Terms & Conditions
Welcome to NambiShaer! The easy and secure way to share Trust Credentials.
By registering in NambiShaer application and accessing its services, the user is accepting the following terms and conditions. The “user” here, represents any prospective user, registered user of Nambishaer app and its platform.
- 1. User is of legal age (above eighteen (18)) and capable of entering into a legally binding agreement and not barred or prohibited from accessing or using the application and its services.
- 2. If the user allows anyone else to use the account, including other legal adults, the user is still responsible for ensuring that they adhere to the terms and conditions.
- 3. The user is expected to read the terms and conditions, before registering, accessing, or using the Nambishaer Services through the Nambishaer App and its affiliates.
- 4. These terms and conditions are a legal contract ("Terms and Conditions") between the user and Sreeyes Software and Business Consultancy LLP and its registered office at BLOCK 2, FLAT 1-J, 263/33 VELACHERY MAIN ROAD, VELY NA CHENNAI Chennai Tamil Nadu 600042. The user agrees and acknowledges that the user has read the terms and conditions set forth below. If the user does not agree to these Terms and Conditions or do not wish to be bound by these Terms and Conditions, the user may not use the Nambishaer Services and/or immediately terminate the Services and/or uninstall the Nambishaer App.
- a. The user may not violate any applicable law or regulation.
- b. The user may use the Nambishaer app and its platforms only for personal use and purposes.
- c. The user may possess only one account per user.
- d. All the registration information provided by the user is truthful, complete and accurate and user agrees to maintain accurate up-to-date account information in your account.
- e. The user is responsible for ALL activity that occurs under the user’s account.
- f. The user is responsible for maintaining the confidentiality of the access credentials of the user’s account and are fully responsible for all activities that occur under the user’s account. The user agrees to immediately notify Nambishaer of any unauthorized use of the passcode or account or any other breach of security.
- g. The user agrees that the user is aware and responsible for all transactions taking place through the user’s account.
- h. The user shall not indulge in reverse engineering, delete content, decompiling, disassembling content, removing any intellectual property right associated with the Nambishaer App, including Nambishaer copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
- i. The user shall not access or use the Nambishaer App in any manner that is harmful, unlawful, harmful to other Nambishaer app users, hinder other users’ use or to defraud other users and Nambishaer app platform.
- j. The user’s continued use of the Nambishaer app shall indicate that the user has provided consent to automatically receive updates such as bug fixes, enhancements, patches, plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Nambishaer Services. Please note that your continued use of the Nambishaer App following such Updates would mean acceptance by you of the same.
- k. The user shall request Nambishaer, to block the Account and change the passwords immediately for the account, if the user’s device has been lost or stolen.
- l. If Nambishaer platform believes that the user has violated any of the Terms and Conditions as mentioned under these Terms and Conditions, Privacy Policy etc., Nambishaer platform reserves the right to suspend the user’s access to the Nambishaer App and/or delete the user’s account without prior notice to the user.
- n. The user is responsible for any fees that may be applicable to certain transactions or use of the Nambishaer App and the user will be notified of such applicable fees, prior to the completion of any transaction. By clicking ‘Proceed’ / ‘Submit’ / ‘Continue’ or any other similar button on the Nambishaer App, the user shall be deemed to have consented to the fees displayed on the said page.
- o. The Nambishaer app collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Conditions, the user also hereby agrees to our Privacy Policy, which may be updated and/or modified by us from time to time. The user is expected to understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the Nambishaer Services may be shared with our subsidiaries, affiliates or partners, and/ or used by Nambishaer platform for enhancing the Nambishaer Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject.
- p. Nambishaer Services, including all content, software, functions, material, and information made available or accessible through the Nambishaer Platform are provided “as is”. Nambishaer, Software and Business Consultancy LLP and their respective agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Nambishaer Services.
- q. Nambishaer does not warrant that the functions contained in content, information and materials on the Nambishaer App, including, without limitation any third-party sites or services linked to the Nambishaer App or any Nambishaer Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Nambishaer App or the servers that make such content, information, and materials available are free of viruses or other harmful components.
- r. The user understands that the Trust Credentials and PDF documents sent is solely between the User who uses the Nambishaer Services to create the Trust Credentials (“Sender”) and the User who receives such Credentials from the Sender (“Recipient”) and that Nambishaer does not provide any guarantees or warranties to any User with respect any service, goods, or delivery level commitment provided by the Recipient. Nambishaer cannot assure that Commercial Partners or other Users are or will be complying with the foregoing Terms and Conditions or any other provisions mentioned here. The user assumes all risk of harm or injury resulting from any such lack of compliance by any other User or Commercial Partner. The user should ensure that the user has undertaken adequate due diligence prior to transferring credentials using the Nambishaer App.
- s. In no event shall Nambishaer, Nambishaer platform entities, Sreeyes software and business consultancy LLP, their officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to the user or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Nambishaer has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Nambishaer App, Platforms, or Services.
- t. In no event shall Nambishaer and Nambishaer Entities’ total cumulative liability to the user in connection with the Nambishaer Services for all damages, losses and causes of action (whether arising under contract or otherwise), arising from or relating to the use of the Nambishaer App and Nambishaer Platforms or arising from these Terms and Conditions exceed INR 1,000 (Indian Rupees one thousand only).
- u. The user agrees to defend, indemnify and hold harmless Nambishaer App, Nambishaer platform, Sreeyes Software and Business Consultancy LLP, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from the user’s use of and access to the Nambishaer App and platforms, the user’s violation of any Terms and Conditions, violation of any intellectual property right or privacy rights, user’s committing or mis-use of any of the prohibited activities stated herein, the user’s failure for compliance with any applicable state or central government laws, tax laws, cyber security laws etc., and any claim that the user’s use of the Nambishaer app caused damage to a third party.
- v. In consideration for Nambishaer granting the user access to and use of the Nambishaer App, Nambishaer Platforms and Services, the user agrees that in case of any dispute between the user and any Commercial Partner or other User or recipient of the trust credentials transferred by the user, Nambishaer shall NOT be a party to the same.
- w. Except as otherwise set forth in these Terms and Conditions, these Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Nambishaer Services or these Terms and Conditions, including those relating to its validity, its construction or its enforceability, but excluding those provisions where it has been specified that Nambishaer’s decision shall be final, (any “Dispute”) shall be, if initiated by the User, first raised by the user to sreeyes.sw@gmail.com. If such Dispute has not been settled within sixty (60) days after the user reaches out to the aforementioned email IDs, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). Provided however when Nambishaer raises any dispute, Nambishaer may directly initiate arbitration in accordance with this clause. The Dispute shall be resolved by one (1) arbitrator to be appointed by Nambishaer. The place the arbitration shall be Chennai, India. The language of the arbitration shall be English. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
- x. Nambishaer App and platform and Nambishaer logos and Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the Nambishaer App including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Nambishaer/Sreeyes Software and Business Consultancy LLP express written permission. The user is hereby given a limited licence to use the Nambishaer App and the Platforms, subject to your agreement of these Terms and Conditions.
- y. Nambishaer and Sreeyes Software and Business Consultancy LLP, and its licensors are the sole owners of the underlying software and source code associated with the Nambishaer app and platforms as well as any other intellectual property rights of any other nature associated with the Nambishaer App, platforms and their content.
- z. When the user uploads, submit, store, send or receive content through the Nambishaer App, you give Nambishaer and Sreeyes Software and Busniess Consultancy LLP Entities a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not expire even if it is not used by Nambishaer or Nambishaer Group Entities. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the Nambishaer Services, and to develop new ones. This licence continues even if you stop using the Nambishaer Services.
- aa. The user hereby agree to comply with any and all applicable state and central government tax laws in connection with your use of the Nambishaer services.
- bb. The Nambishaer App, Services and all your transactions with the Nambishaer App, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. The user agrees that subject to the Disputes & Arbitration Clause above, all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Chennai, Tamil Nadu, India.
- cc. No joint venture, partnership, employment or agency relationship exists between the user, Nambishaer, Nambishaer Group Entities or any Third Party as a result of the contract contained in these Terms and Conditions. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms and Conditions but the legality, validity and enforceability of the other provisions in these Terms and Conditions shall not be affected. In that event, Nambishaer shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms and Conditions (together with any additional terms displayed in specific sections of the Nambishaer app and platform) constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
- dd. Nambishaer may amend these Terms and Conditions at any time by posting an updated version in the related websites. The updated version of these Terms and Conditions shall supersede the previous version of the Terms and Conditions and take effect immediately upon posting.
- ee. If the user has any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle the user’s information, please feel free to contact customer support within the Nambishaer app or via email at sreeyes.sw@gmail.com or nambishaer@gmail.com