NEXT CLICK - CHATBOT

1. PROVISION OF SERVICES

Next Click is one of the features of NC App which enables users to Chat, Group Chat, share photos, documents, Voice Tags, etc.

You can also use this feature as business where you communicate with businesses/SME listed with Next Click without revealing your phone numbers and also search the service provider and transact by using it, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing etc.

2. REGISTRATION

You must register for our Services using accurate data or information, provide your current mobile phone number, and, if you change it, re-verify your mobile phone number using OTP. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. All information provided about you are and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided by you.

3. ADDRESS BOOK

You provide us the phone numbers of your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

4. AGE

By accepting these Terms, you must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval. If you are under the age of 18 years but at least 13 years of age you may use this Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

5. DEVICES

You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

6. FEES

You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

7. AVAILABILITY OF SERVICES

Our Services may be interrupted (for maintenance, repairs, upgrades, or network or equipment failures). We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as force majeure events.

8. SUSPENSION OF SERVICES

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter & spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with us: Licenses, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Availability and Termination of our Services.

9. NO ACCESS TO EMERGENCIES

There are important differences between Next Click and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.

10. ACCEPTABLE USE OF OUR SERVICES

You must use our Services according to our Terms and policies. If we disable your account for a violation of our Terms, you will not create another account without our permission. You must access and use our Services only for legal, authorized, and acceptable purposes.

You will not use (or assist others in using) our Services in ways that:

  1. Violate, misappropriate, or infringe the rights of Next Click  , our users, or others, including privacy, intellectual property, or other proprietary rights;
  2. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or otherwise inappropriate, including promoting violent crimes;
  3. Involve publishing falsehoods, misrepresentations, or misleading statements;
  4. Impersonate someone;
  5. Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or
  6. Involve any non-personal use of our Services unless otherwise authorized by us.
  7. Infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force;
  8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  10. Promotes any illegal or prohibited activity,

You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means:

  • Reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
  •  Send, store, or transmit viruses or other harmful computer code through or onto our Services;
  • Gain or attempt to gain unauthorized access to our Services or systems;
  • Interfere with or disrupt the integrity or performance of our Services;
  • Create accounts for our Services through unauthorized or automated means;
  • Collect the information of or about our users in any unauthorized manner;
  • Sell, resell, rent, or charge for our Services; or
  • Distribute or make our Services available over a network where they could be used by multiple devices at the same time.

11. THIRD-PARTY SERVICES

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, interact with a share button on a third party’s website that enables you to send information to your contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

12. SAFEGUARDS

You are responsible for keeping your device and your Next Click account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.

We shall not be responsible for any harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, infringing, misleading, impersonating or unlawful Chat, Group Chat, Voice calls, photos, documents, Voice Tags, Videos etc., uploaded, published, transmitted, updated, forwarded or shared by you.

13. DATA OWNERSHIP

We do not claim ownership of the data or information that you submit for your account or while using our Services. You must have the necessary rights to such information that you submit for your account or our Services.

You agree that we may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of us and/or its affiliates.

In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services.

14. OUR RIGHTS

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written consent.

We grant you a limited, revocable, non-exclusive, non-sub-licensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

15. DISCLOSURE OF INTELLECTUAL PROPERTY RIGHTS

To report claims of third-party copyright, trademark, or other intellectual property right infringement, please visit our Intellectual Property Policy. We may terminate your account if you repeatedly infringe the intellectual property rights of others.

16. PRIVACY POLICY

Our Privacy Policy describes our Data and information practices, including the types of information we receive and collect from you and how we use and share this information.

You agree to our data and information practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information in India and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

17. DISCLAIMERS

  1. You use our services at your own risk. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code.
  2. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide.
  3. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under any applicable statute or law of any other jurisdiction.
  4. Please note we do not examine whether the any provider of goods or services is good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. We have also not negotiated or discussed any terms of engagement with any of the provider of goods or services.
  5. The same should be done by you. Purchasing of goods or availing of services from provider shall be at your own risk. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
  6. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material, goods or services displayed in the search results in the Platforms.

18. LIMITATION OF LIABILITY

We (Next Click ) & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if it has been advised of the possibility of such damages.

Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of One Hundred (100) Rupees. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.

19. ATONEMENT

You agree to defend, indemnify, and hold harmless the us & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:

  • Your access to or use of our Services, including information provided in connection therewith;
  • Your breach or alleged breach of our Terms; or
  • Any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

20. DISPUTE SETTLEMENT

  • In the event a dispute arises between the parties under this Agreement, the parties shall attempt to amicably resolve the dispute through mutual discussions.
  • Where the dispute is not resolved for a period of 30 (thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings.
  • The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Hyderabad. The arbitration shall be conducted by a sole arbitrator to be appointed by Next Click at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

21. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Hyderabad, India.

22. NO CLASS ACTIONS LAWSUIT

We and you each agree that if you are a Next Click user located in India or aboard, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, company class of people. We and you each agree not to participate in a class action suit, a class-wide arbitration Disputes brought in a private attorney or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.

23. GENERAL PROVISIONS

Unless a mutually executed agreement between you and us states otherwise, our Term make up the entire agreement between you and us regarding Next Click Services, and supersede any prior agreements. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

You will comply with all applicable law of the respective jurisdictions. You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services:

  • To any individual, entity, or country prohibited by Laws;
  • To anyone government or non-government restricted parties; or
  • For any purpose prohibited by Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations.
  • You will not use or download our Services if you are located in a restricted country, or for any purpose prohibited by Laws, and you will not mask your location through IP proxying or other methods.

Any amendment to or waiver of our Terms requires our express consent.

we are entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms.

Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

Nothing in our Terms will prevent us from yielding with the law.

If we fail to enforce any of our Terms, it will not be considered a waiver. If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid.

If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

We always appreciate your feedback or other suggestions about our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

For the accuracy of any personal or other information provided for availing this Facility/Service.

To comply with the applicable laws, rules and regulations governing such funds transfers as stipulated by the Reserve Bank of India, from time to time.

This services are provided on an "as is, “as available" basis without any representations or warranties. Next Click do not represent or warrant that the services will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error -free.