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Terms & Conditions

This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. 

This electronic record is generated by a computer system and does not require any physical or digital signatures.

Introduction:

Procyon Star Private Limited, having its registered office at 67-B, Gopalmansion CHS Ltd. Gurunanak Road, Opp Kooper Bandra West Mumbai, Maharashtra – 400050 (“Circolife”), is the owner of the Platform (defined below). 

Circolife requests the User (as defined below) to carefully go through these terms & conditions (“Terms of Service” or “Agreement” or “TOS” or “Terms”) prior to accessing to the Platform or availing Services (as defined below) using the Platform. If the User continues to browse and use the Platform to avail Services, User irrevocably and unconditionally is agreeing to comply with, abide by and be bound by all these obligations as stipulated in this TOS, which together read with our privacy policy available at www.circolife.com/privacypolicy [●] (“Privacy Policy”), and any other applicable policies referred to herein or made available on the Platform (collectively referred as “Terms and Conditions” or “T&C’s”). The T&C’s shall govern Circolife’s relationship with the User in relation to the usage of the Platform. These T&C’s supersede all previous oral, written T&C’s (if any) communicated to the User and shall act as a binding agreement between Circolife and the User.

IF USER DO NOT AGREE TO BE BOUND BY ALL T&C’S CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR THE SERVICES.

Definitions:

  1. “Air Conditioner” shall refer to the air conditioning units owned by the Circolife and offered / provided to the User for the Subscription Term. 
  2. “Applicable Laws” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, government approval, directive, guideline, notification, requirement or other governmental restriction or any decision or determination by, or any interpretation, policy or administration of any of the foregoing, by any government authority having jurisdiction over the matter in question, whether in effect as on the date of this Agreement or thereafter.
  3. “Circolife Materials” means and includes all written and oral instructions provided by Circolife to the User either via the Platform or in physical form or in the form of audio, video, written and oral content. 
  4. “Intellectual Property Rights” or “IPR” means any and all intellectual property rights in perpetuity and worldwide arising under statutory law, common law or by contract and whether or not perfected, including without limitation, all: (i) patents, patent applications and patent rights; (ii) rights associated with works of authorship including copyrights whether registered or unregistered, copyright applications, copyright registrations, (iii) trademarks and service mark (iv) any rights analogous to those set forth in this clause and any other proprietary rights relating to intellectual property; and (v) any renewals, reissues and extension of the foregoing now existing, hereafter filed, used or acquired, and whether registered or unregistered.
  5. “Maintenance” includes routine maintenance of Air Conditioner(s) including but not limited to gas leakage repairs, motor or compressor malfunction any other issue that may arise in the Product as determined by the CIRCOLIFE.
  6. “Platform” means and includes the CIRCOLIFE’s website titled “Circolife” (available at-https://www.circolife.com/) and the CIRCOLIFE’s mobile application titled [●] CircoLife available on Google PlayStore and Appstore.  
  7. “Security Deposit” means an amount of [●] paid by the User to the CIRCOLIFE prior to the installation of the Air Conditioner(s). 
  8. “Services” refer to the provision of Air Conditioners to the User under a subscription-based model, in the quantity and for the duration chosen by the User, in exchange for the specified Subscription Fees. This includes repair and Maintenance services at a no cost basis. 
  9. “Subscription Terma period of three (3) / five (5) / seven (7) years as selected by the User to avail the Service and in lieu of which the User shall pay the Subscription Fees to Circolife. The Subscription Fees shall not include any tax component. 
  10. “Subscription Feesmeans the rental amount paid by the User for the Air Conditioner (s) installed at the User’s Premises for the duration of the Subscription Term. For the purposes of this Agreement, the Subscription Fees is more particularly set out in Annexure-3 of this Agreement.
  11. User” shall mean any individual/entity who avails or who wishes to avail the Services as offered on the Platform.
  12. “User Account” shall mean account created by the User using the Platform to avail the Servcies provided by Circolife.  
  13. User Materials” User may submit various materials to Circolife in the form of audio/video/written content/KYC Documents for verification. 
  14. “User’s Premises” shall mean the address as submitted by the User on the Circolife’s Portal for delivery and installation of the Air Conditioner’s. 

Scope of the Service:

  1. Circolife agrees to provide the Air Conditioner (s) to the User for his/ her use and enjoyment for the Subscription Term, on a subscription-based model, in lieu of the Subscription Fees. The CIRCOLIFE shall also provide installation services, repair services and Maintenance services with respect to the Air Conditioner (s). 
  2. The Services (including, without limitation) is provided only for User’s own personal and non-commercial use.
  3. The Services provided through the Platform may change from time to time, at the sole discretion of the Circolife.

Subscription rights and scope:

  1. Circolife is and shall continue to remain exclusive owners of the Air Conditioner(s) and the User has the limited right to use the Air Conditioner(s) for the Subscription Term. 
  2. The User by continuing to use the Platform acknowledges that Circolife has the full tittle and ownership of the Air Conditioner(s). 
  3. The User shall immediately notify the Circolife in case the Air Conditioner(s) suffer any damage, loss, or actual or threatened lien, encumbrance and seizure. In such cases, the User shall indemnify and hold Circolife harmless against all loss and damages caused by such action.
  4. The User by continuing to use the Platform acknowledges that Circolife is the owner of the Platform and the User has a non-exclusive, non-transferable, revocable right to use the Platform for availing offered by Circolife. 

User Account usage: 

  1. The User understands that to avail the Services provided by Circolife, the User shall register on the Platform and create a User Account using his Phone Number and email address . 
  2. The User understands that it is his sole responsibility to protect his login credentials and Circolife shall not be responsible for the same. 
  3. The User understands that he may use his personal User Account to request an installation service, repair service, Maintenance service and/ or Subscription Term cancellation service. 

Eligibility

  1. By using Platform, Users affirm that Users are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the T&C’s, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 
  2. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvent, or persons with unsound mind etc. are not eligible to use the Platform. 
  3. User’s access of the Platform or by accessing any of the Services, is deemed that the User has read and understood and accepted these Terms. If User will be using the Services on behalf of an organization, User agree to these Terms on behalf of that organization and User represent that User have the authority to do so. 

User Account Registration:

  1. Any Individual who is at least 18 years of age may create a User Account by providing his phone number, email address and OTP received on given phone number The User understands that in order to avail the Services, he is bound to provide true and accurate information while creating User Account. 
  2. The information collected while creating User Account shall be governed by our Privacy Policy. 
  3. User is responsible for maintaining the confidentiality of User login credentials and are fully responsible for all activities that occur under User Account. User can create an Account by using User 
  4. In order to use the Platform, the User’s have to select an existing Subscription plan (“Plan”) available at https://www.circolife.com using his User Account. Any other repair and Maintenance services shall also be availed using the User Account.

Subscription Fees and payment terms: 

  1. The User understands that to avail continued Services from Circolife, the User is bound to pay to Circolife, the Subscription Fees for the Subscription Term selected by the User.
  2. The User understands that Circolife will generate  a monthly invoice post successfully payment of the Subscription Fees at [●] for the Subscription Term, as selected by the User.
  3. The User understands that though the Subscription Fees is inclusive of applicable taxes, the monthly invoice issued shall contain the split of applicable taxes which the User is liable to pay. 
  4. The User understands that upon the invoice being generated and made available on the Platform or upon receipt of the invoice in the email, the User shall be liable to make the payment within seven (7) days of the becoming aware or of having received the invoice. 
  5. The User understands that the payment of the Subscription Fees can be made online through the Platform using payment modes such as debit card, credit cards, internet banking , UPI and any such other modes as may be made available on the Platform. 
  6. The User understands that the Subscription Fees paid to Circolife is non-refundable charge.
  7. The User understands that in the event the it fails to pay the amount of any invoice within the stipulated time period, Circolife shall be entitled to claim such outstanding Subscription Fees and taxes together with interest thereon at the rate of @18% per annum from the date of the invoice. In case the Subscription Fees, taxes and the Penalty is not cleared within the next thirty (30) days, Circolife shall have the right to enter the User’s Premises, uninstall the Air Conditioner (s) and take the same away. 
  8. The User understands that Circolife may at its own volition change the Subscription Fees charged to User for the Services provided by Circolife. However, Circolife assures the User that it shall provide due notification to the User atleast 4 days prior to the new Subscription Fees brought into effect. Such notification shall be only through email communication. The User is advised to check all its email folders/messages on a weekly basis to not miss any communication from Circolife. Such change in Subscription Fees will become effective only at the end of the then-current billing cycle of Userr Subscription.

Security Deposit:

  1. The User shall, at the time of selection of the slot for installation, pay a refundable Security Deposit to the Circolife, the receipt of which shall be acknowledged by the Circolife via email and on mobile app also within forty-eight (48) hours of receipt of such Security Deposit.
  2. Circolife shall refund the Security Deposit to the User within ten (10) business days of the end of the Subscription Term, provided the Air Conditioner passes the Circolife’s inspection at the end of the Subscription Term. In case of any damage to the Air Conditioner (s), the same shall be recovered from the Security Deposit and the balance will be paid to the duly designated bank account of the User via online transfer.
  3. In case this Subscription Term is prematurely terminated by either the Circolife and/ or the User, the amount of the Security Deposit paid shall stand to be forfeited and the User shall have no right to claim the same. 

Delivery of Air Conditioner(s):

  1. Circolife shall deliver and install the Air Conditioner(s) to the User’s Premises within the slot selected by the User. 
  2. The User understands that Circolife shall upon reaching the User’s Premises, can only deliver the Air Conditioner(s) in the presence of the User. Therefore, it is required that the User shall be present at the User’s Premises at a slot selected by the User. 
  3. The User shall at the time of taking delivery of the Air Conditioner shall inspect and satisfy himself of the numbers and the quality of the Air Conditioner(s) received at the time of delivery. The User shall accept the delivery of the Air Conditioner(s) once he is satisfied of number and condition of the Air Conditioner (s). The User shall sign an acknowledgement form acknowledging the receipt of the exact Air Conditioner(s) mentioned on the form at the agreed upon location and time.
  4. Once the User accepts the Air Conditioner (s), under no circumstances will he/she return the Air Conditioner(s) till the expiration of the Subscription Term or termination of the Subscription Term.
  5. In case the User is not present at the User’s Premises, Circolife will not deliver the Air Conditioner(s). In such cases, Circolife shall charge the User for an additional applicable delivery charge for re-delivery of the Air Conditioner (s). 
  6. Circolife shall ensure that the structure of the User’s Premises supports the installation of the Air Conditioner(s) further due permissions and approvals requisite to install the Air Conditioner(s) are in place so as to not violate any Applicable Law or regulations, by-laws, orders of the locality/ apartment complex pertaining to upon the installation and usage of the said Air Conditioner(s). In case if anything extra is needed ( eg – grill, stand PCB piping, etc) user will borne the cost as per actuals,
  7. The cost for manual labour required to transport the Air Conditioner(s) to the premises, shall be borne by Circolife.

Installation:

  1. Upon delivery of the Air Conditioner(s) to the User’s Premises, Circolife shall attempt to install the same within forty-eight (48) hours of the delivery of the same. 
  2. The cost incurred in the installation of the Air Conditioner (s) shall be borne by the User, at the actuals incurred. 

Repair and maintenance:

  1. User shall always endeavour to maintain the Air Conditioner(s) in their best condition and shall not cause damage to the Air Conditioner(s). 
  2. In case of any the Air Conditioner (s) does not function satisfactorily due to no fault of User, the faulty part of Air Conditioner (s) will be replaced or repaired by Circolife.
  3. Circolife shall solely bear the costs incurred in repair service and Maintenance service of the Air Conditioner(s), provided the same is being used in line with the instructions of Circolife. All normal wear and tear of the Air Conditioner (s) shall be repaired by the Circolife at their own cost. 
  4. In case of any malfunction, User shall notify the Circolife via the Platform and/or via email. Upon being notified, User understand that the Circolife may carry out a remote inspection of the Air Conditioner (s) to assess the damage and the nature of repair/ tools required. Post the remote and/ or physical inspection, the Circolife shall rectify the malfunction within 3 business days of being notified. In case the Air Conditioner (s) is beyond repair,  Circolife will replace the same with a different Air Conditioner (s) within the next seven (7) business days. 
  5. User agree and understand that User shall not undertake any Maintenance or repair services from any third party. In case the same is done,  Circolife shall be entitled to seek the cost of the particular air conditioner from User and User shall be liable to pay the same. 
  6. In case of the Air Conditioner (s) malfunctioning/ failing to operate due to mishandling or has been subjected to misuse, misapplication, negligence, alteration, accident or operation contrary to the instructions of  Circolife, incompatibility with accessories not installed by  Circolife, or that have been repaired with component parts other than those manufactured or obtained from Circolife, any charges that accrue in repairing or replacing the Air Conditioner (s) including but not limited to labour, material, parts and any other items will be borne by User only.
  7. In case of Air Conditioner (s) malfunctioning / failing to operate due to damage done by fire, rodents, pets, power surges, any replacement or repair charges that accrue including but not limited to labour, material, parts and any other items shall be borne solely by USER.

Relocation:

  1. Circolife shall bear the cost incurred in delivering the Air Conditioner(s) to the User’s Premises. In case, User wants to relocate the said Air Conditioner(s) to a different location, User can do so by generating a relocation request on the Platform to relocate the Air Conditioner(s). Any relocation is possible only within Mumbai, Maharashtra, India, upon advance payment of the relocation charges to Circolife. The relocation services shall be made available only once in the Subscription Term. 
  2. User relocation request shall specify the exact location from where the Air Conditioner(s) would be picked up from and the address of where it would be delivered, the reason for such relocation.
  3. In no case whatsoever will User the move the Air Conditioner(s) to any other location. In case the User do so, all conditions and warranties contained in these Terms of Service relating to User will be considered null and void.
  4. User understands and agrees that relocation of the Air Conditioner(s) is possible in the serviceable locations within the limits of Mumbai, Maharashtra, India. In the event, the location is not serviceable by Circolife, the same shall be treated as early closure of the Subscription by User. In such case, User shall be obligated to clear out all dues within the next seven (7) days and return the Air Conditioner(s) to Circolife within the next seven (7) days.

Use of User Information and Content and other content displayed on the Platform:

  1. If User creates, transmits, submits, displays or otherwise makes available any information while using the Circolife Platforms/ Services, Circolife has the right to use the same, provided the usage is in line with the T&C’s or Privacy Policy or Applicable Law. 
  2. Circolife reserves the right to maintain, delete or destroy all information and materials posted or uploaded through the Platform, pursuant to our internal record retention and/or destruction policies. 
  3. Circolife (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While Circolife makes commercially reasonable efforts to ensure that the data stored the servers is persistent and always available to the User, Circolife shall not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
  4. User acknowledges and agrees that Circolife may preserve User information and may also disclose User related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that the usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
  5. User agrees to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). User also agrees that User Account information will be truthful.

Updation of T&C’s:

  1. User’s use of the Platform is subject to the T&C’s, which may be updated, amended, modified, or revised by us from time to time with/without notice to User. To ensure that User is aware of any additions, revisions, amendments, or modifications, Circolife may from time to time send the User on his registered email address an email containing the T&C amendment notification. However, the User understands that Circolife is not under any obligation to notify the User’s of any changes to the T&C’s.
  2. The updated or amended T&C’s shall be effective immediately and shall supersede all the earlier version of the T&C’s. 
  3. User shall be solely responsible for reviewing the T&C’s from time to time for any modifications. User’s continuous use of the Platform and/or Services after the amended/updated T&C’s have been published, it shall be deemed that User have read and understood and accept the Updated T&C’s. Any reference to terms and conditions shall refer to the latest version of the T&C.

Platform License:

  1. Subject to User’s compliance with the TOS, Circolife grants the User a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for User’s personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which User are permitted access solely for User’s use. User have no right to sublicense the license rights granted herein.
  2. User will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to User by implication or otherwise under any intellectual property rights owned or controlled by Circolife or its licensors, except for the licenses and rights expressly granted in the TOS. The Platform and the Intellectual Property Rights vested therein is owned by Circolife.

Third Party Services:

While availing Services, Users may connect with third-party service providers. Circolife is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that Circolife shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors. User may be redirected to a third-party website upon clicking on such links, these websites will be governed by its privacy policy and terms of use. We shall not be responsible for any transaction or dissemination of information that may take place while accessing these third-party websites.

Rules and Conduct:

  1. As a condition of use, User promises to not use the Platform/Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. 
  2. By way of example, and not as a limitation, User shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any Intellectual Property Right or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. Circolife reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Circolife is concerned that User may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
  3. Additionally, User shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is 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; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights;  (vi) violates any laws for time being; and (vii) impersonate any person.
  4. Furthermore, User shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Circolife’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that User receive hereunder.
  5. User will not access the Platform, and/or its Services, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.
  6. User will not access the Platform and/or its Services for the purpose of hiring, recruiting or inviting any other User to attend any program, event, function, seminar, conference, talk, etc.
  7. User agrees to immediately notify Circolife of any unauthorised use, or suspected unauthorized use of User Account, or any other breach of security, in relation to User personal information on the Platform.
  8. One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorised usage.  Circolife reserves the right to disable any such Account from the Platform.

Insurance:

User understand that  Circolife may need it to avail insurance coverage for the cost of the Air Conditioner (s) at User cost. In case of theft, loss or damage attributable to User, User shall make good the Circolife’s loss either by reimbursing the market value cost from the insurance reimbursement amount received and/or from its own pockets.

Alerts provided by the Circolife: 

  1. Circolife provides User with multiple automatic alerts while providing Services.
  2. User understand and agree that any alerts provided to User through the Platform may be delayed or prevented by a variety of factors. Circolife will do its best to provide alerts in a timely manner with accurate information. However, Circolife neither guarantees the delivery nor the accuracy of the content of any alert. User also agrees that Circolife shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by User or any third party in reliance on an alert.

Restriction Of Use: 

User shall use the Air Conditioner(s) only for non-commercial purposes unless otherwise agreed between User and the Circolife in writing. User shall not rent, sub-let or sell the Air Conditioner(s).

Care of Air Conditioner(s): 

User shall use the Air Conditioner(s) in a careful and proper manner and shall not use in any way that is inconsistent with Circolife Materials. These include but is not restricted to usage of the Air Conditioner(s) not operated under normal environmental conditions or is subjected to extreme temperatures.

Damage and Loss Policy: 

  1. In case of any permanent damage due to negligence making the product unusable, loss or theft of the Air Conditioner(s) or any component of the Air Conditioner(s), regardless of cause or fault, User will make good the amount at its fair market value as determined by  Circolife. 
  2. User shall be responsible for the safe keeping of the Air Conditioner(s) installed at the User’s Premises and will inform the Circolife of any damage or theft immediately. 
  3. User undertakes to bear the costs including but not limited to:
  • Loss of, or damage or third-party repair to the Air Conditioner(s), loss of use, diminution of the Air Conditioner(s)’s value caused by damage to it or repair to it.
  • Costs to enforce such charges including administrative fees for processing the claim and legal expenses.
  • Charges for late return of the Air Conditioner(s) will be applicable as per the policy of the Circolife.
  • All fines, penalties, court costs and other expenses relating to the Air Conditioner(s) assessed against User during the Subscription Term.
  • All expenses Circolife incurs due to User’s failure to return the Air Conditioner(s) including costs in locating and recovering the Air Conditioner(s).
  • All costs incurred to collect unpaid monies due; The payment for any permanent damage/loss will be paid immediately and this contract will terminate on the payment of the same.

User Contact  

  1. User agrees that Circolife may contact Users through telephone, email, SMS, or any other means of communication for the purpose of:
  2. Obtaining feedback in relation to Platform or our Services; 
  • Any events or initiatives that User may be interested in as part of the community of users;
  • Resolving any complaints, information, or queries by other Users regarding User critical content; 
  • User agree to provide fullest co-operation further to such communication by Circolife; and
  • Obtaining feedback in relation to any other Users listed on the Platform; 
  1. By submitting suggestions or other feedback regarding our Services/Platform, User agree that we can use and share such feedback for any purpose without any compensation to User and we are under no obligation to keep such feedback confidential.
  2. User may register himself under DND or DNC or NCPR services. Despite of the same, User authorizes us to contact User for the above-mentioned purposes till User Account subsists. This will only be for transactional purposes and not for any kind of promotion.

Account Ownership and Editing Rights:

We ensure easy access to the Users by providing an option to update User Account information. We reserve the right to moderate the changes or updates requested by User and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in User Account. User hereby represent and warrant that User are fully entitled, under Applicable Law, to provide information as part of User Account or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of User Account information at our sole discretion with or without notice to User.

Rights and Obligation relating to the usage of the Platform:

  1. Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
  • violating or attempting to violate the integrity or security of the Platform;
  • transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
  • intentionally submitting on the Platform any incomplete, false or inaccurate information;
  • making any unsolicited communications to other Users;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
  • circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
  • Any unlawful activities in the Platform which are prohibited by laws of India.
  1. Circolife shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. Circolife shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes. In case of non-compliance with any Applicable Laws, or the T&C’s/ Privacy Policy) by a User, Circolife shall have the right to immediately terminate User access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
  2. Circolife may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and User hereby consents to such transfer. 

Circolife and User Materials

While rendering Services, Circolife directly or through its representatives, may provide Users Circolife Materials. Circolife Materials shall be the exclusive property of the Circolife. User hereby agrees and acknowledges that he/she shall ensure that the Circolife Materials are not shared with any third party, without Circolife’s written consent and any breach of such nature shall cause financial and irreparable injury to Circolife. Circolife hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Circolife Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit User Materials using the Platform or while availing Services. User hereby provides Circolife with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement. Additionally, all User Materials provided will be used by the Circolife for analytics to understand the User and the market, and hereby the Circolife reserves its right to revise and enhance the Platform and the Services provided the User.  

Modification:

Circolife reserves the right, at any time and in with sole discretion, to change, modify, or amend the Platform (in whole, or in part) or any of its Services (in whole, or in part), in compliance with the Applicable Laws. User agrees that Circolife will not be liable to User for any change, modification or amendment of the Platform or its Services, or any part thereof.

Support:

  1. Circolife offers an email-based support system. In case any User requires any assistance or support, User may access support resources or contact our support by emailing at [support@circolife.com].
  2. Circolife shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Circolife shall take best possible efforts to redress the complaint within fifteen (15) days of receipt of the complaint. Any suggestions by Circolife regarding use of the Services shall not be construed as a warranty.
  3. The User agrees and acknowledges that the Circolife shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Circolife, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Circolife. Any suggestions by Circolife regarding use of the Service shall not be construed as a warranty.
  4. By submitting our webform, you agree to receive promotional calls on the number shared, and such calls and SMS would be coming from a third-party platform.

Temporary Suspension of Services: 

Circolife has the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to User in such an event. Further, Circolife may, but shall not be obliged to, give User notice of any interruption of access to the Service. Circolife may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The intent to temporarily suspend access for pre-scheduled maintenance shall be communicated to User twenty four (24) hours in advance via email to the email address provided by User upon creation of User Account. If User choose to access the Platform or avail Services during such pre-scheduled maintenance, Circolife cannot guarantee the availability of the Services and/or functionality of the Platform. 

Termination of Services: 

  1. Circolife may terminate User’s usage of the Platform at any time for any reason, including breach of the T&C’s. Circolife has the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, Circolife reserves all other rights and grant no other rights or licenses, implied or otherwise.
  2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the T&C’s, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Disclaimer:

  1. THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE CIRCOLIFE and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET USERR REQUIREMENTS. USERR USE OF THE SERVICE IS SOLELY AT USERR OWN RISK. 
  2. CIRCOLIFE DOES NOT PROMISE TO STORE OR KEEP SHOWING ANY INFORMATION AND CONTENT THAT USER HAS POSTED. CIRCOLIFE IS NOT A STORAGE SERVICE. USER AGREES THAT CIRCOLIFE HAS NO OBLIGATION TO STORE, MAINTAIN OR PROVIDE USER A COPY OF ANY CONTENT OR INFORMATION THAT USER OR OTHERS PROVIDE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND AS NOTED IN OUR PRIVACY POLICY.
  3. USER HEREBY ACKNOWLEDGE AND AGREE THAT USER WILL SHALL ONLY PROVIDE TRUE AND CORRECT INFORMATION AND IN THE CASE OF CREATING AN ACCOUNT USER UNDERTAKE TO AT ALL TIMES KEEP THE INFORMATION UP TO DATE. UNDER NO CIRCUMSTANCES THE CIRCOLIFE WILL BE LIABLE ON ACCOUNT OF ANY INACCURACY OF INFORMATION PROVIDED BY USER ON THIS PORTAL. IT IS THE RESPONSIBILITY OF THE USER TO FURTHER RESEARCH THE INFORMATION ON THE SITE.
  4. CIRCOLIFE IS NOT RESPONSIBLE FOR ANY NON-PERFORMANCE OR BREACH OF ANY CONTRACT ENTERED INTO BETWEEN USERS AND THIRD PARTY. 
  5. THE CIRCOLIFE SHALL NOT BE LIABLE IN THE EVENT THAT THERE IS ANY MALFUCTION OF THE AIR CONDITIONER(S) BY THE USER AS DETERMINED BY THE CIRCOLIFE, CIRCOLIFE HEREBY STATES THAT THE AIR CONDITIOER(S) SHALL OPERATE IN A MANNER TO RENDER ITS DESIGNATED PURPOSE. THE CIRCOLIFE DISCLAIMS ALL LIABILITY WITH RESPECT TO THE AIR CONDITIONER IN THE EVENT THAT THE USER OPERATES IT IN A MANNER CONTRARY TO THAT SUGGESTED/RECOMMENDED/ INSTRUCTED BY THE CIRCOLIFE IN THIS TOS OR THE AIR CONDITIONER(S) RENTAL TERMS.

Indemnification:

User shall defend, indemnify, and hold harmless the Circolife, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) User use or misuse of, or access to, the Services and Platform; or (ii) User violation of the T&C’s; or any applicable law, contract, policy, regulation or other obligation. Circolife reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with us in connection therewith.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CIRCOLIFE  (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR USER RELIANCE ON THE SERVICES (III) FOR ANY DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF CIRCOLIFE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

Exemptions to liability of Circolife: 

User further agree and confirm that Circolife shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the T&C’s, which may be caused, directly or indirectly, due to: (i) User’s failure to cooperate; (ii) User’s unavailability and/or unresponsiveness; (iii) User’s failure to provide accurate and complete information; (iv) User’s failure to provide or facilitate the submission of User Materials in timely manner; (v) any event beyond Circolife’s reasonable control.

Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India and User hereby accede to and accept the jurisdiction of such courts.

Miscellaneous:

  1. The T&C’s are the entire agreement and understanding between User and Circolife with respect to the Services and usage of Platform. 
  2. If any provision of the T&C’s are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the T&C’s will otherwise remain in full force and effect and enforceable. 
  3. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 
  4. The T&C’s are personal to User, and are not assignable or transferable by User except with Circolife’s prior written consent. Circolife may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
  5. No agency, partnership, joint venture, or employment relationship is created as a result of the T&C’s and neither party has any authority of any kind to bind the other in any respect. 
  6. All notices under the T&C’s will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

Grievance Redressal Mechanism: 

Any discrepancies or grievances with regard to content and or comment or breach of the T&C’s shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to 

Attention: Abhishek Murarka, CFO Procyon Star Pvt. Ltd. 

Email ID: abhishek@circolife.comAddress:
D 4/2, 27 Acres , Kothari Compound, Tikujani Wadi Road, Manpada , Thane (W) – 400610

Contact:

If User have any questions regarding the Services or usage of the Platform, please contact Circolife at +91- 8068635199 . Please note that for the purpose of validation, User shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking User service request.

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