensitive information. Anyone with access to your email/mobile will be able to view the content of these alerts; therefore, you should take proper care to prevent any unauthorized access to the said alerts to protect your own interest.
While would endeavor to provide alerts under the Services in a timely and accurate manner, you understand and agree that any such alerts may be delayed or prevented by a variety of factors. You agree that INVIZO shall not mbe liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party, on the reliance of an alert. Further, the delivery of alert messages are subject to compliance of any local laws or guidelines, as may be enforced from time to time and you agree to abide by such compliance requirement, as and when notified by governing authorities.
VI. PRIVACY AND YOUR PERSONAL INFORMATION
INVIZO may transfer sensitive personal data or information to another Indian or overseas body corporate if it is necessary for the performance of Services, and you hereby consent to such data transfer.
You agree and understand that all Account Credentials of other Financial Institutions provided by you for your use/consolidated view are encrypted and stored by our Third Party Service Provider.
If you are a parent or guardian and you provide consent to your child’s registration with the Service, you agree to be bound by the Terms in respect of your child’s use of the Service. INVIZO will not contact children under 13 years about special offers or for marketing purposes without parent’s permission. You agree and understand that you protect your children’s profiles with appropriate parental controls. Service offers the parental controls by default, but can be amended by user whenever required.
VII. THIRD PARTY SERVICE PROVIDERS
The Services on the Website/Mobile App are enabled through various third party service providers, including but not limited to the following: INVIZO reserves its right, in its sole discretion, to replace/appoint/re-appoint any or all third party service providers to ensure uninterrupted provision of Services.
IX. ELIGIBILITY CRITERIA
You declare and confirm that you are a resident of India, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered herein via Website/Mobile App.
The Family Organizer allows you to retrieve and view your all your Contacts, Calendar, To doList, Albums, Health related information, Education and documents information which is available on different websites, of your Linked Accounts, all at one place. In that sense, the information would be aggregated for you. Family Organizer is enabled through software which performs the function of an aggregator, whereby you, as a user, would be permitted to view your personal and financial information related to the Linked Accounts.
WE RESPECT YOUR PRIVACY AND DO NOT INTEND TO STORE ANY OF THE PASSWORDS THAT YOU WOULD PROVIDE TO US. THE ACCESS INFORMATION/LOGIN DETAILS ARE STORED ON THE SERVERS OF RESPECTIVE WEBSITES OF BANKS/MERCHANTS ETC., AS THE CASE MAY BE. BY SIGNING INTO INVIZO website elivio.com - ACCOUNT FAMILY ORGANIZER, THE ACCOUNTS LINKED THEREIN BY THE USER ARE AUTOMATICALLY SIGNED INTO.
You further represent that you are the legal owners or you are authorized for operation, of your
Linked Accounts at third party websites and that you have the authority to
- (i) designate us and/or Third Party Service Provider(s) as your agent(s),
- (ii) use the Website and
- (iii) provide your passwords, usernames, and all other information relevant to provide you with the Account Aggregator Services. The Linked Accounts will get aggregated based on the information provided by you, without going into verification, and INVIZO shall not be liable for any wrong or inaccurate information with respect to your Linked Accounts.
INVIZO reserves the right to use the information accessed and aggregated by you to provide you with better services, information and alerts from time to time. The Family Organizer tools and services are subject to such charges and fees, as may be made applicable from time to time. INVIZO reserves the right to change such charges/fees for these services, as deemed fit and proper. INVIZO will notify you about the charges/fees electronically and intimation shall be provided to you at the email address provided by you at the time of registration.
DATA AND INFORMATION UNDER FAMILY ORGANIZER IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR TRADING OR TRANSACTIONAL PURPOSES. IN CASE YOU WISH TO TRADE OR PERFORM ANY TRANSACTIONS, YOU WILL BE DIRECTED TO THE RESPECTIVE THIRD PARTY WEBSITES, IN WHICH CASE YOU WILL BE ABIDING BY THE TERMS & CONDITIONS OF THE RESPECTIVE THIRD PARTy WEBSITES.
You agree that INVIZO is not liable for any errors, inaccuracies or delays in the content or aggregation, or for any actions taken on reliance thereof. The services which you may be able to access through the Website are services of identified Banks or Merchants etc. The Website/ Mobile App provides links to identified Banks or Merchants etc. for your convenience only. INVIZO does not endorse or recommend the services of any Bank or Merchants etc. The Bank or Merchants etc. you select is solely responsible for its services to you.
INVIZO is not liable for any damages or costs of any type arising out of, or in any way connected with your use of the Family Organizer or the services of the Bank, or Merchants or third party sites etc., as the case may be. There may be a situation where the use of Account Family Organizer at the instance of the bank, merchant may result in withdrawal/cancellation/discontinuation of your Account due to any reasons whatsoever. You agree that in such an event, you will not hold INVIZO liable for withdrawal/cancellation/discontinuation of your Account or consequent damages or losses. You may also add information into the Website/Mobile App for accounts not available at other websites or which are not linked online to the Website/Mobile App. In such a case, you are solely responsible for the accuracy of such information.
You also agree and understand that data feeds, prices, rates and other similar market value information about any product or asset or property or securities or account information could be based on delayed feeds and these data or information may not reflect the real time values/actual rates.
XI. THIRD PARTY SITES
By using the Services, you hereby authorize INVIZO and its Third Party Service Providers to access the websites of third parties designated by you specifically to link to your account on the Website/ Mobile App, on your behalf, so as to register and enable the Linked Accounts, as requested by you. INVIZO would act as your agent/power of attorney holder for this limited purpose. The Website/ Mobile App does not have the capability to initiate any transaction affecting your Linked Accounts or provide notices or instructions affecting such Linked Accounts. Transactions and inquiries that you may initiate on the Linked Accounts at such Bank/Merchants/third party sites are not made through the Website/ Mobile App and INVIZO assumes no responsibility for such transactions or inquiries. You are responsible for the fees charged by the Bank/Merchants/third parties in connection with such transactions and Linked Accounts, and you agree to comply with the terms and conditions of those accounts and use of services.
If you have a dispute or question about any transaction on such website(s), you shall direct those to the respective providers of the Linked Accounts. Third party websites shall be entitled to rely on the authorizations, agency and power of attorney granted by you to INVIZO, under this Agreement. INVIZO has no relationship to, affiliation, or connection with any such third party websites available for use with the Services, except where the third party websites belong to group or associate companies wherein you hold an account. However, the Services are not endorsed or sponsored by any such third party websites/providers. You agree and understand that Linked Accounts or services and information of group/associate company are not in any manner intended as being endorsed by INVIZO, nor is it intended to be construed as being endorsed by INVIZO. You agree and understand that you can choose and avail of the services and information of any other service provider, including for undertaking any transaction or for any other investment related matter. Such services and offerings will be as per the terms and conditions agreed between you and the service provider offering such services.
You agree that INVIZO assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determination of any such third party website or service provider. You acknowledge and agree that the Website/Mobile App may not maintain the same level of security against unauthorized access to your account information as the third party websites from which you have authorized INVIZO to retrieve information on your behalf.
XII. PAYMENT SERVICE
INVIZO, through Pay U Payments Pvt Ltd., website, PayuMoney Limited (Online Payment Solutions Company), facilitates an online payment solution to complete user’s subscription with elivio. PayUmoney may, at its sole discretion, add or delete their tie up with Billers. PayUmoney is not a bank, savings association or any other type of depositary institution. Pay U does not accept funds for purposes of transfer or for deposit. PayUmoney Service pays only when you instruct to pay in the manner you have registered (Payment Instruction). While using the bill payment services provided by PayUmoney, you agree to and understand the terms and conditions of using such services, at the link provided here: PayuMoney. In order to use the Bill Payment Service, you must provide all information about you, your Billing Account/Payment Account, and other information that is requested during the registration process. You will also be required to provide information regarding your accounts with Billers, when scheduling a Bill Payment or setting up a Biller with the Bill Payment Service. This information must be accurate and complete, and you agree to update registration information as necessary. Failure to provide accurate and complete information during registration may prohibit the use of the Bill Payment Service or result in errors in your requested Bill Payments.
You agree to not misrepresent your identity or your account registration information. You also certify that any payment account you register with the Services is issued in your name and is an account that you are authorized to use.
You may pay bills using a Credit/Debit Card (“Card”). When you initiate a bill payment transaction and/or issue a Payment Instruction and provide your Card details, you warrant that you are fully and lawfully entitled to use such a Card for such transaction(s). You are responsible for ensuring that the Card details provided by you are accurate.
INVIZO shall incur no liability for any reason whatsoever, if you are unable to effect any Payment Instruction on the Payment Date for any reason whatsoever, or you are unable to stop or prevent the implementation of the Payment Instructions. Pay U shall, at its discretion, with prior intimation to the User, charge the User for availing of or cancellation or modification of the Payment Instructions.
As the Bill Payment Services are provided by Pay U, INVIZO does not warrant that the bill
payment transactions will be completed.
Neither INVIZO nor any of its affiliates nor their directors, officers or employees will be
liable to or have any responsibility of any kind for any loss that you may incur in case of
- (a) deficiency in the services of Pay U;
- (b) errors in or omissions from PayuMoney and its content, including but not limited to technical inaccuracies and other errors;
- (c) unavailability, failure or disruption of the site of PayUmoney resulting from the act or omission of any other party involved in making this site or the data contained therein available to you;
- (d) any third party websites or content therein directly or indirectly accessed through links on PayuMoney, including but not limited to any errors in or omissions there from; or
- (e) from any other cause relating to
- (i) your access to;
- (ii) inability to access;
- (iii) wrong debit or credit of payment;
- (iv) use of the site or the materials provided therein;
- (v) your use of equipment or software in connection with PayuMoney; or
- (v) for any other reasons in relation to the bill payment services of PayuMoney . All such matters shall only be between you and PayuMoney and not with INVIZO.
You agree and understand that neither INVIZO nor any of its affiliates, subsidiaries,
employees, officers, directors and agents
(i) warrants or represents that
- (a) the functions or materials accessible from or contained at PayuMoney will at all times be uninterrupted or error free;
- (b) defects will be corrected;
- (c) PayuMoney or the server that makes it available is virus or bug free; or
- (d) the materials and services on PayuMoney are fully functional, accurate and reliable; and
- (ii) expressly disclaim any liability for deficiency in the services offered by PayUmoney.
XIII. DEACTIVATION OF SERVICE(s) and TERMINATION OF AGREEMENT
You shall have an option to deactivate the Service(s) by following the administrative rules prescribed by INVIZO from time to time. The deactivation request(s) would be processed and you shall receive deactivation intimation for your future records and reference. Deactivation of Services will automatically lead to the termination of this Agreement. Upon deactivation of Services, INVIZO shall not be liable to refund the subscription fee, if any, paid either in whole or in part.
INVIZO may, at any time, terminate this Agreement with you immediately upon notice: If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement). If INVIZO, in its sole discretion, believes it is required to do so by law or regulatory authority. If you are found to upload any objectionable content. If you have provided false and incorrect information as a part of your Registration Information.
X IV. INTELLECTUAL PROPERTY RIGHTS
The contents of the Website/Mobile App, including its “look and feel” (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programmes) and other material are the owned/licensed by/to INVIZO and/or its Third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws. You acknowledge and agree that INVIZO and/or its licensors orsuppliers own all rights to this Website/ Mobile App, the content displayed on the Website/Mobile App and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the Services.
You are only permitted to use any of the foregoing as expressly authorized by these Terms, and otherwise, by the Services. You may download or print a copy of the information provided on this Website/Mobile App for your personal, internal and non-commercial use only. You may not copy, re-print, reproduce (electronically or otherwise), distribute, or create derivative works from any content on the Website/Mobile App, in whole or in part, for any other purpose without our prior written consent. Further, you agree not to reverse engineer or reverse compile any technology associated with the Services, including but not limited to any software applications or Java applets associated with the Services Content, from the Website/ Mobile App, in whole or in part.
XV. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INVIZO AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INVIZO AND ITS THIRD PARTY SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICES, WHETHER THE RESULT OF ACTIONS BY INVIZO, OR ANY THIRD PARTY. INVIZO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE/MOBILE APP OR OF THE SERVICES (WHETHER OR NOT SPONSORED BY THIRD PARTY SERVICE PROVIDERS), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. INVIZO MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. CATEGORIZATION OF YOUR TRANSACTIONAL INFORMATION WITHIN THE SERVICES IS ESTIMATION PROVIDED FOR YOUR INFORMATION ONLY, AND INVIZO DISCLAIMS ALL WARRANTIES OF ACCURACY FOR ANY USE, INCLUDING WITHOUT LIMITATION, TAX DEDUCTION. INVIZO AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT
- (i) THE SERVICES WILL MEET YOUR REQUIREMENTS,
- (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
- (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND
- (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
XVI. LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER INVIZO NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS,
SERVICE PROVIDERS, THIRD PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES, EVEN IF INVIZO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
- (i) THE USE OR THE INABILITY TO USE THE SERVICES;
- (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM INVIZO;
- (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE;
- (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
- (vi) ANY OTHER MATTER RELATING TO THE SERVICES. NIETHER INVIZO NOR ANY OF ITS AFFILIATES ,DIRECTORS , OFFICERS OR EMPLOYEES, WILL BE LIABLE OR HAVE ANY RESPONSIBILTY OF ANY KIND FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE THAT YOU MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE/MOBILE APP, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE/MOBILE APP OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR from any other cause relating to your access to,] inability to access, or use of the Website/Mobile Application or these materials, whether or not the circumstances giving rise to such cause may have been within the control of the Website/Mobile App or of any vendor providing software or services support. In no event, will INVIZO be liable to you for any direct, special, indirect, consequential, incidental damages] or any other damages of any kind. IN ALL CASES, THE MAXIMUM LIABILITY, IF ANY, SHALL BE RESTRICTED TO THE EXTENT OF SUBSCRIPTION FEES, IF ANY PAID BY YOU, TO INVIZO FOR USE OF SERVICES WHICH ARE OFFERED BY INVIZO. UNDER NO CIRCUMSTANCES SHALL INVIZO BE LIABLE FOR YOUR USING THE SERVICES OFFERED OR PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER.
XVII. RULES FOR POSTING
As part of the Services, INVIZO may allow you to post content on bulletin boards, blogs and
at various other publicly available locations on the Website.
These forums may be hosted by INVIZO or by one of its third party service providers on INVIZO’s
- a. You shall be solely responsible for all content you post on the Website/ Mobile App.
- b. By submitting content to us, you represent that you have all necessary rights and hereby grant INVIZO a perpetual, worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Website/Mobile App and INVIZO business, including without limitation for promoting and redistributing part, or all of the site/mobile app (and derivative works thereof) in any media formats and through any media channels.
- c. You also hereby grant other users of the Services a non-exclusive license to access your posted content through the Website/Mobile App, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Website/Mobile App and under this Agreement.
- d. You shall not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or programme that is indecent,obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- e. You shall not post or transmit any message, data, image or programme that would violate the property rights of others, including unauthorized copyrighted text, images or programmes, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- f. You may not interfere with other users’ use of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Services' infrastructure, or that negatively affects the availability of the Service to others.
- g. Except where expressly permitted, you shall not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You shall not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (eg. a classified bulletin board) that are designated for such a purpose.
- h. You shall not copy or use personal, identifying or business contact information about other users of the Services without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
- i. You agree that INVIZO may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant INVIZO a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty- free license to use the feedback you provide to INVIZO in any way. You agree to also comply with Community Guidelines, in addition to the terms of this Agreement.
While posting any content, you agree to follow certain rules, including but not limited to the following:
Service LimitationsINVIZO will try to make your experience with the Website/Mobile App a productive one. However, INVIZO cannot always foresee or anticipate technical or other difficulties. The Services may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the Services is provided "AS IS", without warranties of any kind. INVIZO does not assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings. INVIZO and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non availability of the Website/Mobile App, and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. INVIZO will not be responsible for any liability arising out of delay in providing any information on the Website/Mobile App.
Service Changes and DiscontinuationINVIZO reserves the right to discontinue or suspend,temporarily or permanently, the Services, bygiving 48 (forty eight) hours notice, on a best effort basis, unless it is merely to changecertain features/contents of the Services and/or Website/Mobile App or maintain the security and integrity of the Services. You agree that INVIZO will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
Password ProtectionYou shall not be entitled to avail of the Services without the use of a user name and password. You are responsible for maintaining the confidentiality of your password and Account, and you shall not allow anyone else to use your password at any time. You are fully responsible for all activities that occur using your password or Account. Please notify INVIZO immediately of any unauthorized use or access of your password or Account, or any other breach of security. INVIZO will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Customer Service RequestsIf you request customer service assistance or report a problem with the Services, it may be necessary for INVIZO to access your Elivio account (including Mobile App) and view your account information.
Obey the LawYou agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
Access and Interference
- a. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website/Mobile App, or any portion of the Website/Mobile App, without INVIZO’s express written consent, which may be withheld at INVIZO’s sole discretion.
- b. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website/Mobile App, other than the search engines and search agents available through the Services and other than generally available third party web browsers (such as Microsoft Explorer).
- c. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website/Mobile App or the Services.
- d. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website/Mobile App or the Services. Restrictions on Commercial Use or Resale Your right to use the Services is personal to you; therefore, you agree not to resell or make any commercial use of the Services. Right to use Information Your usage of this Website/Mobile App provides an implied license to INVIZO and its service providers, to use, modify, display, distribute any information, data, materials, or other content you provide to INVIZO and that is retrieved from third party sites at your request and new material created (collectively, "Content") for the purpose of providing the Services. In addition, INVIZO welcomes your feedback as a user of the Services. Any feedback you provide will become the confidential and proprietary information of INVIZO, and you agree that INVIZO may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to INVIZO. INVIZO shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into INVIZO or other INVIZO software or services. Endorsements All product and service marks contained on or associated with the Services that are not INVIZO marks are the trademarks of their respective owners. INVIZO would require you to respect the same. References to any such names, marks, products or services of third parties or hypertext links to third party sites or information does not imply INVIZO’s endorsement, sponsorship or recommendation of the third party, information, product or service. Not an Investment Advisor, Planner, Broker or Tax Advisor Neither INVIZO nor the Services are intended to provide any legal, tax or financial or securities related advice. You agree and understand that INVIZO is not and shall never be construed as a financial planner, financial intermediary, investment advisor, broker or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad and general in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisers who are fully aware of your individual circumstances. For more details, please also refer to the Legal Disclaimer provided on the Website/Mobile App. However INVIZO may facilitate the above services via any Third Party service provider / Intermediary in the capacity of agency services. Not Medical Advice The Family Organizer’s health section does not offer medical advice. Any content accessed through the Health section is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment.Do not ignore or delay obtaining professional medical advice. Call your doctor for all medical emergencies. Force Majeure Under no circumstances shall INVIZO and any of its Third Party Service Providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Indemnification You agree to protect and fully compensate INVIZO, its affiliates, subsidiaries, licensors, suppliers and service providers, employees, officers and directors, Yodlee and its affiliates, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the Services, your violation of the Terms or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone. You agree that Yodlee is a third party beneficiary of these provisions, with all rights to enforce such provisions as if Yodlee were a party to this Agreement. Modifications INVIZO may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the site elivio.com. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted. Promotional Offers INVIZO may, from time to time, announce certain offers with intent to promote its Website/Mobile App and/or Services (Promotional Offers). The Promotional Offer(s) would always be governed by these Terms plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms, to the extent they may be in conflict with these Terms. INVIZO reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion. Subscription Fees and Additional Charges The Users agree to pay different charges for the usage of Website/Mobile App and for its Services thereof as may be specified on the Website/Mobile App from time to time (Subscription Fee). Currently, the Subscription Fee is payable in advance on an annual renewal basis; however, INVIZO reserves its right to revise the subscription model from time to time, at its sole discretion. Subscription Fee may be specified in one or more categories based on features of the Services. Users shall have the option to subscribe for the Services under any one of such category. Once subscribed the User shall not be allowed to downgrade the subscription category, until the subscription comes up for renewal. Once paid, there would be no refund of Subscription Fee unless the Services are voluntarily discontinued by INVIZO, at their sole discretion and convenience. In such an event, the Subscription Fee shall be refunded on a proportionate basis, as per the extant administrative rules of INVIZO. INVIZO reserves its right to change the Subscription Fee (or its categories) without any prior intimation. All such changes would be effective prospectively. Notwithstanding anything herein, the Promotional Offer(s) may specify Subscription Fee at differentiated rate(s), which would be applicable solely for the corresponding Promotion Offer(s) and not otherwise. You are responsible for any and all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the services provided by them through the Website (Additional Charges); e.g. when you use the Bill Payment Service to make an expedited payment, you agree to pay any applicable charges and authorize the processor bank to deduct or charge all such Additional Charges from your designated bank account. These Additional Charges would be in addition to any fees that may be imposed by the payee. You are responsible for fees for your use of the Services even if a payee refuses or is unable to process a requested Bill Payment, or if the payee processes only a portion of the amount owed for a Bill Payment. Third Party Products and Services INVIZO reminds you to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website/Mobile App, users may visit or be directed to sites containing information or material that may be offensive or inappropriate to some people. INVIZO makes no effort to review the content of these sites, nor is INVIZO or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, INVIZO does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that INVIZO does not pre-screen content, but that INVIZO will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the Services. Electronic Communications These Terms and any notices or other communications regarding the Services may be provided to you electronically, and you agree to receive communications from INVIZO in electronic form. Electronic communications may be posted on the Services Website and/or delivered to your registered email address, mobile phones etc. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying INVIZO of your decision to do so. If you revoke your consent to receive communications electronically, INVIZO shall have the right to terminate the Services. Assignment You shall not assign your rights and obligations under this Agreement to any other party. INVIZO may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company. No Waiver Neither INVIZO nor any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing and signed by INVIZO. No delay or omission on the part of INVIZO or any of its Service Providers and processor bank/merchants etc., in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. Exclusive Agreement You agree that these Terms are the complete and exclusive statement of agreement between you (including the members under the account at Elivio) and INVIZO and supersede any proposal or prior agreement, oral or written, and any other communications between you and INVIZO and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you (including the members under account at Elivio) and INVIZO and/or the processor bank. Arbitration Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by INVIZO and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Hyderabad. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
You agree that you will not:
Governing Law and Jurisdiction
The Website/Mobile App specifically prohibits you from usage of any of its Services in any countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website/Mobile App is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Hyderabad having exclusive jurisdiction.