TERMS OF USE
Last updated on 24th April 2022
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These Terms of Use (or, the “Terms”) presented below are the basic rights and obligations that you and us have between us when you use our Services and outline the terms and conditions that govern your access to the Server OkularID application (the "Application") and use of services offered through our Server application (collectively, "Services") and constitutes a binding legal agreement between you ("you", "your" or "yours") and AIKAKI LIMITED (hereinafter referred to as "OkularID" / "we"/ "us") (which expression shall include its successors and assigns).
When you use our Services, you also agree to the Terms and they affect your rights and obligations. You can choose not to enjoy the Services if you don’t want these Terms to apply (and these Terms also include our Privacy Policy and other policies on our policies page, which are incorporated herein).
By downloading, installing, or using our application and/or the Services, you signify your agreement to be bound by the Terms. Your continued use of our Application and/or the Services offered through our Application will imply your acceptance of the conditions contained under these Terms.
These Terms constitute an 'electronic record' within the meaning of the applicable laws and is generated by a computer system and do not require any physical or digital signatures.
Please read these Terms carefully before you use our application or any Service offered by us through our application. These terms control the relationship between OkularID and you. They do not create any third-party beneficiary rights. Some features of our Services may be subject to additional terms and conditions, which you should read before making use of those features, and they add up to these Terms.
1. About the Application
1.1 Our Application is a mobile application and/or online platform which enables a user’s ID to be verified remotely (“Services”)s and avail Services made available to you by OkularID through our Application. OkularID's Services include but are not limited to OkularID Authenticator, Passwordless Access to its website/application/portals, etc., secure file sharing (such as audio, video, documents, etc.), Remote ID Proofing, and OkularSign. This service is primarily a Business to Business (B2B) offering wherein we would be offering the services to interested entities who want to implement these services within their entity (the ‘Administrator’) for remotely verifying the identities of its employees, contractors, etc. Passwordless Access to its website/application/portals etc., Secure file sharing (such as audio, video, documents, etc.). OkularID may at its discretion allow you to use some of these services free of charge. Our services are diverse and additional terms or product requirements may apply to certain Services and the users would be using these services as required by the Administrator. The Administrator may ask you to use our services and you may have to download our application and/or services and such verification request may be prompted via our application and/or services. Our Services are diverse and additional terms or product requirements may apply to certain Services. The additional terms are made a part of these Terms by this reference. If there is a conflict between these terms and the additional terms, the additional terms will supersede these terms.
More information about our application and the Services is available on OkularID's website at www.okularid.com ("Site").
1.2 You can download the Application from third-party application stores such as Google Play, Windows Store, and Apple App Store, subject to the terms and conditions and the privacy policy of such third-party application stores.
2. Legal Capacity
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By agreeing to the terms, you agree that you are above the age of 16 (Sixteen) years. Our Services are not intended for children under the age of 16. If you are under the age of 16, please wait until you turn 16 to use our Services.
If you are under the age of consent in your country to form a legal agreement, you should only use our Service if you are either an emancipated minor or have the legal consent of your parent or guardian for your use of our Services. You should use our Service only if you are fully able to understand and enter into an agreement and comply with these Terms.
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3. Your Account
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3.1 Our Application and the Services can be accessed by you only by creating an account on the Application. You can log in to your account using your facial scan. In some cases, the Administrator may create an account for you on your behalf. By using the Application, you agree to ensure confidentiality of your account, and for limiting access to your mobile device to prevent unauthorized use of your account on the Application, though the application strives its best to provide such security. You will be responsible for any activity under your account and for informing us immediately if you have any reason to believe that your account is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing up.
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3.2 By using our Application and/or Services, you signify your assent to this Terms of Use and our Privacy Policy and that you consent to the collection, processing, and use of data as described in our Privacy Policy. We may ask for additional consent from you for any additional data that we might need and also for any new features and/or services that we add.
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3.3 By using the Services, you agree that:
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You will not create or use multiple accounts to evade our policies or bypass any blocks or otherwise subvert any restrictions placed on your account. For example, if you have been blocked by another user or your account has been suspended for abuse, you will not create a replacement account that engages in similar activity.
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You will not use our Services to mislead or confuse users by pretending to be someone else or pretending to represent an organization you do not represent.
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You will not use our services to conspire, plan and engage in any criminal activities.
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You will not buy, sell, rent, or lease access to your OkularID account to or on behalf of anyone.
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3.4 You and the Administrator are responsible for any charges that you may incur by accessing the Application or Services made available through the Application, including messaging and internet/data usage charges.
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3.5 The information you give us to use our Application and Services must be correct. To access our Application and Services and/or some of the features we offer in the Application, you will be asked to provide true and complete registration details, including but not limited to your identification details such as a government-issued Identity card, correct age, your live photograph, etc. We reserve the right to prevent you from accessing our Application and Services, or any of its features and/or resources and to terminate or suspend your account if we believe the details are not correct, current, or complete.
4. Updates to Terms
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We are always working on adding new features to our Services, and because of that, and also due to applicable changes is law, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree to the updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.
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5. Online Privacy
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Your privacy is important to us. Any information (including your personal information and/or sensitive personal data or information) provided by you on the Application will be collected, stored, processed, transferred or shared by us in accordance with our Privacy Policy. So, to better protect your privacy, we provide notices explaining our information practices and the choices you can make about the way your information is collected and used at our Services. Please go through our Privacy Policy to know more.
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6. License
6.1 Ownership: All content related to OkularID corporate and business activities embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, our application, services and any other materials incorporated by us on our Application and services (“Material”) is the exclusive property of OkularID or its licensors and are protected by applicable laws and copyrights, patents, trade secrets or such other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by us in our Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by us or others (“Trademarks”). OkularID or its licensors own the title, copyright, and other intellectual property rights in the Material and Service, and by using our Services, you do not acquire any ownership rights in Service or Materials contained therein. We respect the intellectual property rights of others and ask users of our application and services to do the same.
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6.2 License: Subject to these Terms, OkularID grants you a limited, personal, non-assignable, non-transferable, non-exclusive, revocable, and non-sublicensable license to use and/or access the Application or Services (including the content made available through the Application or Services) provided that: (a) you will use the Application and/or Services solely for lawful purposes only; (b) you will not, nor allow third parties on your behalf to reproduce, reverse engineer, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial purpose the Application (including its content) and/ or Services; (c) you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form); and (c) you will not use any meta-tags or any other 'hidden text' utilizing OkularID's name or trademarks. Any unauthorized use of the Application and/or Services terminates the permission or revokes the license granted herein.
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6.3 Certain content or services made available through the Application or the Services may have been created, published, provided, or shared by other users, publishers, and other third parties ("Third Party Content/ Services"). Such third-party content/services are the sole responsibility of the person who published/submitted/provided the Third Party Content/Services. By using the Application and/or Services, you agree that OkularID or its affiliates will not be responsible/liable for any such Third Party Content/Services in any manner whatsoever. You will not, nor allow third parties on your behalf to reproduce, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial or another purpose any Third Party Content/Services. OkularID does not guarantee the validity, fitness for a particular purpose, veracity, accuracy or legal status, or confidentiality with respect to the Third Party Content/Services.
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7. Your Security
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7.1 If you create an account by selecting providing your name and giving your facial scan, You are responsible for all activities that occur under your Account. You are allowed to log in to your account using your facial scan. You agree to notify OkularID immediately of any unauthorized use of your Account or any breach of security with respect to your account. OkularID will not be liable for any monetary, data, and other losses that you may incur as a result of someone else using your Account, either with or without your knowledge. In addition, you may be held liable for any monetary, data, and other losses incurred by us or another party due to someone else using your Account. OkularID shall be entitled to monitor your Account and also at its discretion, inform you if it believes your account to be compromised.
7.2 Our apps and services
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Remote ID Proofing – The features of our services provides for your remote ID proofing, based on your uploaded ID proofs. All your information collected will be securely stored in an encrypted format. Please check Section 10 of this Terms of use for how it works.
Passwordless Access – The features of our services provide for Passwordless Access to any/some of the services/portals/websites/ applications, etc. offered by the Administrator to you and we act as the intermediary to verify that it is actually you. All your information collected by us for this purpose will be securely stored in an encrypted format. Please check Section 10 of this Terms of use for how it works.
Secure messaging and/or file transfer – You can send messages and/or files only to other users who are registered with us and are using our Application. Please check Section 10 of this Terms of use for how it works.
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7.3 Additional Security in our Services:
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(i) In our Application and Services, we offer additional security in the form of visual signatures (“Secured Services”). Only you can access the files that you have received and only the intended receiver can access the files shared by you using our Application. This is ensured by capturing your visual signature while accessing the received files and matching it with the visual signature that we captured while you were signing up with us.
(ii) We further ensure that the files that you share also can only be accessed by the rightful recipients of such files by using visual signatures. For this feature to work, the intended receiver also needs to be present on our application and would have completed the registration process and set up the visual signature process.
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8. Your Content
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8.1 Our Application or Services may allow you to create, upload, share and/ or store content, including but not limited to, photos, profiles (including your name, images, and/or voice), information, ID Proofs, etc. (collectively, "Content")
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8.2 By posting or sharing or sending your Content through our Application or the Services, you grant OkularID and our affiliates, a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable, and transferable license to use, copy, reformat, modify, translate, create derivative works, display, and distribute such Content but limited to ONLY for or ONLY in connection with the use of the Application and/or Services. In the event you or any other person appears in any Content submitted to OkularID by you, you grant OkularID an unrestricted, worldwide right and license to use your name, likeness, and voice. In addition to granting us the aforementioned rights, you also grant us a perpetual license to create derivative works from, promote, exhibit, and display Content posted by you in any form and in any distribution methods (now known or later developed), but limited to ONLY for or ONLY in connection with the use of the Application and/or Services.
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8.3 OkularID DOES NOT ASSERT ANY OWNERSHIP over the Content and is subject to the rights granted to OkularID in these Terms. You retain full ownership of the Content and proprietary rights associated with the Content.
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8.4 YOU and the ADMINISTRATOR WILL BE ENTIRELY RESPONSIBLE for all Content that you upload, transmit, share or display through our Application and/or Services. OkularID does not guarantee the validity, accuracy or legal status, or confidentiality with respect to any Content and you will be solely responsible to assume all risks for any consequences arising out of uploading, posting, broadcasting, transfer, or disclosure of the Content. You confirm and warrant that the Content does not violate the representation and warranties you provide under these Terms.
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8.5 You agree and acknowledge that if you transmit any Content through the Application, you have permission from the rightful owner of the Content or you are otherwise legally entitled to use or transmit the Content and to grant OkularID and our affiliates all of the license rights granted herein.
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8.6 You agree and acknowledge that when Content or information is uploaded, posted, or shared by you, as a part of our obligation toward the Administrator, we may have to share such content with the Administrator as a part of the Remote ID Verification process.
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8.7 In order to enable you to access your data from any of your devices without relying on third-party services or local device storage, you authorize OkularID to store your information including but not limited to your login credentials and Your Content, on OkularID’s servers. Information/Data stored on OkularID’s servers is encrypted using 256-bit encryption. We reserve the right to set storage limits and we may change these limits from time to time at our sole discretion. This action must be confirmed via your OkularID account and cannot be undone.
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8.8 Upon Deletion of Your Account: Subject to applicable laws, upon deletion of the OkularID account, OkularID will immediately delete all your Content from its database and servers, except to the extent required to be retained by applicable law. For the avoidance of doubt, it is clarified that any part of your Content (viz. your login credentials, ID Proofs, extracted information from ID Proofs, geolocation) stored by the Administrator (on whose requirement you have used our services) locally on their devices may remain even after you delete your account till it is deleted by such Administrator.
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8.9 Automatic Deletion of Content: If you stop using OkularID and do not come online for at least 60 days, OkularID reserves the right to delete all your information stored on OkularID servers.
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9. Restrictions on your Content
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We want to protect you and other users and make sure your and other users’ experiences are positive. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any user content on the Service, to suspend or terminate users, and to block users of OkularID without liability to us, including where such user content, in our sole discretion, violates these Terms, or any additional terms, or that we otherwise find objectionable. We also reserve the right to respond to user support requests or reports provided through the OkularID App or protect the rights, property, or safety of OkularID, its users, and the public.
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10. Usage of OkularID Applications
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Remote ID Proofing: We are offering Remote ID Proofing services to businesses, entities, corporates, etc. (i.e. the Administrators) on a B2B model. The Administrator may create a master account for the Administrator and then request all users part of the Administrator to register with us. Once the Administrator requests a Remote ID verification, you may get a prompt of the same on our application and services. You have to follow the steps being prompted to complete your ID Verification. Please ensure you upload clear and valid images of your ID Proof. We may analyze your IP Proof and extract information as per this terms of use and privacy policy. Upon successful verification, an intimation would be sent to the Administrator.
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Passwordless Access: We are offering passwordless Access services to businesses, entities, corporates, etc. (i.e. the Administrators) on a B2B model. The Administrator may create a master account for the Administrator and then request all users part of the Administrator to register with us. For passwordless Access to work, YOU WILL HAVE to first set up the remote ID Verification and complete the Verification Process. Once the Administrator requests a Remote ID verification, you may get a prompt of the same on our application and services. You have to follow the steps being prompted to complete your ID Verification. Please ensure you upload clear and valid images of your ID Proof. We may analyze your IP Proof and extract information as per this terms of use and privacy policy. Upon successful verification, an intimation would be sent to the Administrator. Post that, in case you want to access any of the websites/applications/portals of the administrator to which you have access, we facilitate passwordless access based on your completed Remote ID verification and checking whether it is in fact you.
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Secure messaging and/or file transfer: We offer secure messaging and/or file transfer services using visual signatures, such as facial scan, liveliness detection, matching with ID Proof, etc., as secured Services. If you opt in to use our Secured Services, you consent to provide us with your visual signature and other data that we might need, for you to use the Secured Services. We will specifically ask you for the data needed in case you opt-in to use our Secured Services.
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If you wish to not share with us your visual signature and other data that is required to use our Secured Services, you can always opt-out of our services. Currently, the only option available is to delete your account from the OkularID application.
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11. Charges for OkularID Service and Other Products or Features
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11.1. You may be allowed to use any particular paid Applications or Services only by the Administrator (meaning, we only provide you access to those service/s which the Administrator has requested, provided that the Administrator has made the requisite payment to us). OkularID reserves the right to charge any of its applications and services as it may please and OkularID assures you to inform you of any such charges that would be levied, in advance to the Administrator.
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11.2 Subscriptions: To make it easy for the Administrator to make the payment and use our paid application and services, OkularID may bundle one or more of its applications and/or services and/or products and/or features, and offer it under a subscription package at a future date to the Administrator and further to you via the Administrator.
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11.3 The charges for other OkularID products or features will be confirmed to the Administrator before the completion of a purchase from us. We may change the prices of such products at any time without any notice. The Administrator may choose whether or not to accept the new charges prior to completing the next purchase of the applicable product and in case the Administrator has not opted for such features to be provided or made the requisite charges, your access to such services may be revoked by us.
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11.4 Free Trial: From time to time, we may offer products or features available at no charge for a trial period, at our sole discretion, including as to duration and scope of no charge offers. However, we reserve the right to charge you for such products (at the normal rate) in the event that we determine (in our reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other device or anonymous IP address that prevents us from locating you.
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11.5 We may collect VAT, GST or other indirect taxes at the applicable rate for the particular country (as per applicable tax rules) at the time of purchase of our products and/or services.
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11.6 Using the Service on mobile applications will use some of the internet data to which you have subscribed with your mobile network operator as the case may be. You are solely responsible for such data usage. Out-of-country usage may in any event lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
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12. Payments
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12.1 All the Payments are to be made by the Administrator using any payment method made available by OkularID from time to time. It is agreed that you and/or the Administrator are not relying on the future availability of any feature or product offered through the Service in agreeing to or making payments hereunder.
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12.2 In case you want to use any part of our services that is not accessible by you because of non-payment or because they are priced features, you may contact the Administrator regarding the same. We only provide you those services that the Administrator has requested us to do. You can always refer back to this Terms of Use and our Privacy Policy before opting in and before cancelation.
12.5 In the event of any errors relating to the pricing or specifications, OkularID shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other accounts prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
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13. Refunds
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13.1 Except as provided by law, all purchases are final and non-refundable. If you believe that OkularID has charged you in error, you must contact the Administrator for the same within 90 days of such charge. No refunds will be given for any charges more than 90 days old.
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13.2 OkularID reserves the right to refuse a refund request if it reasonably believes or suspects (i) that you are trying to unfairly exploit this refund policy; (ii) that you are in breach of the terms of this License; (iii) that you are using any of our products fraudulently or that your Account is being used by a third party fraudulently; or (iv) that you purchased a third party service and the terms of a such third party do not allow a such refund. This refund policy does not affect any of your statutory rights to pursue a claim.
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14. Claims of Infringement
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If you believe that any materials accessible on or from the Service infringe your copyrights, you may request the removal of those materials (or access thereto) by contacting us.
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15. Responsibility for Your Use
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15.1 You represent and warrant that: (i) your use of the Application or the Services will be solely for purposes that are permitted by these Terms; (ii) You will only use our application or services and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Service, otherwise you may be exposed to criminal and/or civil liability; (iii) you will provide true and accurate information (including your mobile phone number and other numbers in your address book) for use of the Application or the Services; (iv) your use of the Application or the Services will at all times comply with applicable laws.
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15.2 You agree that if a third-party claims that material you have contributed to our Service is unlawful, you and the administrator will bear the burden of establishing that it is lawful. You understand and agree that you and the administrator are responsible for all material you upload, publicly post or otherwise transmit to or through this Service.
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15.3 You must not use the Application or the Services for fraudulent purposes or in connection with a criminal offense or other unlawful activity or to send, post, share, use or reuse any material that does not belong to you or that you are not authorized to send; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software or cause annoyance, inconvenience or needless anxiety to anyone.
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15.4 You agree and acknowledge that in the event that you violate this above Clause, OkularID retains the right, at its sole discretion to disable your account or initiate legal action against you and/or the administrator which OkularID deems appropriate.
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16. Repairs and Maintenance
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We will strive our best to ensure an error-free availability of the Application or Services or contents thereof to you, however, your access to the Application may occasionally be suspended or restricted for repairs, maintenance, or updating the Application at any time without prior notice. We will try to limit the frequency and duration of any such suspension or restriction.
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17. Violation of Security Systems.
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You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is STRICTLY PROHIBITED. If you become involved in any violation of system security, OkularID reserves the right to release your details to system administrators at other sites, law enforcement, and/or governmental authorities in order to assist them in resolving security incidents.
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18. Termination
We aspire that you will always continue to use of our Application and Services, but you may terminate your relationship with OkularID at any time, by requesting OkularID to delete your Account. Upon receipt of such a request, OkularID shall delete all the data associated with your account.
Further, the Administrator may terminate the relationship with us and in that case, we have to terminate our services to you, as agreed upon with the Administrator, without notice to you.
Further, where permissible under the law, OkularID has the right to terminate your rights under our Service without notice.
19. Disclaimer of Warranties
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YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OKULARID, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF AIKAKI LIMITED (“THE OKULARID GROUP”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
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OKULARID MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION OR SERVICES; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION AND/ OR SERVICES; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/ OR SERVICES; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AND/ OR ANY SERVICE AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR SERVICES; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE APPLICATION AND/ OR SERVICES; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION AND/ OR SERVICES. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION AND/ OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OKULARID OR ANY PARTY OR THROUGH THE APPLICATION/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
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OKULARID DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE OKULARID GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE OKULARID GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
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WHILST OKULARID SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, OKULARID SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH OKULARID THAT MIGHT OCCUR FROM TIME TO TIME; INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION AND/OR SERVICES.
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20. Limitation of Liability
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OKULARID, ITS AFFILIATES, THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS DISCLAIMS ALL LIABILITY AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, GOODWILL, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA), FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND ANY OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY ARISING FROM OR RELATED TO ANY USE OF, OR INABILITY TO USE, OUR APPLICATION AND OR SERVICES OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AT ANY TIME, ANY THIRD PARTY CONTENT, SOFTWARE OR FUNCTIONS USED IN CONNECTION WITH THE APPLICATION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE OKULARID GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE OKULARID GROUP), TO THE EXTENT PERMITTED BY APPLICABLE LAW, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN.
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21. Indemnity
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You and the Administrator agree to indemnify, defend and hold harmless the OkularID Group, its affiliates, and agents, and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees), resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto OkularID’s servers and/or from any and all use of your Account. These obligations will survive termination of these Terms.
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22. Investigations
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OkularID may seek to gather information from a user who is suspected of violating these Terms and from any other user. OkularID may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If OkularID believes, in its sole discretion, that a violation of these Terms has occurred, it may suspend users, terminate accounts, or take other corrective action it deems appropriate. OkularID may fully cooperate with any law enforcement authorities or court order requesting or directing OkularID to disclose the identity of any users that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE OKULARID GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE OKULARID GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE OKULARID GROUP OR LAW ENFORCEMENT AUTHORITIES.
23. Reservation of Rights
OkularID reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Service and/or any software, facilities, and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use.
24. Local Regulations.
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We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in.
25. Third-Party Services
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25.1 This Service may link you to other sites on the Internet and third-party partners which cooperate with us to provide you with certain services. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of OkularID, and you acknowledge that (whether or not such sites are affiliated in any way with OkularID) OkularID is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites and that your use of such sites is subject to their respective terms of use. The inclusion of such a link does not imply endorsement of any site by OkularID or any association with its operators.
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25.2 OkularID cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from OkularID since the third-party sites are owned and operated by independent retailers. OkularID does not endorse any of the merchandise, nor has OkularID taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. OkularID does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
26. Force Majeure
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OkularID will not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, pandemics such as Covid-19, labor disputes, strikes, riots, internet failure, war or other unanticipated occurrences, problems, governmental requirements or restrictions or other events of a magnitude or type of which precautions are generally not taken in the industry and circumstances which shall materially and adversely affect the performance of the obligations of either party and is not caused by an act of negligence or default of, lockouts and other civil unrest, or any act of similar nature beyond OkularID’s reasonable control.
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27. Binding Arbitration for All Disputes; No Class Relief
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The parties agree that if you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue a class action.
28. Communications
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28.1 OkularID may communicate with you through e-mail, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from OkularID in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services, and/ or other promotional or marketing communications from OkularID.
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28.2 This Service is controlled and operated by AIKAKI LIMITED, with a registered office at Hallings Hatch Parkgate Road Newdigate Dorking RH55DY, UK Please forward any comments or complaints about the Service to support@OkularID.com. Please forward any questions regarding privacy to support@OkularID.com and other legal matters to support@OkularID.com
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28.3 In the event you have any queries/complaints regarding the usage of the application, please contact support@OkularID.com.
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29. Miscellaneous
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29.1 Entire Agreement: You agree that these Terms read with the terms of the Privacy Policy and/or any other terms/ policies relating to the Application and/or Services posted by OkularID on the Application will constitute the complete agreement between you and OkularID and supersedes any and all proposals, representations or prior agreements, oral or written, and any other communications between you and OkularID relating to the subject matter of these Terms.
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29.2 Severability: If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
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29.3 Waiver: If you breach these Terms and OkularID takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
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29.4 Governing Law: These Terms are governed by the laws of United Kingdom. You irrevocably consent to the exclusive jurisdiction of courts in London, the United Kingdom for all disputes arising out of or relating to these Terms.
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29.5 Forfeiture: OkularID reserves the right to forfeit any account that OkularID determines as - inactive, violative of intellectual property rights, violative of these Terms or misleading in nature.
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29.6 Report Abuse: If you in good faith belief that any content made available through our Application and/or services is offensive or opposed to the public policy you may choose to report any such content. We may, review such content and remove the content at our discretion and/or as mandated by applicable laws. In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.