Last Modified: 21 April, 2020
Please read these terms and conditions carefully before using Our Service.
For the purposes of these Terms and Conditions:
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Inclick Services LLP, H1/97, 3rd Floor, Sector 16, Rohini.
- Country refers to: Delhi, India
- Service refers to the Website and the Web Platform (or Web-based Application)
- Inclick Platform refers to the web-based platform available for use on app.inclick.co or via APIs
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Inclick, accessible from www.inclick.co
- Brand Units (otherwise known as “Brands” across Inclick’s website and platform) are Social Media Business Profiles that you want to analyse
- Mentions are unique posts that contain the keyword you’re tracking from different sources
- Campaigns is a group of keywords that facilitate the tracking process of mentions
- Influencer Unlock is an analytics report for an Influencer
- Trial Period refers to a period of 7 days where users can try out the Inclick Platform without making any payment
- Subscription refers to a paid upgrade to use the service on a monthly or yearly basis
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Inclick reserves the right to make changes to its policies and the Site at any time. Subject to the terms and conditions of the Agreement, Inclick shall grant Customer a non-exclusive and non-transferable right to permit the Authorised Users specified in the Order Confirmation to use the Inclick Platform for internal purposes. This does not include the performance of services for the benefit of third parties, nor the use by Customer’s affiliated companies. Customer shall be authorised to engage external consultants as users of the Inclick Platform on the premise of appropriate contractual agreements and to the extent that they will use the Inclick Platform exclusively for the Customer.
SaaS Services & Support
Customer will receive a password to log in to the Site and access the Inclick Platform. Customer shall have sole responsibility for all activities relating to such Customer’s account and shall immediately inform Inclick of any unauthorised use of the Customer’s account. As part of the registration process, Customer will identify an administrative user name and password for Customer’s Company account.
Inclick may need to carry out routine maintenance or urgent maintenance or the Inclick Platform may become unavailable for reasons not within Inclick’s control. In such case, Inclick shall use commercially reasonable efforts to inform the Customer via it’s platform status portal or email of any downtime and restore the Inclick Services as soon as reasonably practicable.
Restrictions & Responsibilities
Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Inclick or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
Customer represents, covenants and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold the Company harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
The rights granted to Customer under this Agreement do not include any resale of any portion of the Site or its contents; any collection and use of any derivative of the Site or its contents; any downloading or copying of account information for the benefit of another company or party; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose inconsistent with the limited rights granted to Customer under this Agreement. Customer may not frame or utilise framing techniques to enclose any trademark, logo, or other Inclick generated content of the Site, or use meta tags or any other “hidden text” or data elements utilising Inclick’s name or trademarks without the express written consent by Inclick. Inclick shall in no way be responsible or liable for unauthorized use or disclosure of personal information by the Customer.
You cannot use Inclick to track Personally Identifiable Information of Social Media Users or Profiles. You cannot use data provided by Inclick for any illegitimate purpose.
Creating multiple accounts with overlapping uses (similar email content, same links) or in order to evade the permanent suspension of a separate account is strictly forbidden.
You may not cheat by adding/deleting campaigns, brand units, or influencer reports in order to avail more data that your plan, package, or usage limits allow.
Mentions have an hourly limit which is calculated using the following formula: Hourly Mentions Limit = ((Total Mentions Allowed per Month / 30) / 12). We may stop your campaigns automatically from tracking new mentions if the hourly limits are crossed repetitively. Intentionally trying to surpass these limits can also lead to permanent account suspension.
We are required to provide a refund only if we terminate our Services to you without cause before the end of the period for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We do not provide refunds if your account is suspended because of a violation of our Terms of Service. We may offer partial refunds in case there is an excessive usage of the service which will be considered as fair usage. We may, at our sole discretion, offer full or partial refunds in other situations subject to any Member seeking such refund (applying for the refund) in accordance with the requirements we post on the website, which may be changed from time to time.
Payment of Fees
Customer will pay Company the then applicable fees for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees.
Fees for the customer is decided on the basis of the plan that the customer chooses online from the Inclick Platform. Prices are based on the combination of Brand Units, Campaigns, Influencer Unlocks, etc.
Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly or come across any problems relating to GST/Tax Inputs, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
Unpaid amounts are subject to a finance charge of 10% per month on any outstanding balance plus all expenses of collection and may result in immediate termination of Service.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 1,000 INR if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Inclick can use the customer’s name, brand name, or testimonial for its own publicity. The name must be used with proper care.
Inclick shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is:
- beyond the reasonable control of a party,
- materially affects the performance of any of its obligations under this agreement, and
- could not reasonably have been foreseen or provided against, but