TERMS AND CONDITIONS OF SERVICE AND USE
- 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
- The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using the services provided on these Apps, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
- The terms ‘we’, ‘us’, ‘our’ shall mean the Apps and/or the Company, as the context so requires
- The term ‘Services’ shall mean the publishing of mobile applications or ‘apps’ of different kinds, with new types of content and communities on the internet and in mobile spaces, which is carried out by the Company.
- The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Apps, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Apps constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Apps following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Apps and the Services.If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use any of the Apps if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All apps and their content contained within (collectively, ‘Content’), are generated by the Company and We have full control of the same and guarantee the quality, the accuracy, integrity and genuineness of such Content. All the Content displayed on the Apps shall not be reused by any party (or third party) without the prior written consent of the Company. The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Apps. Users shall not copy, adapt, and modify any content without written permission of the Company.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Apps. A User may terminate their use of any of the Apps at any time. It is also hereby declared that the Company may discontinue any of the Apps without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause. The Company also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Company and/or other visitors to the Apps. The Company reserves the right to limit, deny or create different access to the Apps and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of one or more of these Apps, and that they:
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Apps. Any such use/limited use of the Apps will only be allowed with the prior express written permission of the Company.
- Agree not to access (or attempt to access) the Apps and/or the materials or services by any means other than through the interface provided by the Apps. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Apps or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Apps, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Apps will lead to suspension or termination of the User’s access to the Apps. The User acknowledges and agrees that by accessing or using the Apps or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Apps.
- Expressly agree and acknowledge that the Content displayed in the apps is not owned by the Company, and that the same are the exclusive contribution of third-parties, including app developers and other individuals associated with individual apps and that the Company is in no way responsible for the content of the same.
The User further undertakes not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
- Engage in any activity that interferes with or disrupts access to any of the Apps or the Services provided therein (or the servers and networks which are connected to the Apps);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;
- Post or share any image/file/data with any third-parties or other Users that contains confidential information from any other User without the express prior knowledge and consent of the respective User;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of any of the Apps;
- Download any file belonging to another User of the App that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner
- Probe, scan or test the vulnerability of the App or any network connected to any of the Apps, nor breach the security or authentication measures on the Apps or any network connected to the Services. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Services, or any other viewer of the Apps, including any User account maintained on the Apps not operated/managed by the User, or exploit the Apps or information made available or offered by or through the Apps, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Apps, systems resources, accounts, passwords, servers or networks connected to or accessible through the Apps or any affiliated or linked platforms;
- Collect or store data about other Users of the Apps without their express consent;
- Use any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of these Apps or any other third party (ies);
- Violate any code of conduct or guideline which may be applicable for or to any particular service offered on any of the Apps;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Apps contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
- Publish, post, or disseminate information that is false, inaccurate or misleading;
- Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company;
- t. Engage in advertising to, or solicitation of, other Users to buy or sell any apps. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users. It shall be a violation of these Terms to use any information obtained from the Apps to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another User without the express prior written consent of the Company
The User hereby expressly authorizes the Company/Apps to disclose any and all information relating to the User in the possession of the Company/Apps to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Apps might be directed to disclose any information (including the identity of persons providing information or materials on the Apps) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately suspending/terminating the User’s association with the Apps, and/or refuse to usage of the Apps to the User, without being required to provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
- Your use of the Apps,
- Your violation of these Terms and Conditions;
- Your violation of any rights of another;
- Your alleged improper conduct pursuant to these Services;
- Your conduct in connection with the Apps;
- Your internal disputes amongst other Users
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Company/Apps be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Apps had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Apps and/or the services or materials contained therein.
LIMITATION OF LIABILITY
- The Founders/ Promoters/ Associated people of the Apps are not responsible for any consequences arising out of the following events:
- If the Apps is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- if there is undue delay or inability to communicate through email;
- If there is a failure in the functioning of any other service provided by the Apps.
- The Founders/ Promoters/ Associated people of the Apps are not responsible for any consequences arising out of the following events:
The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Apps or any service availed of by the User through the Apps. The Apps bears no control over the actual functioning of individual apps and therefore cannot be held liable for any consequences, direct or indirect, relating to any results, misrepresentation, inaccuracy, discrepancy, error, etc. in the same, for example, in any group event that may result in a mishap or that may not take place as envisioned by the Users. The static Content displayed on the service is provided with guarantees, conditions and warranties as to its accuracy, suitability, completeness and reliability but the actual functioning of the Apps shall be User-dependent and shall not depend upon the Company, but on User-generated content. The Company will not be liable to you for the unavailability or failure of the Apps.
The Company/Apps shall not be responsible for misuse of any information collected in any of the Apps and shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Apps. The Company shall not be responsible for any failure or discrepancy in any payment made by Users towards any of the apps, as the same are controlled by the Google Play Store or other respective App Stores in the future and not the Company.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Apps’ trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. It is stated that all intellectual property associated with the apps is the sole and exclusive property of the Company. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Apps and other distinctive brand features of the Apps are the property of the Company or the respective copyright or trade mark owner. Furthermore, with respect to the Apps created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Apps.
The User may not use any of the intellectual property displayed on the Apps in any manner that is likely to cause confusion among existing or prospective Users of the Apps, or that in any manner disparages or discredits the Company/Apps, to be determined in the sole discretion of the Company.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- The User agrees and undertakes that they are accessing the Apps and transacting at their sole risk and are that they are using their best and prudent judgment before deciding to use the Apps.
- The User agrees that any kind of information obtained/availed from Apps, written or oral, will not create any warranty and the Apps disclaims all liabilities resulting from these.
- The Company does not guarantee that the services contained in the Apps will be uninterrupted or error-free, or that the Apps will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Apps.
- The Company may avail services from third parties to serve You better and these services will be provided on “as is” basis and the Apps disclaims any liabilities resulting from these third party services (e.g. advertisements). The Apps will not be responsible for any internet delays and damages caused by such problems.
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy
Neither the Company nor the Apps shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bengaluru.
- The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by an email to firstname.lastname@example.org.
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the Apps, or your experience with the Service, you can contact us at email@example.com