We offer a variety of Services so sometimes additional terms may apply. Additional terms will be available with the relevant Services, and those additional terms will also become part of your agreement with us, if you use those Services.
The Services provided by Absolute Techniks include Mobile Apps development, transportation management services, Societies Management Services, Product distribution etc. Absolute Techniks works with transit agencies, local governments and interlocal agencies or partnerships, tolling agencies, colleges, universities, hospital systems, logistic providers, housing societies and other public and private operators (each a “Partner” and collectively “Partners”) to facilitate App development and implementation, parking solutions, tolls, various types of sensors on vehicles, digitialisation of billing system for societies etc.
We offer a variety of Services so sometimes additional terms may apply. Additional terms will be available with the relevant Services, and those additional terms will also become part of your agreement with us, if you use those Services.
We are a technology company. We do not own, operate, or maintain any parking facility, and we do not provide parking enforcement services. Parking facilities are operated by third-parties. Parking restrictions (i.e. no parking signs) take precedence over any information that you receive from us. All applicable parking rules and regulations apply to you, and your use of the Services does not excuse you from following the rules.
We may revise these Terms from time to time to reflect changes to the Services, our users’ needs, the needs of our Partners, our business priorities, or changes in laws and regulations. The most current version will always be on this page. If the revision, in Absolute Techniks sole discretion, is material under applicable law, we will notify you via posting to our website or by other means in accordance with applicable legal requirements. Except as set forth in the “Arbitration and Class Action Waiver” Section below, or as otherwise provided by law, by continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. The Terms were most recently updated on the last updated date listed at the top of this page.
Please review Absolute Techniks’s Privacy Policy, available at https://www.absolutetechniks.com/privacy-policy/ and incorporated herein by reference (the “Privacy Policy”), for information and notices concerning Absolute Techniks collection, use, and disclosure of information collected through the Services. As set forth in the Privacy Policy, you acknowledge, consent, and agree that Absolute Techniks may access, preserve, and disclose your information if we believe that it is (1) reasonably necessary to comply with any applicable law, regulation, subpoena, legal process or enforceable governmental request; (2) necessary to enforce the provisions of the Privacy Policy; (3) required to enforce our Terms, including investigation of potential violations; or (4) necessary to investigate or protect against actual or threatened harm to the rights, property, or safety of Absolute Techniks, our users, or the public as required or permitted by law.
Absolute Techniks offers various products, each of which may be governed by other terms as listed below in the “Product-Specific Terms” Section and displayed in the product. If there is a direct conflict between these Terms and the terms displayed in another product offered by Absolute Techniks, the latter takes precedence with respect to your use of that product.
You may use the Services only if you can form a binding contract with Absolute Techniks, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. Without limiting the foregoing, the Services are only available to those who are at least 18 years old. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms except for in this sentence, refer to that organization or entity).
If Absolute Techniks has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services except as may subsequently be permitted in Absolute Techniks sole discretion.
You may be required to register for a password-protected account (“Account”) to use parts of the Services. You must provide accurate, current, and complete information during registration and at all other times when you use the Services, and update information to keep it accurate, current, and complete. Among other things, you may be required to add vehicles to your Account. By adding a vehicle, you represent and warrant that you are authorized to add such a vehicle to your Account, that all vehicles are registered and insured as per applicable law, and that all drivers of such vehicle are properly licensed to operate such vehicle. We reserve the right to prohibit certain vehicles from being added to an Account. We may request additional information from you to authenticate your Account.
You are solely responsible for safeguarding your Account credentials and authentication measures, including your password or personal identification number (“PIN”). We encourage you to use a strong Account password or PIN. You are solely responsible for all activity that occurs on your Account, and we may assume that any activity under your Account has been initiated by you. You must notify Absolute Techniks immediately of any breach of security or unauthorized use of your Account. Absolute Techniks will not be liable, and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Absolute Techniks or a third party arising from someone else using your Account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.
The following requirements apply to your use of the Services:
Subject to your compliance with these Terms, Absolute Techniks grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable, license to use the Services as it is provided to you by Absolute Techniks. Except where Absolute Techniks has explicitly agreed otherwise, the license granted herein is solely for your personal, noncommercial use. The license extends only in connection with your access to and participation in the Services and only in a manner that complies with all legal requirements that apply to you or your use of the Services.
Absolute Techniks may revoke this license at any time, in its sole discretion. Upon revocation, you may not access or use the Services, and you must delete all copies of our App or other software from your devices. Neither title nor any intellectual property rights are transferred to you, but rather remain with Absolute Techniks or its licensors, who own full and complete title, and Absolute Techniks and respective licensors reserve all rights not expressly granted to you. You 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 Services, except as expressly permitted in these Terms.
Absolute Techniks further reserves the right to modify, suspend, or terminate the Services at any time in its sole discretion.
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your Account in whole or in part. We may also temporarily or permanently prohibit you or any other user from adding a particular vehicle to an account. Without limiting the foregoing, we may terminate your Account if we suspect payment fraud. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password or PIN will be disabled, and/or you will not be able to access the Services or receive assistance from Absolute Techniks support teams; and (b) if appropriate in our sole discretion, we may communicate to third parties that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken. You may cancel your use of the Services and/or terminate your Account at any time by emailing support@absolutetechniks.com Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Account records or activity, unless otherwise required, and to the extent required, under applicable law.
All right, title, data and interest in and to the Services are and will remain the exclusive property of Absolute Techniks. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Absolute Techniks and its licensors. The Services are protected by copyright, trademark, and other laws of India. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Absolute Techniks and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Absolute Techniks and such others. Except as explicitly provided herein, nothing in these Terms gives you a right to use the Absolute Techniks name or any of the Absolute Techniks trademarks, logos, domain names and other distinctive brand features. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, which may include via “app store” channels, such as the Apple App Store and Google Play Store, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Absolute Techniks any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your Account or the Services.
Our Services may require payments from you, such as when you use the Services to pay for parking, tolls, or transportation fares, society maintenance payments, products or where we offer you the ability to pay citations or purchase permits through the Services. The payment required shall be displayed to you through the Services. You understand that only certain forms of payment may be accepted, and these acceptable forms of payment are subject to change at any time. You may provide us with a method of payment, and by doing so, you represent and warrant that you are authorized to use that method of payment.
You are responsible for all activity in your Account, including payment transactions. When a payment transaction is initiated in your Account, you authorize us to process the applicable fees by charging any payment method you provide us or deducting the fees from any funds you have stored with us. You may also be given the option to prioritize the order in which your payment methods are charged. If you do not have a valid form of payment transaction, you will not have access to all Services. We also reserve the right to suspend or terminate your Account if your payment method is declined or if we suspect any fraud on your Account. If you have stored payment information with us, you agree to keep such payment information accurate, current, and complete. We are not responsible if your access to the Services is limited based on inaccurate payment information.
We use a third-party payment provider for processing payment transactions. The third-party payment provider may impose insufficient funds, charges or other fees. We are not responsible for your interactions with third-party payment providers or for any charges or fees they may impose. When you use any of the Services that require payment, a temporary pre-authorization hold may be placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total for your transaction. Your payment will be captured up to 24 hours after your order is completed or cancelled. In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled; depending on your bank, it may take up to 5 Business Days to receive access to these released funds. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to your use of the Services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.
Some of the services we provide, such as when you use our Services to pay for parking, may offer you the ability to manage transactions through text messages. For example, if you initiate a parking transaction by calling or sending us a text message to the phone number associated with that parking location, you expressly consent to receive text messages relating to that transaction at the phone number from which you communicated with us. You understand that message and data rates may apply, and we are not responsible for payment of such fees. If you do not want to receive text messages, please do not initiate a parking transaction by calling or sending us a text message. For example, you may initiate a parking transaction through the App instead. We are not responsible for any text messages that fail to be delivered to you, including where your device is on a network not supported by us or our vendors. To stop receiving these parking transaction text messages, you must reply “STOP” to one of our text messages. We may send you a text message confirming your opt-out. To opt back into receiving text messages, you can initiate another parking transaction by calling or sending us a text message to the phone number associated with that parking location.
The Services may contain information and content provided by third parties and may contain links to third-party websites, mobile applications, software, and other resources that are not owned or controlled by Absolute Techniks, including those maintained by governmental entities (“Third-Party Resources”). Absolute Techniks is not responsible for the availability, accuracy, content, products, or services of such Third-Party Resources and does not endorse and is not responsible or liable for such Third-Party Resources. These links and resources do not imply any endorsement by Absolute Techniks, and Absolute Techniks does not endorse or assume any responsibility for any such Third-Party Resources. If you access a Third-Party Resource from the Services, including websites, mobile applications, or resources maintained by governmental entities, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such Third-Party Resources. You understand that your use of Third-Party Resources may be subject to terms and conditions imposed by third parties. You expressly relieve Absolute Techniks from any and all liability arising from your use of any Third-Party Resources. You acknowledge and agree that Absolute Techniks is not responsible or liable for: (i) the availability or accuracy of such Third-Party Resources; or (ii) the content, products, or services on or available from such Third-Party Resources.
Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, ABSOLUTE TECHNIKS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any content thereon. Absolute Techniks will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. You also agree that Absolute Techniks has no responsibility or liability for its deletion of, or the failure to store, retain, or transmit, any records related to your Account. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Absolute Techniks or through the Services, will create any warranty not expressly made herein.
The Services are controlled and operated from Absolute Techniks facilities in the India. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the India.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABSOLUTE TECHNIKS AND ITS AFFILIATES AND SUBSDIARIES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY RESOURCES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ABSOLUTE TECHNIKS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF MUMBAI METROPOLITAL REGION.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD ABSOLUTE TECHNIKS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR VIOLATION OF THESE TERMS; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) ANY MISREPRESENTATION MADE BY YOU; OR (D) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD OR ACCOUNT.
Absolute Techniks provides a number of different products and services. The following additional terms and conditions govern your use of these products.
The Cashless Parking Services enables you to pay for certain parking through our Services. You can activate the Cashless Parking Services for a particular parking transaction by either (1) using the App; (2) calling a phone number provided at the parking site (where available); (3) initiating a transaction via text messaging (where available), or (4) accessing our mobile website.
You are solely responsible for correctly entering the relevant parking zone number and space number, which will be displayed at the parking site; and license plate number where required. The parking zone number informs us of the rate to charge you for your parking at that parking site. It also informs us of any restrictions on the amount of time you are permitted to park your vehicle in that zone. You are responsible for checking the parking site to determine if there are other parking restrictions (“On-Site Parking Restrictions”). On-Site Parking Restrictions may include notices, signs, or directions posted by relevant Partners. We do not and cannot guarantee that the charges displayed in our Services adequately account for On-Site Parking Restrictions. Any violations of On-Site Parking Restrictions are solely your responsibility.
Use of the Cashless Parking Services does not guarantee you a parking space, and you may only initiate the Cashless Parking Services after you have parked in an available space at that parking site. Before leaving your vehicle unattended, please confirm that we have accepted your parking transaction request. Confirmation shall be sent to you by text message (where you initiate a transaction by calling or sending us a text message) or through your App. You are responsible for any fine, ticket, or penalty charge issued between the time you park your vehicle and when you receive confirmation that we have accepted your parking transaction request.
You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded.
The Citations Services enable you to pay for certain citations issued by government municipalities and, where available, appeal them.
To access your citation, you will be required to enter certain information, such as your license plate number or citation number. Please be advised that we provide only a platform for you to view and/or pay citations. We are not responsible for the issuance of citations, the validity or legality of such citations, the due date for payment of the citation, or the amount of any fees in citations. To the extent you have questions about your citation, you must do so via the contact information supplied on the citation. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of citations.
The Permitting Services enable you to obtain and manage certain parking-related permits issued by our applicable Partners. You will be required to provide us with certain information to obtain a permit, such as the license plate number of your vehicle. Permits issued through the Permitting Services are not transferable.
You understand that permits obtained through the Services may be subject to additional restrictions set by the applicable Partner. For example, permits may be issued specific to a single vehicle. Likewise, applicable third parties may also impose policies that prohibit Absolute Techniks from issuing refunds or exchanges of permits. You must keep the information in your Account and/or with that permit current and accurate, or you may be subject to penalties or fines imposed by regulatory authorities or third parties. You are responsible for any fine, ticket, or penalty charge issued for failure to comply with any permit terms, including terms imposed by government municipalities or other third parties.
The Mobile Ticketing Services enable you to pay certain fares associated with transportation services, such as bus and rail system fares. You must use our mobile ticketing Apps to access the Mobile Ticketing Services. Payment for Mobile Ticketing Services may be on a pay-per-use basis, in which case we would charge your payment method separately for each fare, or you may purchase and manage passes through the Services; the available fare and pass options will depend on the applicable Partner. Depending on the setup with our mobile ticketing Partners, you may be permitted to purchase multiple tickets, store them in your account, and redeem them as they are used. Some Partners may offer discounted fares, such as student or senior fares. By purchasing or redeeming tickets on these discounted fares, you represent and warrant that you qualify for such fares, and you may have to verify eligibility pursuant to our Partners’ requirements. The Mobile Ticketing Services you utilize may contain additional rules and prohibitions. You are responsible for any fine, ticket, or penalty charge issued for failure to comply with such rules and prohibitions.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Absolute Techniks agree that these Terms affect interstate commerce and that the Indian Arbitration and Conciliation Act 1996 governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to your use of the Services and claims that may arise after the termination of these Terms or agreement to arbitrate. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with Absolute Techniks as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Absolute Techniks’s support department at support@absolutetechniks.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Absolute Techniks support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or the Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by the arbitrator, and not any state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or the Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover. (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee and (c) send one copy of the Demand for Arbitration to the attention of Absolute Techniks Legal Department at Dreams The Mall, UG-95, L.B.S Marg, Near Bhandup Railway Station, Bhandup West, Mumbai - 400078.
You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of India, arbitration may take place in Mumbai only at the time of filing.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ABSOLUTE TECHNIKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or Supreme court or in the Indian or U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to register for your Account) written notice of your decision to opt out to support@absolutetechniks.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent 30 days of your first use of the Services or the effective date of the first set of Terms containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Absolute Techniks also will not be bound by them.
Changes to This Section: Absolute Techniks will provide 30 days’ notice of any changes affecting the substance of this section by posting on the Services, sending you a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective 30 days after they are posted on the Services or sent to you.
Changes to this Section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
Survival: This “Arbitration and Class Action Waiver” Section shall survive any termination of your Account or the Services.
Governing Law. You agree that: (i) the Services shall be deemed solely based in Mumbai Metropolitan Region; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Absolute Techniks, either specific or general, in jurisdictions other than Mumbai Metropolitan Region. These Terms shall be governed in all respects by the substantive laws of Maharashtra, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except for claims that must be arbitrated pursuant to the “Arbitration and Class Action Waiver” Section, any claim or dispute arising in connection with the Services shall be decided exclusively by a court of competent jurisdiction located in Mumbai and you consent to the personal jurisdiction of and venue in such courts and waive any and all jurisdictional and venue defenses or objections otherwise available.
Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices, amendments, and additional agreements or policies published by Absolute Techniks on the Services, shall constitute the entire agreement between you and us concerning the Services. Except as set forth in the “Arbitration and Class Action Waiver” Section, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. These Terms supersede and replace any prior agreements between Absolute Techniks and you regarding the Services.
Section Headings. The Section headings in these Terms are for convenience only and have no legal or contractual effect.
Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Absolute Techniks failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations. Except where prohibited by applicable law in your state or country of residence, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
Force Majeure. Neither Absolute Techniks nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, national disasters or pandemics.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Transferability and Assignability. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Absolute Techniks without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
Notices. We may deliver notice to you by email, posting a notice on the Services, or any other method we choose, and such notice will be effective on dispatch. You agree to keep your email address information current. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you give notice to us, it will be effective when received by mail at Dreams The Mall,UG-95, L.B.S Marg, Near Bhandup Railway Station, Bhandup West, Mumbai – 400078.
Contact us. Please contact us in writing at support@absolutetechniks.com or Dreams The Mall,UG-95, L.B.S Marg, Near Bhandup Railway Station, Bhandup West, Mumbai – 400078 with anyquestions regarding these Terms.
If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that:
In addition, you represent and warrant that:
If the Services that you use include a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Absolute Techniks only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Absolute Techniks, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third party beneficiary to the Terms as it relates to Absolute Techniks’s Google-Sourced Software.
As part of your relationship with us, we are required by law to give you certain information “in writing.” We may also need to obtain your signature to perform certain functions. You can choose to both receive information and to provide necessary signatures related to your relationship with us electronically, instead. In order to do this, we first need your consent to use electronic records and signatures.
By providing your consent to us, you are consenting to the use of electronic records and signatures in connection with your relationship with us, and also confirming that:
In this consent, the words “Absolute Techniks,” “we,” “us,” and “our” means Absolute Techniks, its successors, affiliates and assigns. The words “you” and “your” means the person giving consent.
“Communications” means each disclosure, notice, record, document or other information we provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us and any Service we provide.
“Service” means each and every product or service we offer, provide to you, or that you apply for, own, use, administer or access, either now or in the future.
In this consent, the words “Absolute Techniks,” “we,” “us,” and “our” means Absolute Techniks, its successors, affiliates and assigns. The words “you” and “your” means the person giving consent.
You must have a computer or handheld device using a Current Version of an operating system capable of supporting all of the requirements described above. By “Current Version”, we mean a version of the software currently supported by its publisher. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for our use of electronic Communications. In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices. To receive text messages, you will need an active telephone number and a device capable of receiving text messages sent to that number.
If we change these hardware or software requirements, and that change creates a material risk that you would not be able to access or retain your electronic Communications, we will notify you of the revised hardware or software requirements, but you will continue to receive electronic Communications until you withdraw your consent. In the event of a complaint or concern regarding this Agreement or the Platform or the Services, or for more information, please contact Company at +919136666979 or email support@absolutetechniks.com.