InstaShare – Terms Of Service

Last Updated on: 2021

This Terms of Service (“Terms”) is published by DigiBoxx Technologies and Digital India Private Limited (CIN: U72900MH2020PTC349744), a company incorporated under the Companies Act, 1956 and having its registered office at First Floor, Queens Mansion, Prescot Road, Fort, Mumbai, Maharashtra – 400001, India (“Company”). The “User” (as defined below) shall be deemed to have accepted these Terms for accessing or using the Website (as defined below). Upon such confirmation, these Terms come into effect and be held to be a valid agreement between the Company and the User.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

All capitalised terms used but not defined herein have the same meaning as defined in the Company’s Terms of Service, except for the following definitions, which are amended and now read in these Terms:

“Services” shall mean the services as detailed under Clause 2 of this Terms.
“User” shall mean an individual being a natural person or a small business user or a business/ enterprise user who accesses the Website and/or accepts these Terms and who seeks to avail the Services of the Company. Nothing in this Terms shall be deemed to confer any third-party rights or benefits.
“User’s Content” shall mean any Content that the User saves, submits, posts, displays, uploads, shares, transmits, through the Website, including but not limited to images, photos, documents and any other Content.
“Website” shall mean the internet portal, by the name of “InstaShare”, located at URL – https://digiboxx.com/product/instashare.

Acceptance
These Terms will apply to the User for accessing and using of the Website. By impliedly or expressly accepting these Terms, the User also accepts and agrees to be bound by all Company’s policies (including but not limited to Privacy Policy available on as amended from time to time) and any usage limits, product disclaimers or other restrictions presented to User on the Website.
Description of the Website and Services
1. Through InstaShare the Company offers the Services to the Users to upload and share/ transfer the User Content. InstaShare provides the User to upload and share/ transfer the User Content up to a maximum of 2GB, free of cost. Users shall note that currently the InstaShare file sharing Services are free from registration and charge.
  However, certain charges/ fees may be imposed on these Services in future. The Users will then be required to make payment of relevant charges/ fees. The Users are required to review these Terms periodically for such updates or changes.
2. User shall at the time of uploading the User Content through InstaShare provide the following information on the Website:
  1. User’s email ID;
  2. Receiver/ recipient’s email ID.
3. Upon receipt of the User’s email ID, the Company will verify the User email ID provided by the User, by a One Time Password (“OTP”) sent to the registered email ID of the User.
4. Post Verification, the User can upload and share/ transfer the User Content directly with the receiver/ recipient. The receiver/ recipient will receive a link on the email ID provided by the User to download the User Content which has been shared by the User. The uploaded User Content is stored for a limited time of 45 days from the date of uploading of the User Content. Upon expiry of 45 days, the ability to download expires and the uploaded User Content is permanently deleted and cannot be retrieved thereafter.
5. Beta Services. The current version of InstaShare is likely to undergo changes as the Company is continually working on improving the product to enhance the User experience. User agrees that at this stage the Company shall not be bound by any statements of a general nature, which may be posted on the Company's website or contained in the Company's promotional materials. On the main page of the Website or on relevant features you may notice the term “Beta” appended. This will indicate to the User that the relevant feature or version of InstaShare is still being reviewed for modification/ upgradation/ fine tuning of the relevant feature or version of InstaShare (“Beta Services”). If User elects to use any Beta Services, then User’s use of the Beta Services is subject to the following:
  1. User acknowledges and agrees that the Beta Services are pre-release versions and may not work and function fully and properly as the Company had intended;
  2. User acknowledges and agrees that User’s use of the Beta Services may expose User to unusual risks of operational failures;
  3. User also acknowledges and agrees that the Company may use the User’s feedback for any purpose, including product development purposes. At the Company’s request, User will provide the Company with comments that the Company may use publicly for press materials and marketing purposes;
  4. User acknowledges and agrees that all information regarding User’s use of the Beta Services, including User’s experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to the Company; and
  5. The Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, the Company disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
6. The User will be responsible for maintaining the confidentiality of the User Content. The User will retain all rights in and responsibility and liability for all the User Content. The Company cannot and will not be liable for any loss or damage arising from the User's failure to comply with this Sub-Clause 2.6.
Eligibility
Use of the Website is available only to competent individuals or natural persons. By using the Website, the User represents that the User has either reached the age of “majority” as per the Applicable Laws of the jurisdiction where the User resides, or, is not under the age of 13 (thirteen) years and further has a valid consent/ guidance/ supervision of a parent or legal guardian to be bound by these Terms. The parent or legal guardian of a “minor” who uses the Website, accepts and agrees to be bound by these Terms and the said parent or the legal guardian shall be responsible for supervising the minor’s use of the Website. The Company reserves the right to refuse to provide a User with access to the Website if it is brought to the Company’s notice or if it is discovered that a User is not eligible to use the Website.
User’s Obligations, Representations and Warranties
User agrees, undertakes and confirms that its use of the Website shall be strictly governed by the binding principles contained under the Company’s Terms of Service.
Privacy (Personal Information, User Content and Protection)
1. By mere use of the Website, the User authorizes the Company to collect information that can be used to identify or contact a single person (including but not limited to, name, contact number, e-mail address, location tracking, etc.) (“Personal Information”) and other non-Personal Information about the User. The Company may use and/or disclose the Personal Information, non-Personal Information and Sensitive Personal Information (as defined below) of the User if the Company believes that access, use, preservation or disclosure of such information is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request including to law enforcement and in response to a court order, (b) detect, prevent, or otherwise address fraud, technical or security issues, (c) enforce applicable terms and conditions, including investigation of potential violations thereof, or (d) protect against harm to the rights or properties of the Company, its users or the public as required or permitted by law, (e) to protect the Company against third-party claims. For the purposes of this Terms, “Sensitive Personal Information” shall mean Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of financial data (such as credit card/ debit card/ billing/ payment details), genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s caste, tribe, sex life or sexual orientation. The Company may also provide and/or disclose Personal Information to any other trusted businesses or persons for the purpose of processing such Information on behalf of the Company. The Company shall however, not be liable for any misuse of any Personal or non-Personal Information or Sensitive Personal Information of the User by any third party.
2. The User agrees that the information provided on the Website may be stored, processed and transmitted manually/electronically by the Company. The User also agrees to provide accurate information on the Website and shall be liable for any damages and disputes arising due to the inaccuracy of such information.
3. The Company does not claim ownership of the User Content and shall in no manner have any right to view or access the User Content uploaded, transferred or shared through InstaShare by the User. Further, the Company shall not, in any manner, be able to stop the transfer, remove or edit any User Content, irrespective of whether the User Content violates, or is alleged to violate, any Applicable Laws or either the spirit or letter of the Third Party Policies (as defined in the Company’s Terms of Service). User remains solely responsible for the User Content of the materials it uploads, transfers or shares through InstaShare. In no event, shall the Company assume or have any responsibility or liability for any User Content uploaded, transferred or shared through InstaShare by User, for any claims, damages or losses resulting from use of User Content and/or appearance of User Content through InstaShare. User agrees and acknowledges that it shall assume all the risks associated with the User Content, including but not limited to anyone's reliance on its quality, accuracy, or reliability, or any disclosure by the User of information in User Content that makes it personally identifiable.
Trademark, Copyright and Restriction
All material of, or contained on the Website, including artwork, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the content on the Website, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so.
Disclaimer of Warranties
1. The Company makes no representation that the Website and the Services will be constantly available or available at all times. The User agrees and acknowledges that the Website and the Services are provided on an online portal and are susceptible to downtimes, crashes or other such technical issues for which the Company shall not be responsible to the User in any manner whatsoever.
2. Further, the Company shall not be responsible for service interruptions caused by: (1) periodic scheduled maintenance or repairs the Company or the TSP (as defined in the Company’s Terms of Service) may undertake from time to time; (2) interruptions caused by User from custom scripting, coding or the installation of third-party applications; (4) causes beyond the Company’s control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments. Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance may be posted by the Company.
3. User specifically acknowledges and agrees that, user’s use of the services and the website is at its own risk. the company (including any third party assisting the company in provision of services), its affiliates, group companies, officers, directors, employees and agents, do not make, and hereby disclaim, any and all warranties, whether express, implied, statutory, or otherwise, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title, and any warranties arising from a course of dealing, performance, usage, or trade practice or about
  (a) the accuracy, completeness, or content of the website,
  (b) the accuracy, completeness, or content of any sites linked (through hyperlinks or otherwise) to this website,
  (c) the services found at this website or any sites linked (through hyperlinks or otherwise) to this website, and the company assumes no liability or responsibility for the same,
  (d) the service or quality of any services or information will meet your requirements or expectations, and/or
  (e) the service or the server(s) that make the service available are free of viruses or other harmful components. the service and all content is provided to you strictly on an "as is" basis. the company does not warrant that the services or the website will be uninterrupted, error-free, timely, completely secure or operate in combination with any other hardware, software, system or data.
  The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these terms or user’s use of this website or the services found at this website.
Remedy
Termination or expiration of these Terms, in part or in whole, shall not limit the Company from pursuing other remedies available to it, nor shall the Company be liable to the User for any damages resulting solely from termination as permitted herein.
Indemnity
As a condition of its use of the Website, User shall indemnify and hold harmless the Company, its affiliates, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of this Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Limitation of Liability
Under no circumstances shall company or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, this website or the information contained on this website or obtained from your use of this website, including for viruses alleged to have been obtained from the website, even if the company has been advised of the possibility of such damages or losses and regardless of the theory of liability.
Jurisdiction and Dispute Resolution
1. The Terms shall be governed by and interpreted and construed in accordance with the laws of India.
2. Any dispute or disagreement arising out of these Terms including but not limited to issues relating to the rights and liabilities of both the Users and/or the Company, interpretation of these Terms, and all such other issues arising out of these Terms shall be subject to the exclusive jurisdiction of the courts at Mumbai.
Contact Us
Please send any questions or comments (including all inquiries related to trademark/ copyright infringement) regarding the Website or the Services to .
Miscellaneous
The miscellaneous provisions and other general terms and conditions shall be as contained under the Company’s Terms of Service available at.