It is to inform you that Next Click Info Solutions Private Limited draws this document an electronic record in terms of the amended Information Technology Act, 2000 also rules and regulation made thereunder. This e-record is generated by a computer system and does not require any physical (or) digital signatures.
- Of the Information Technology (Intermediary Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Next Click’s service via Next Click Portal (APP + WEBSITE)
- Of the Indian Evidence Act, 1872. This is an agreement between Next Click Ltd., a company incorporated under the Companies Act 1956 with its registered office at PLOT NO. 900(46/A), FLAT NO. 2C, VISHWA HERITAGE ARCADE, SR NAGAR, HYDERABAD, 500038 the owner and operator of www.nextclick.in(the " Next Click Site"), the Next Click Application Software "NEXT CLICK Mobile App", including all content provided by Next Click through Next Click Application and the Next Click Site, the "Next Click Service", or the "Service", and you, a user of the Service.
NEXT CLICK SERVICE
- These Terms of Service apply to all users of the Next Click Service. Information provided by our users through the Next Click Service may contain links to third party websites/portals that are not owned or controlled by Next Click.
- Next Click has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, Next Click does not assume any liability for any mistakes, misstatements of law, defamation, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the Site. In addition, Next Click will not and cannot censor or edit the content of any third-party site.
- By using the Service, you expressly acknowledge and agree that Next Click shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Next Click's belief.
RIGHT TO CUSTOMIZE (OR) SUSPEND SERVICE
- We do not represent or warrant that the Next Click mobile site will be error-free, free of viruses or other harmful components, or that defects will be corrected and the information available on or through the Next Click mobile app will be correct, accurate, timely or otherwise reliable.
- We may make changes to the features, functionality or content of the Next Click app at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the app/website.
- Next Click reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. Next Click shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.
NEXT CLICK ACCESS
A. Subject to your compliance with these Terms of Service, Next Click hereby grants you permission to use the Service, provided that:
- your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
- you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Next Click 's prior written authorization;
- You will not attempt to reverse engineer, alter or modify any part of the Service;
- Next Click reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these Next Click Mobile App terms, at any time and for any reason.
B.In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Next Click with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Next Click may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service.
- When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Next Click to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service.
- You must notify Next Click immediately of any breach of security or unauthorized use of your mobile phone. For removal of doubts it is clarified that, Next Click is not liable for any loss or damage caused by any unauthorized use of your account, however you would be liable for any losses or damage caused to Next Click including but not limited to any claims made on Next Click or others due to such unauthorized use.
C.You agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or HTTPWatch in general) or reverse engineer any of the software comprising or in any way making up part of the Application.
- We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain.
- You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes.
- You agree not to spam, or solicit for commercial purposes, any users of the Service. You agree not to create any data backup of the content that is available to you by use of the Next Click Site (or)Next Click Mobile App. or use of Next Click Service that is available through any other mediums.
READY FOR USE
- Next Click will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Next Click's reasonable control.
- Next Click does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
- Next Click will not be responsible for any support or maintenance for the Application.
- In order to use the Application, you are required to have a compatible mobile (or) handheld device, internet access, and the necessary minimum specifications.
- The Software Requirements for downloading the Next Click Mobile App would vary as per the mobile platform. The Next Click Mobile App would be available in English Language as of now.
- The version of the Application software may be upgraded from time to time to add support for new functions and services.
PATENTS (OR) COPY RIGHTS
- The Next Click company names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights (and other intellectual property rights of any nature in the Application) together with the underlying software code in the App is owned by and used under license by Next Click(or) its subsidiaries or affiliate companies.
- All other copyrights herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective media that pertains to the material being copied.
- You are not authorized to use Next Click's patents in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Next Click.
- For removal of doubts, it is clarified that, by accepting these terms, you hereby waive and grant to Next Click all rights including intellectual property rights and also "moral rights" in the Reviews, Ratings and Comments posted by you at Next Click through any of mediums of Next Click and that Next Click is free to use all such Review, Ratings and Comments as per its (Next Click's) requirements from time to time.
USER CAPITULATION & EXPLICIT CHARACTERISTICS
C. In connection with Ratings and Tag your friends, you further agree that you will not:
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Next Click all of the license rights granted herein; publish falsehoods or misrepresentations that could damage Next Click or any third party;
- Submit material that is unlawful, obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business; impersonate another person;
- Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Interfere with the integrity or performance of the Service or the data contained therein; or
- Attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. Next Click does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and Next Click expressly disclaims any and all liability in connection with ratings.
Next Click does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Next Click will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Next Click Mobile App user allegedly infringing the copyrighted work;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, Mobile number/Telephone, and if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be e-mailed to support.
- Next Click reserves the right to remove contents without prior notice. Next Click may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than once.
- Next Click also reserves the right to decide whether content or a Rating and/or Review is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Next Click may remove such contents and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Next Click Service you will be exposed to Ratings and Review submissions from a variety of sources, and that Next Click is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of Next Click.
You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Next Click with respect thereto, and agree to indemnify and hold Next Click, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Next Click Service.
F.Next Click reserves the right to discontinue any aspect of the Next Click Service at any time.
G. Right, But Not Obligation, to Monitor Submissions: Next Click does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.
- The material and the media used to provide the material (including the website) are provided "as is" and "as available" without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Next Click disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the media and materials. Next Click does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.
- Next Click disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the media. Some countries or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
- You may also have other rights that vary from country to country and jurisdiction to jurisdiction. In no event shall next click be liable to any user on account of such user's use, misuse or reliance on the media for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory.
- Even if next click is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the media or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any media.
- Next Click does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the media or other material accessible from the media. The user of the media assumes all responsibility and risk for the use of this media.
- The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.
- Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
Users using any of Next Click service across the following mediums i.e. through internet i.e. www.nextclick.in, Website, Next Click App, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with Next Click.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Next Click does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Next Click. Further, Next Click is not at all responsible for any act of Advertiser/s listed at Next Click.
LIMITATION OF LIABILITY
- In no event shall next click, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content,
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service,
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
- Any interruption or cessation of transmission to or from our servers,
- Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party,
- Any errors or omissions 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 next click client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or
- You specifically acknowledge that next click shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless Next Click officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Next Click Service;
- Your violation of any term of these Terms of Service;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party.
- This defense and indemnification obligation will survive these Terms of Service and your use of the Next Click Service.
POTENTIALITY TO ACCEPT TERMS OF SERVICE
Next Click Service: Only adults, who are at least eighteen (18) years of age, are eligible to use our service, whether for personal use or on behalf of a business.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Next Click without restriction.
- The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section.
- These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws' provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts at Hyderabad will have the exclusive jurisdiction.
- You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
- Next Click reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
- In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Next Click app reserves the right to seek all remedies available at law and in equity for violations of these Terms.
DATA PROTECTION REGULATIONS
- In the course of registering for and availing various services we provide from time to time through our Next Click mobile app and website www.nextclick.in("Website", telephone search, SMS and WAP) or any other medium in which Next Click may provide services (collectively referred to as "Media") you may be required to give your name, residence address, workplace address, email address, date of birth, educational qualifications and similar Personal Information ("Personal Information").
- The Personal Information is used for three general purposes: to customize the content you see, to fulfil your requests for certain services, and to contact you about our services via including but not limited to email's, SMS' and other means of communication. Unless otherwise stated explicitly, this Policy applies to Personal Information as disclosed on any of the Media.
- We are committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media. In furtherance thereof, we have this policy to demonstrate our good faith.
- This policy does not apply to the practices of organizations that we do not own or to people that we do not employ or manage.
- Personal Information will be kept confidential and will be used for our research, marketing, and strategic client analysis objectives and other internal business purposes only.
- We do not sell or rent Personal Information except that in case you are a customer of our search services through any of the Media, your Personal Information shall be shared with our subscribers/advertisers and you shall be deemed to have given consent to the same.
- Further, the subscribers/advertisers who are listed with us, may call you, based on the query or enquiry that you make with us, enquiring about any
- Product / Service or
- Product / Service of any subscriber / advertiser or
- Product / Service of any particular subscriber / advertiser.
- We will share Personal Information only under one or more of the following circumstances: -
- If we have your consent or deemed consent to do so
- If we are compelled by law (including court orders) to do so.
- In furtherance of the confidentiality with which we treat Personal Information we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
- We give you the ability to edit your account information and preferences at any time, including whether you want us to contact you about new services. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
- You acknowledge that you are disclosing Personal Information voluntarily. Prior to the completion of any registration process on our Next Click mobile app or prior to availing of any services offered on our Next Click mobile app, if you wish not to disclose any Personal Information you may refrain from doing so; however if you don't provide information that is requested, it is possible that the registration process would be incomplete and/or you would not be able to avail of the our services.
- If you are our corporate customer, it is possible that we have entered into a contract with you for non-disclosure of confidential information. This Policy shall not affect such a contract in any manner.
- If you have questions or concerns about these privacy policies; please send us an email at email@example.com
NOTICE OF PRIVACY
- Next Click is committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media. In furtherance thereof, we have this policy to demonstrate our good faith.
THE INFORMATION NEXT CLICK COLLECTS
Next Click may obtain the following types of information from your mobile phone device, which may include information that can be used to identify you as specified below ("Personally Identifying Information"):
You provide certain Personally Identifiable Information, such as your mobile phone number, and mobile device information to Next Click when choosing to participate in various uses of the Next Click app Service, such as registering as a user, and viewing ratings of contacts in your address book.
In order to provide the Next Click Service, Next Click will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers that have been used to avail Next Click services and to provide ratings of establishments we have received from users of these mobile numbers.
Next Click may access your location information to provide search results based on your geo location. This allows the software to provide relevant search results. Location data gathered from a mobile phone is used only to provide search results and is not used in any other manner whatsoever.
THE INFORMATION NEXT CLICK DOES NOT GATHER
Next Click does not collect emails, addresses or other contact information from its users' mobile address book or contact lists other than name and mobile phone numbers.
Next Click does not store historical location information of users in any form or manner at its end, except for last known location from which the Next Click software was accessed in case of non-availability of current location data.
Next Click App integrates with Facebook SDK and may send aggregate usage statistics to Facebook from time to time. Usage of information sent to Facebook is governed by Facebook's data usage policies which can be found at www.facebook.com/about/privacy.
THE WAY NEXT CLICK USES INFORMATION
If you submit Personally Identifiable Information to us through the Next Click mobile app, or Next Click Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Next Clickmobile app and Next Click Service. In particular, your mobile phone number is essential to your use of the Next Click Service and will be retained.
Your name (as it is saved in other user's mobile phone address book or contact list) may be displayed to other users if they tag your mobile number and access your ratings in the App. For more information on our ratings feature, please read the note below:
Next Click will use your mobile number and contacts list to identify friends in your network who have rated establishments and/or are users of Next Click Services. Next Click collects ratings in the following ways:
- When a user booked our service and is prompted to rate an establishment
- When a user rates establishments on the website or mobile site or Applications
WHERE ARE THE RATINGS SHOWN?
RATINGS DISPLAYED ON NEXT CLICK
- Ratings are displayed on various places on the website, mobile site and mobile applications in pages such as the overall ratings count page, search results pages, company details pages etc.
- User information such as mobile phone number is masked and personally identifiable information is not displayed unless user is registered with Next Click and is accessing the tag friends feature.
Your contacts list will allow Next Click app to provide you with ratings given by your friends and help make the experience on Next Click even better. Your friends' ratings will allow you to make a better decision about choosing a product/service/establishment onNext Click.
You can build your friends network and choose your friends on Next Click and access your friends' ratings across the range of our platforms including mobile site, website and our applications.
How Next Click uses your information?
- Next Click "tags" the contacts in your address book as your friends, but at any time, you can review the list of your tagged friends and choose to changeover phase any of them at any time. Identifying your contacts will hide your ratings from them and will also result in their ratings not being shown to you.
- Only users of Next Click will be displayed in your tagged friends list. If a contact in your address book has rated an establishment/s on Next Click, the ratings associated with the contact will be displayed as part of your friends' ratings.
- If a contact in your address book has used Next Click's service across any platform and has not rated an establishment, although their name is displayed in your friends list, no ratings will be shown associated with the said contact.
- If any of your tagged friends registers with our Service across Next Click's platforms, ratings of such a friend will be visible to you only if
- Your mobile number is present in his contacts list
- You have not been untagged by your friend
Next Click will also provide users with a privacy settings option that will allow the user to choose appropriate privacy levels. By default, the user's contact list will be used to identify friends in the network. A user may choose to allow anyone to tag him/her as a friend and may also choose to allow nobody to tag him/her as a friend.
- Remember information so that you will not have to re-enter it during your visit or the next time you use Next Click;
- Provide custom, personalized content and information;
- Monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and
- Track your entries, submissions, views and such.
When Next Click Discloses Information?
Other users of the Next Clickapp Service may see your ratings submissions in a way that is consistent with the use of the Next Click Service.
For example, a rating of "ABC Restaurant" on Next Click will be available to every user of the Next Click Service who has that mobile phone number in their mobile phone's address book or contact list and has tagged the mobile phone number as a friend in the Next Click App.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Next Click Service.
- You may, of course, decline to submit Personally Identifiable Information through the Next Click Service, in which case Next Click may not be able to provide certain services to you.
- To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the Next Click Service.
- Please contact Next Click via email to
Next Click is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, we will update this section.
OUR STANDBY TO DATA COLLATERAL
Next Click uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Next Click and you do so at your own risk.
SUPPORT TO PUSH NOTIFICATION
You agree and confirm that any review, rating and comments, including any other content or data therein, that you submit/post on Next Click platforms viz. WEB, WAP, APP & Phone etc. such details as per Next Click's discretion will be shared with your Tagged Friends who are the users of Next Click's services.