Terms of Use

Aviyen Risk Management Services Private Limited (“Aviyen”) adheres strictly to data privacy laws and in order to ensure compliance with the same, Aviyen has established these terms and conditions set forth herein, which shall be amended as and when required by Aviyen (the “Terms of Use”). Aviyen understands the importance of, and prioritises, protection of personal data. This Terms of Use envisages and explains the manner in which data is collected and the manner in which it is used in relation to the website www.aviyen.com (the “Website”). By visiting the Website you agree to be bound by the terms and conditions of this Terms of Use. If you do not agree to the same please do not access the Website. By mere use or access of the Website, you expressly consent to our use and disclosure of your information in accordance with this Terms of Use.

Only authorized individuals are permitted to access the Website. Any attempt by an unauthorized entity to access the Website (which includes its information & contents) are liable to be proceeded against in accordance with the law.

Aviyen operates the Website to provide online access to information and services to its clients. By accessing and using the Website, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of the Website or to particular content or transactions are also posted in those particular areas of the Website and, together with these “Terms of Use”, govern your use of those areas, content and/or transactions. These “Terms of Use”, together with applicable additional terms and conditions, are referred to as this "Agreement".

Aviyen reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

Only authorized individuals may use the Service, the Website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Website (singly or collectively, the “Content”) solely for authorized business purposes. No right, title or interest in any content is transferred to you, whether as a result of downloading such content or otherwise. Aviyen reserves complete title and full intellectual property rights in the creation of the Website& its contents, except those belonging to its clients under authorized business agreements.

Except as expressly authorized by this Agreement or any other relevant Agreement between Aviyen and its clients, you may not use, alter, copy, distribute, transmit, or derive another work from any content obtained from this Website or the Service.

By accessing, browsing and/or using this website you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this website. This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this website may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that Ace Services may, in its sole discretion and without notice, change these terms at any time by updating this posting.

Aviyen makes no representations whatsoever about any other website which you may access through the Website. When you access a website other than this Website, please understand that the other website is independent from Aviyen / www.aviyen.com, and that Aviyen has no control over the contents, images, or any other material in any form on said other website, even if Aviyen offers information or services to the owner of that website. In addition, Aviyen does not endorse or accept any responsibility for the contents, images, or any other material available on other websites. Aviyen disclaims any and all liability and responsibility for such contents, images, or any other material in any form present on otherwebsites. It is up to you to take the necessary precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and/or other items of a destructive or offensive nature.

The Website and its Content are protected by Indian and/or foreign copyright laws, and belong to Aviyen except as stated herein. None of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, audio or video recording, or otherwise, without the prior written permission of Aviyen or the copyright owner. You may not “mirror” any material contained on the Website without express written consent or permission by Aviyen. Any unauthorized use of the materials contained on the Website may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on the Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Aviyen or its licensors and is protected by judiciary governing under Indian Legal System and copyright laws. All rights not expressly granted are reserved.

The logos (the “Trademarks”) used and displayed on the Website are registered Trademarks or Service marks of Aviyen. Other trademarks, service marks and trade names may be owned by others. Nothing on the Website should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark or any other Aviyen intellectual property displayed on the Website. Aviyen uncompromisingly enforces its intellectual property rights to the fullest extent of the law. The Trademarks or Service marks owned by of Aviyen shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without prior written permission from Aviyen. Aviyen also prohibits use of the Website and any other Trademarks as part of a link to or from any website unless establishment of such a link is approved in advance by Aviyen in writing.

You agree that any material, information, or data you transmit to us or post to the Website (each a "Submission" or collectively "Submissions") will be considered as acceptable to you. For all such Submissions, you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity. Some of our services allow you to upload, submit, store, send or receive content. You retain ownership of any applicable intellectual property rights that you hold in any such content you provide.

When you upload, store, submit, send or receive content to or through our services, you give Aviyen (i.e. www.aviyen.com) and those we work with, a worldwide license to use, host, and store such content. The rights you grant in this license are for the limited purpose of operating, promoting and improving our services and to develop new ones. Some services may offer ways to access and remove content that has been provided to that service. Also, in some of our services there are terms and settings that narrow the scope of our use of the contents submitted in those services. Make sure you have the necessary rights to grant us this license for any content that you submit to our services.

You hereby waive any and all claims against Aviyen for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Aviyen’s use and publication of such Submissions on the Website.

Aviyen does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Website by any user of this Website, information provider or any other third party. Aviyen expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be your sole option, liability and risk. You covenant that you shall not post or otherwise publish on the Website any materials that: (i) are threatening, libellous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Aviyen in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Website, in whole or in part, for any reason.

These Terms of Use envelops two categories of information, namely, personally identifiable information (the “PII”) and the non-personally identifiable information (the “NPII”). PII essentially includes, but is not limited to, information which can be used to identify, contact or locate you such as your name, home and business address, email addresses, contact details, and your login details. NPII includes, but is not limited to, your IP address, cookies, third party’s cookies and web pages that have been viewed by you on the Website. PII and NPII shall hereinafter be jointly referred to as the “Information”. In order to register on the Website, we will collect PII.

Aviyen undertakes that it shall not provide, distribute, trade, sell or rent your Information provided on the Website or related to past use of the Website to any third party, except as provided in theseTerms of Use herein or through any other Agreement with its clients or instruction issued by Aviyen.

It is important that you understand that Aviyen assembles all your Information as a whole and uses it cumulatively. Aviyen shall not divulge any of your Information unless expected to by applicable law or in the manner envisaged in these Terms of Use. Aviyen uses your Information cumulatively in order to determine ways in which it can create an improved overall experience for you. Aviyen shares your Information with its affiliates and its collaborators but only in the cumulative form which helps Aviyen further understand how you, collectively, use the Website.

Aviyen may collect your PII, voluntarily submitted by you for purposes including, but not limited to, identification, authentication, billing, and contacting you with notifications or emails.

Aviyen strives to achieve secrecy and confidentiality of your Information as per industry standards and applicable law. Aviyen vis-à-vis its internal checks, makes best efforts to ensure that there is no unauthorised monitoring or collection of Information.

You understand and agree that Aviyen may use Information in order to improve marketing as well as promotional efforts which allows Aviyen to analyse the Website usage, improve its content, product offerings and customize the content and layout of the Website.

You understand and agree that Aviyen may transfer Information to other countries subject to applicable data privacy laws in a particular country, for the purpose of carrying on various transactions on the Website.

Aviyen along with its authorised employees, consultants and associates work closely with third parties engaged by Aviyen. It is important that you understand that these Terms of Use shall allow Aviyen to use and disclose all your Information to such authorised employees, consultants, associates and third parties engaged by Aviyen. Due care shall be taken to with a view to ensure that Information provided to such third parties shall not identify you personally. However, such third parties are bound to keep information they receive from Aviyen confidential and protect it as per industry standards and applicable law.

You must understand that in order to troubleshoot problems, or comply with applicable laws, judicial and regulatory orders and/or other related issues, Aviyen shall use your Information and any other information that it may acquire from your activities on the Website.

Notwithstanding the above, it is important that you are aware that when you disclose your PII on the Website, such PII along with any information disclosed by you, can be collected and used by third parties and may result in unsolicited messages from other users or third parties. Aviyen disclaims any liability or responsibility for any consequence arising out of, or in relation to the same.

You understand that while your account is active to use the App or the Website, Aviyen shall retain your Information and use it any manner in order to comply with its legal obligations.

There may be delays, omissions or inaccuracies in information obtained through your use on the Website. The information on the Website is provided to you with the understanding that Aviyen’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services.

Information on the Website is generated through the data / information as submitted by you. Aviyen Safety Management System thereafter processes information in accordance with the best practices and guidelines governing risk management. Information on the Website should be considered as guidance so that informed decisions may be taken. Aviyen does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Website by Aviyen, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, Aviyen does not grant any license or other authorization to you to use the Website in any manner if such use in whole or in part suggests that Aviyen promotes or endorses a third party’s causes, ideas, political campaigns, political views, websites, products or services.

Aviyen may alter, suspend or discontinue the Website and your access to use the Website at any time for any reason without notice or liability to you or any third party. The Website may become unavailable due to maintenance or malfunction of computer equipment or for other reasons. Though Aviyen will make every effort to make the Website secure, the user shall be solely responsible for ensuring that their computer systems are adequately protected with necessary anti-virus software against malicious computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.

The contents available at the Website are provided on an “As Is” basis without any warranties of any kind, express or Implied. Aviyen does not provide warranty for any operations performed by the users on the Website. To the fullest extent permissible by the applicable laws, Aviyen disclaims all warranties, whether expressed or implied, but not limited to the implied warranties of merchantability, fitness for particular purpose, and non-infringement.

In no event shall Aviyen and its partners / alliances, or its employees be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from or arising under or in connection with use or access or inability to use or access the Website or its contents or documents, whether based on any warranty, contract, tort, or any other legal document or any other legal implication or theory, in any case, including whether or not the the user’s organization is advised or informed of the possibility of such damages.

You agree to indemnify and hold harmless Aviyen and its partners, subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of the Website in any manner, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these “Terms of Use” and against any applicable law.

Aviyenhosts the Website (and related data) on a third-party Cloud Service provider. As a result, the overall responsibility and accountability of Aviyen shall be governed/guided by the terms and conditions of such third-party service provider.

In no event, the total liability of Aviyen or our software licensor’s liability to you for all damages (other than as may be required as per applicable law in cases involving personal injuries) arising out of or related to your use or inability to use the software exceed an amount you paid for the services related to your claim for damages.

Aviyen will have no liability for loss, damage or misappropriation of your files under any circumstances or for any consequences related to changes, restrictions, suspensions or termination of the service or the Agreement.

Aviyen reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these “Terms of Use” in whole or in part, at any time. Your continued use of the Website will be considered acceptance of those changes.

Aviyen may limit, suspend or stop proving the services to you if you fail to comply with these terms (such as failure to pay fees when due) or you use the services in a way that causes legal liability to us or disrupts others’ use of the services. Aviyen may also suspend providing services to you if we are investigating suspected misconduct by you. If we suspend or terminate the services you receive, we will endeavour to give you advance notice. However, there may be time sensitive situations where Aviyen may decide that we need to take immediate action without notice.

The Website is controlled, operated and administered by Aviyen from its offices within India. Aviyen makes no representation that materials on the Website are appropriate or available for use at any other location(s) outside India. Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If you access the Website from a location outside India, you are responsible for compliance with all local laws.

These “Terms of Use” shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court(s) in Mumbai, India, will have the exclusive jurisdiction to resolve all disputes arising under these “Terms of Use” and You hereby consent to personal jurisdiction in such forum.

These “Terms of Use” constitutes the entire agreement between Aviyen and You with respect to your use of the Website. If any provision(s) of this “Terms of Use” is held by a court of competent jurisdiction to be contrary to law then such provision(s) shall be severed from this “Terms of Use” and the other remaining provisions of this “Terms of Use” shall remain in full force and effect.

These Terms of Use have been last revised on 10 December 2018.