Terms of Service
A. The website www.thynkblynk.com and www.chaintrail.com (hereinafter referred to as ‘Website’), owned by ThynkBlynk Technologies Private Limited, a private limited company incorporated under the Companies Act 2013 having its registered office at 315, Teja, My Home Navadweepa, Madhapur, Hyderabad-500081, India and also operating as ThynkBlynk LLC, a Delaware Limited Liability Company incorporated under the provisions of Delaware Limited Liability Company Act operating from 3524 Silver Side Road Suite 35B, Wilmington, DE 19810, USA represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
B. For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires:
- "You" or "User" shall mean any natural or legal person including an entity (institution) who has agreed to become a user or customer (including employees, agents and members) of the Website by logging into the Website. The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship
- "We", "Us", "Our", ‘Company’ “ThynkBlynk” shall mean ThynkBlynk Technologies Private Limited and ThynkBlynk LLC
- “Agreement Period” shall refer to the period for which the User engages the services of the Website.
- “Content” or “User Data” means any eDocuments, materials, data and/(or) information that You or User upload, share, receive, transfer or use in Our Services including, not limited to, any personal data about Customer, Users and information contained in eDocuments. Customer Data shall not include any component of Our Services or material provided by or on behalf of ThynkBlynk.
- “Services” shall mean the services provided on the Website.
- “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
C. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
D. Similar to the headings, any wordings or sentences in Capital Letters or highlighted in BOLD shall not be used by either party to interpret the provisions contained under them in any manner and shall have no legal or contractual value
G. We hold the sole right to modify the Agreement without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Agreement and stay updated on its requirements. If You continue to use the Website or avail any of its Services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Agreement, including but not limited to compliance with the Agreement even after alterations, if any.
H. By using this Website, it is deemed that You have consented to receive electronically all communications, agreements, and notices that We provide in connection with any of Our Services, including by e-mail, text, in-app notifications, or by posting them on the website or through any Services. You agree that all Communications that We provide to You electronically satisfy any legal requirement that such Communications be in writing.
IF YOU DO NOT AGREE TO THIS AGREEMENT AND ITS TERMS, YOU ARE NOT PERMITTED OR AUTHORIZED TO USE OUR SERVICES. PLEASE DISCONTINUE USING THIS WEBSITE. YOU MAY NOT ACCESS OR USE OUR SERVICES IF YOU ARE A DIRECT COMPETITOR TO US. IN THE EVENT OF SUCH REQUIREMENT YOU SHALL GET OUR EXPLICIT, ADVANCE, WRITTEN CONSENT, AND SHALL BE USED ONLY FOR THE PURPOSES AUTHORIZED IN WRITING.
2. ABOUT US
ThynkBlynk is a technology company that has created www.chantrail.com, an online subscription service bolted on top of permission Blockchain designed to create inter-party trust in user interactions.
3. YOUR CONTENT
You retain ownership of all Content You submit, post, display, or otherwise make available on the Service. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Any use or reliance on any Content or materials posted via the Services or obtained by You through the Services is at Your own risk. When You use Our Services, You provide Us with things like Your files, content, messages, contacts and so on ("Your Content"). Your Content is Yours. These Terms don't give Us any rights to Your Content except for the limited rights that enable us to offer the Services. By using our services, You are giving us permission to do things like hosting Your Content, backing it up, and sharing it when You request us. Our Services also provide You with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing and searching. These and other features may require Our systems to access Your Content. You give us permission to do those things, and this permission extends to Our affiliates and trusted third parties We work with. Our Services let You share Your Content with others, so please think carefully about what You share.
Any information You put on Your profile and any Content You post on Website may be seen by others. We don’t provide any of Your non-public information (like Your email address) to Third Parties without Your consent, unless required by law. Other people may find Your profile information through search engines (You can choose which parts of Your public profile are accessible to public search engines in Your settings).
4. SCOPE OF SERVICES AND HOW WEBSITE OPERATES
We offer an internet based Service platform which enables identity and credential based transaction and is operated on a cloud using permissioned blockchain The Website Users include individuals, institutions represented by a person or an administrator, minors represented by their legal guardians and/(or) legally authorized person who represent an individual. The Users can upload their personal and professional information. The Users also have an option to upload and receive credentials or eDocuments. The Individuals shall directly login into the Website and upload their credentials or eDocuments and transfer or transact the same with any concerned party. However, institutions, legal representatives and legal guardians of minors must sign an undertaking which establishes their right to login and access on behalf of the parties they are representing. The credentials or eDocuments transacted shall then be transferred to the respective party/parties.
The Website offers different plans to the User which would enable them to have a better participation in the Website and to create a brand exclusively for the User. The Company reserves the right to amend the fee policy for use of the Website and the charges for any or all Services rendered. In such an event, the User will be intimated of the same when it attempts to access the Website, and the User shall have the option of declining to avail the Services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
8. MODE OF PAYMENT
The following payment options are available on the Website:
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks
- Visa & Master Card Debit cards
- Net banking/Direct Debit payments from select banks.
The Website uses Third Party payment gateway(s) to handle financial transactions on the Website. We are not responsible for these third Party services. Such services depend on the respective Third Party legal terms. The billing details such as the User’s name and billing address, provided during payment should be up-to-date. Payment information of Users using Our services on the Website is stored in a basic encryption format on the respective payment gateway’s database servers. This encrypted information can be decrypted to reveal the original information. This information is provided to us by the Third Party payment gateway services We use to provide online payment functionality, and hence, may contain certain personal information. We are not responsible for what information is sent to us and it’s stored as it is sent to us via third Party and We cannot control the information sent. However, storage of this information is necessary for legalities and auditing as well as for verification and more. Currently, the information stored that may be deemed personal to the User is their first name, last name, mobile number, Email ID and their address zip code. If You wish to dispute a payment regarding Your account, You may talk to our Support staff directly.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website, including but not limited to downloading content and availing its service partner’s service.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. The User information is as secure as shall be offered by any reasonable company and may not be protected against intentional breach or hack done with a fraudulent intent
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website. You may terminate Your use of the Service at any time by ceasing to use the Service. We may terminate these Terms and close Your account at any time without notice, if We cease to provide the Services. We may suspend or terminate Your use of and access to the Website at any time and for any reason, in Our sole discretion. Such suspension or termination shall not limit Our right to take any other action against You that We consider appropriate.
12. USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
A. Our Services are intended to users whose age is at least 18 years or who has the legal capacity to either have an email independently or contractual capacity to transact independently. You hereby certify that You have the legal capacity to be an User. You are governed by the laws of the country where You are a citizen in this regard. In most countries, You should be at least 18 years of age.
B. You agree to ensure the email address provided in Your account registration is valid at all times and shall keep Your contact information accurate and up-to-date.
C. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
D. You undertake not to:
- Use our Services or allow access to it in a manner that circumvents contractual usage restrictions
- License, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any portion of Our Services or Documentation available for access by third parties except as otherwise expressly provided in this Agreement
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, decompile, disassemble, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or partial reproduction or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. You shall not otherwise attempt to derive source code or other trade secrets from or about any of ThynkBlynk Products or Services unless expressly permitted in this agreement or by applicable law. Should You want to engage in one or more such actions, prior permission from Us must be obtained
- Access (or attempt to access) the Website and/or the materials or services by any means other than through the interface that is provided by the Website . The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content
- Use the Website or in any manner that may impair, overburden, damage, disable or otherwise compromise (i) ThynkBlynk’s Services; (ii) any other party's use and enjoyment of ThynkBlynk’s Services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device)
- Use the Services or materials for any unlawful purposes or to conduct any unlawful activity, including but not limited to fraud, embezzlement, money laundering or identity theft
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the )
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's mobile phone
- Download any file posted on the Website that You know, or reasonably should know, cannot be legally distributed in such manner
- Probe, scan or test the vulnerability of the Website or any connected network , nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website , or exploit the Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website or any affiliated links
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other Third Parties
- Violate any applicable laws or regulations for the time being in force within or outside Your home country
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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 unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 in India or any other similar laws that is currently applicable in various countries.
- Threaten the unity, integrity, defence, security or sovereignty of Your home country, 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
- Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside Your home country.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, We have no obligation to do so. We aren't responsible for the content people post and share via the Services We may suspend any use of Our Services, or remove or disable any Account or content that ThynkBlynk reasonably and in good faith believes violates this Agreement. We will use commercially reasonable efforts to notify You prior to any such suspension or disablement, unless We reasonably believe that: (a) it is prohibited from doing so under applicable law or under legal process, such as court or government administrative agency processes, orders, mandates, and the like; or (b) it is necessary to delay notice in order to prevent imminent harm to Our Services or a third party. Under circumstances where notice is delayed, We will provide the notice if and when the related restrictions in the previous sentence no longer apply.
13. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
No right, title or interest in any intellectual property right transfers to the other party, except for the limited rights stated in the Agreement. User is not obligated to provide ThynkBlynk or its Affiliates with any suggestions, enhancement requests, or other feedback about the Services or related technology. However, if User does provide any feedback to ThynkBlynk, ThynkBlynk may use and modify it without any restriction or payment.
A. All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use Our Content only through the Website, and solely for Your personal, non-commercial use.
B. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
C. ThynkBlynk or its licensors own all right, title and interest in and to any and all copyrights, trademark rights, patent rights, database rights and other intellectual property or other rights in and to ThynkBlynk Services and Documentation, any improvements, design contributions or derivative works thereto, and any knowledge or processes related thereto and/or provided hereunder
15. COPYRIGHT COMPLAINTS
We respect the intellectual property and copyright of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us at email@example.com. Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, You represent and warrant:
A. You own or otherwise have all necessary rights to the content You provide and the rights to use it as provided in this Agreement
B. All information You provide is true, accurate, current and complete, and does not violate these Agreement
C. The information and Content shall not cause injury to any person or entity. Using a name other than Your own legal name is prohibited.
You authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use Your name and any other information in connection with its use of the material You provide. You also grant the right to use any material, information, contained in any communication You send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You.
A. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ by changing the contents in the webpage(s) of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
B. The Website has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
C. Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on any of the webpages of the Website.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect Email ID or if for any other reason You do not receive the email notice. Therefore, We encourage You to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new Services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
A. You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to :
- Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content
- Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
B. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
18. GEOGRAPHICAL EXTENT
The Website can be used in all countries worldwide. We make no representation that the content available through Our Website is appropriate or available for all countries. Currently all content is hosted in India. If You access or use the Website in any countries where the Website is prohibited, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
19. DISCLAIMER OF LIABILITY AND WARRANTIES
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The application, services and other materials are provided by this application is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the company makes no warranty that:
A. Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free
B. Materials, information and results obtained will be effective, accurate or reliable
C. Any errors or defects in the application, services or other materials will be corrected to the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
D. The user understands and agrees that any material or data downloaded or otherwise obtained through the application is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. The company accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.
E. We shall not be liable for any third party product or services. The advertisement available on e-mail or application with respect to the third party application or the products and services are for information purpose only.
20. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
A. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
B. Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Hyderabad, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of, Hyderabad, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
No Class Action or Representative Collective Action or Public Interest Litigation or Suits in Similar Nature. Any such disputes or claim shall be first mediated and subsequently arbitrated (where mediation does not yield result) on an individual basis, and may not be consolidated with any claim or controversy of any other party and cannot be brought as a class action or on a representative basis or as a public interest litigation or suits in similar nature.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, certified or registered mail; or insured courier, or the email firstname.lastname@example.org and with a copy of the notice in the case of ThynkBlynk, to (email of ThynkBlynk Legal Team). Either party may change its address for receipt of notice by notice to the other party through a notice provided in accordance with this Section.
23. MISCELLANEOUS PROVISIONS
A. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
B. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
C. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
D. Liability: The Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere. Other than for the types of liability We cannot limit by law (as described in this section), We limit our liability to You to the greater of $12 USD or 100% of any amount You've paid under Your current service plan with Us.
E. Assignability. You may not assign Your rights or obligations under this Agreement without ThynkBlynk’s prior written consent. If consent is given, this Agreement will bind Your successors and assigns. Any attempt by You to transfer Your rights, duties, or obligations under this Agreement except as expressly provided in this Agreement is void. ThynkBlynk may freely assign its rights, duties, and obligations under this Agreement.
F. Force Majeure. Except for any payment obligations, neither party will be liable for failure to perform any obligation under this Agreement to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
24. CONTACT US
If You have any questions about this Agreement, the practices of the Website, or Your experience with the Service, You can e-mail us at email@example.com.