Terms of Service for Auster.network

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. THESE TERMS INCLUDE LIMITATIONS OF LIABILITY.

FOR USERS IN THE U.S. – THESE TERMS ALSO AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE WAIVERS OF RIGHTS. FURTHER, THESE TERMS REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS, OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT.

Note: This is a draft Terms of Service adapted for your website "Auster.network" based on a similar document from another site. It is provided for informational purposes only and is not legal advice. You should consult a qualified attorney to review, customize, and ensure this document complies with all applicable laws and regulations in your jurisdiction, including Indian laws such as the Information Technology Act, 2000, and the Indian Contract Act, 1872.

Who we are and how to contact us

Auster.network is owned and operated by AUSTER WIP PRIVATE LIMITED (us, we, our). Our company details are set out at Company Information.

To contact us in connection with these terms and for any other general enquiries, please email support@auster.network.

By using this site you accept these terms

By using our site (including registering for an account), you confirm that you accept these terms and that you agree to comply with them. If you are acting on behalf of your employer or another third party, you confirm that you have full authority to accept these terms on their behalf.

If you (or if you are acting on behalf of your employer or another third party, your employer or that third party) (you, your) do not agree to these terms, you must not use our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and the other applicable terms, and that they comply with them.

We recommend that you print a copy of these terms for future reference.

You must be 18 or over to accept these terms and use our site

There are other terms that may apply to you

These terms refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy, which explains how we collect, use and store your personal data in compliance with applicable laws, including the Information Technology Act, 2000 and rules thereunder.

Our Cookie Policy, which sets out information about the cookies on our site.

Any Community Guidelines that we may make available on our site from time to time will also form part of these terms and apply to your use of our site.

You may be able to apply to attend events and/or subscribe to newsletters through our site. Any further terms applicable in respect of them will be notified to you at the relevant time.

You may be able to purchase advertising and other services from us.

Other terms will apply to sales of services from us and may apply to your use of our site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. If we make material changes to these terms, we will provide you with notice to the extent we have your contact information.

You will be bound by any changes to these terms from the time you next access our site. Therefore, if you do not agree with any changes to these terms, please do not continue to access our site. Your continued use of the site constitutes acknowledgement of, and agreement to, the terms, including any changes to the terms.

Content on our site

The content on our site covers a range of topics which we hope will be of interest to you. This will be updated and refreshed from time to time.

Although we make reasonable efforts to ensure that the information on our site is up to date:

some of the content on our site is provided to us by third parties and we have no control over that content; and
we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Job opportunities

We cannot guarantee that any job opportunity advertised will be current at the time that you apply or enquire about it or that the information provided by the organisation is accurate.

We rely on the organisation advertising a job opportunity to provide an accurate description of it and accurate information about the organisation, so you should make your own enquiries about the opportunity and the organisation shown and you must assess whether it is suitable for you.

(Note: If your site does not feature job opportunities, this section can be removed or adapted.)

Availability of our site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted, error-free, secure or meet your requirements.

We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our services, our users' needs, and our business priorities.

We are based in India

We are a company based in India and we operate mainly in India. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

You must keep your passwords and other account information private and safe. Where you register for an account or are otherwise provided with a username, user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable access to and/or use of any account (or any part of it) at any time if, in our reasonable opinion, you have failed to comply with these terms.

If you know or suspect that anyone other than you knows your username, user identification code, password or any other piece of information required to access your account, you must promptly notify us at support@auster.network.

How you may use material on our site

We are the owner or licensor of all intellectual property rights in, to or arising in connection with our site and we either own the material published on our site or we have permission from third parties to publish their material on our site. Our site and those works published on it are protected by copyright laws and treaties around the world, as applicable, including the Indian Copyright Act, 1957. All such rights are reserved.

You may display and view our site and the material published on it on your computer or other device screen.

You may print off and download any pages from our site for your non-commercial use and you may also draw the attention of others to content posted on our site. However, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way (including any copyright or other intellectual property notices on them), and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You may use any feature or functionality made available to you on our site for the purpose for which it is made available.

You may share materials published on our site in accordance with Rules about sharing content from our site.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

Except for any content on our site that is owned by you, you must not copy, exploit or otherwise use our site, any material published on our site or any feature or functionality made available to you on our site for any other purpose, including:

using any part of the content on our site for commercial purposes without obtaining written permission to do so from us or the applicable owner of the content. If you wish to make use of any content on our site for such purposes, please contact us by email at support@auster.network; or
using our site or information contained on our site to build a product or service which competes with our site.

No text or data mining or web scraping

Except to the extent that we are unable to exclude or limit the same by contract under applicable laws, including the Information Technology Act, 2000, you shall not:

conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site; or
use our site, or any content or data published by, or contained in, or accessible via, our site or any services provided via, or in relation to, our site for the purposes of developing, training, fine-tuning or validating any AI system or model.

Rules about sharing content from our site

We encourage users to share the content of our site via their social media pages by clicking on the share option next to such content on our site.

However, you must not:

share screen grabs of our site;
frame any content of our site;
share any content in a way that could damage our reputation or take advantage of it, or which is otherwise unfair or illegal;
establish a link to our site in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
establish a link to our site in any website or social media page that is not owned by you (unless you have the permission of the owner to do so).

Further, you must comply in all respects with these terms, our Community Guidelines from time to time and any other applicable acceptable use and /or content standards.

If you wish to link to or make any use of content on our site other than as set out above, please contact us at support@auster.network.

We reserve the right to withdraw linking permission without notice.

Other sites are not permitted to embed text in our site without our prior permission.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with these terms, our Community Guidelines from time to time and any other applicable acceptable use and /or content standards.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with these terms or any other applicable acceptable use and /or content standards.

You are solely responsible for securing and backing up your content.

User content standards

These content standards apply to any and all material which you contribute to our site (User Content), and to any interactive services associated with it.

The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any User Content as well as to its whole.

We will determine, in our discretion, whether User Content breaches the content standards.

User Content must:

Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in India and in any country from which it is posted, including the Information Technology Act, 2000 and rules thereunder.

User Content must not:

Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Include child sexual abuse material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person, including under the Indian Copyright Act, 1957 or the Trade Marks Act, 1999.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence under the Indian Contract Act, 1872.
Promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the User Content emanates from us, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse under the Information Technology Act, 2000.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.

Rights you are giving us to use material you upload

When you create, modify, upload or post content on or to our site, you grant us the following rights to use that content:

a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the provision of, and services provided by, our site and across different media (including to promote our site and its service) forever; and
a worldwide, non-exclusive, royalty-free, transferable licence for other users of our site to use the content in accordance with the features and functionality of our site forever.

User content is not approved by us

Our site may include information and materials uploaded directly by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

We are not responsible for websites we link to

Where our site contains links to other sites, promotions and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites, promotions or information you may obtain from them.

Any third party advertisements, offer or promotions displayed on our site will be subject to the terms and conditions specified by those third parties which you should read. We are not responsible for the fulfilment of any such offers, promotions or transactions and you should contact such third parties directly in relation to any queries you may have in connection with them.

We have no control over the contents of third party sites or resources, and if you visit these sites you will be subject to all applicable terms and conditions of use and privacy relevant to those sites or resources. You acknowledge that your choice to access such third party sites and offers shall be solely at your own risk. We shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into shall be between you with any such third party (not us).

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site, and you should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, spyware or other material that is malicious or technologically harmful or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which our site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. Where applicable, breach of this provision would be a criminal offence under the Information Technology Act, 2000 and, in the event of such a breach, your right to use our site will cease immediately. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

Liability

Access to our site is provided to users on an “as is” basis. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law that may apply in respect of our site or any content on it are excluded to the fullest extent permitted by applicable law, including the Indian Contract Act, 1872.

Please also note that you can only use the site for non-commercial purposes (which can include your own career development), and we have no liability to you for any loss of profit, loss of business, damage to goodwill, business interruption, or loss of business opportunity.

The limitations of liability in this section shall apply regardless of how a liability arises, whether in contract, tort (including negligence), strict liability, breach of statutory duty, or otherwise.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If applicable law does not allow all or any part of a limitation of liability in this section to apply to you, the limitation of liability will apply to you only to the extent permitted by applicable law.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in the applicable terms and conditions for such supply.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy, in compliance with the Information Technology Act, 2000 and rules thereunder.

General

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

These terms are between you and us, and no other person shall have any rights to enforce any of them.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Unless you are a user in the U.S., please note that these terms, their subject matter and their formation, are governed by Indian law. You and we both agree that the courts of New Delhi, India will have exclusive jurisdiction.

Additional Disclosures for users in the U.S. only

For users in the U.S. only, the following terms also apply:

Age Requirements

To use the site, you must be at least 18 years old. If you are not legally considered an adult where you live, please talk to your parent or legal guardian and ask them for help; only they are allowed to agree to these terms for you. If you are a parent or legal guardian allowing a minor to use the site, you agree these terms apply to you and that you are responsible for their and your activity on the site. You are also responsible for any transaction undertaken by you or the minor.

Infringing Content

If you believe that any user-generated content or other material made available through the site violates your copyright, please submit a notification in accordance with the DMCA, to our DMCA Agent:

Attn: AUSTER WIP PRIVATE LIMITED
Address: 49 Community Center, New Delhi, India 110065
Email: support@auster.network

Notices related to trademarks, right of publicity, or IP matters may be sent to the same recipient.

If any of the material you upload is taken down after we receive a DMCA notice, you can send a counter-notification as laid out in section 512(g) of the DMCA, and we may re-post the material in question.

We, in our discretion, when it is appropriate, will disable or terminate the accounts of users who repeatedly infringe intellectual property rights.

Indemnification

If someone sues us, you may have to pay for their defense and legal fees. You agree to defend, indemnify and hold us and any of our respective officers, directors, shareholders, employees, or independent contractors harmless from and against any claims asserted arising out of or relating to your use or actual or alleged misuse of the site, violation of these terms, your content, or your negligence or misconduct. This applies to all liabilities or expenses arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Resolving Disputes, Agreement to Arbitrate, Class Action, and Jury Waiver

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR CONSOLIDATED ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT.

Mandatory Individual Arbitration

Any dispute, claim, or controversy between you and us, including but not limited to disputes, claims, or controversies related to or arising from the site, or these terms, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the terms, and the Arbitration Agreement (a “Dispute”), whether such Dispute arose before on, or subsequent to you entering these terms, and if not resolved through the informal dispute resolution procedure set out below, shall exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and we each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any legal action not subject to arbitration shall be governed by the governing law provision in these terms.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Opt-Out Procedures

You can opt out of this Arbitration Agreement by sending us a written opt-out notice (the “Opt-Out Notice”) within thirty (30) days of your initial visit to the site or your agreement to these terms, whichever is later. The Opt-Out Notice must be postmarked no later than thirty (30) days after the date of your initial visit or agreement and must be mailed to: AUSTER WIP PRIVATE LIMITED, 49 Community Center, New Delhi, India 110065. The Opt-Out Notice must contain your name, address (including street address, city, state, and zip code), and email address(es) used to access the site. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out, all other parts of the terms will continue to apply to you. Opting out has no effect on any other or future arbitration agreements that you may have with us.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). If you initiate the arbitration, you must provide us the Request by mail at AUSTER WIP PRIVATE LIMITED, 49 Community Center, New Delhi, India 110065. The Request must include: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; and (4) a statement certifying completion of the informal dispute resolution process as described below.

Mandatory Pre-Arbitration Notice and Information Dispute Resolution Procedures

You and we agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, before commencing any arbitration or lawsuit, you and we agree to engage in the following informal dispute resolution process:

You or we may give the other a written notice of dispute (the “Notice of Dispute”). The Notice of Dispute to us must be sent to support@auster.network or mailed to AUSTER WIP PRIVATE LIMITED, 49 Community Center, New Delhi, India 110065. The Notice of Dispute to you will be sent to your email or mailing address that we have in our records. The Notice of Dispute must include: (1) the name, telephone number, mailing address, and email address of the party seeking dispute resolution; (2) a description of the dispute; (3) a statement of the legal claims being asserted and the factual bases of those claims; (4) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; and (5) the party’s signature.

For a period of sixty (60) days from the date of receipt of the Notice of Dispute, you and we will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or us to resolve the Dispute on terms which either you or we, in each of our sole discretion, are not comfortable.

If we cannot resolve the Dispute within the sixty (60) day period, either party may proceed to file a claim for arbitration.

Mass Filing Procedures

If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated, you and we agree that the AAA’s mass arbitration procedures shall apply, as modified by this Arbitration Agreement.