Video Advertisement Inside the Auto-Rickshaw
This Mobile Application End User Terms and conditions and
Privacy Policy is a binding agreement between us. This
Agreement governs your use of the APP on the MOBILE PLATFORMS
and MOBILE DEVICES. The Application will be used by you.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS Terms
and conditions and Privacy Policy; You REPRESENT THAT YOU ARE
OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND ACCEPT
THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS
TERMS AND CONDITIONS and PRIVACY POLICY. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITION and PRIVACY POLICY, DO NOT
DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR
MOBILE DEVICE.
License Grant. Subject to the terms
of this Agreement, We grant you a limited, non-exclusive, and
non-transferable license to download, install and use the
Application for your personal, non-commercial use on a mobile
device owned or otherwise controlled by you ("Mobile Device")
strictly in accordance with the Application's documentation
access, stream, download and use on such Mobile Device the
Content and Services made available in or otherwise accessible
through the Application, strictly in accordance with this
Agreement and the Terms of Use applicable to such Content and
Services as set forth in.
License Restrictions.
Licensee shall not: copy the Application, except as expressly
permitted by this license; modify, translate, adapt or
otherwise create derivative works or improvements, whether or
not patentable, of the Application; reverse engineer
disassemble, decompile, decode or otherwise attempt to derive
or gain access to the source code of the Application or any
part thereof; remove, delete, alter or obscure any trademarks
or any copyright, trademark, patent or other intellectual
property or proprietary rights notices from the Application,
including any copy thereof; rent, lease, lend, sell,
sublicense, assign, distribute, publish, transfer or otherwise
make available the Application or any features or
functionality of the Application, to any third party for any
reason, including by making the Application available on a
network where it is capable of being accessed by more than one
device at any time; remove, disable, circumvent or otherwise
create or implement any workaround to any copy protection,
rights management or security features in or protecting the
Application; or use the Application in, or in association
with, the design, construction, maintenance or operation of
any hazardous environments or systems, including any power
generation systems; aircraft navigation or communication
systems, air traffic control systems or any other transport
management systems; safety-critical applications, including
medical or life-support systems, vehicle operation
applications or any police, fire or other safety response
systems; and military or aerospace applications, weapons
systems or environments.
Reservation of Rights. You acknowledge and agree that the
Application is provided under license, and will be used by
you. You do not acquire any ownership interest in the
Application under this Agreement, or any other rights thereto
other than to use the Application in accordance with the
license granted, and subject to all terms, conditions, and
restrictions, under this Agreement. Company and its licensors
and service providers reserve and shall retain their entire
right, title, and interest in and to the Application,
including all copyrights, trademarks, and other intellectual
property rights therein or relating thereto, except as
expressly granted to you in this Agreement. Collection and Use
of Your Information. You acknowledge that when you download,
install or use the Application, By downloading, installing,
using, and providing information to or through this
Application, you consent to all actions taken by us with
respect to your information in compliance with the Privacy
Policy.
Content and Services. Your access to and use of
such Content and Services may require you to acknowledge your
acceptance of such Terms of Use and Privacy Policy and/or to
register with the App and your failure to do so may restrict
you from accessing or using certain of the Application's
features and functionality. Any violation of such Terms of Use
will also be deemed a violation of this Agreement. Geographic
Restrictions. You acknowledge that you may not be able to
access all or some of the Content and Services from certain
countries and that access thereto may not be legal by certain
persons or in certain countries. If you access the Content and
Services, you are responsible for compliance with local laws.
Updates. Company may from time to time in its sole discretion
develop and provide Application updates, which may include
upgrades, bug fixes, patches, and other error corrections
and/or new features (collectively, including related
documentation, "Updates"). Updates may also modify or delete
in their entirety certain features and functionality. You
agree that the Company has no obligation to provide any
Updates or to continue to provide or enable any particular
features or functionality.
Based on your Mobile Device settings, when your Mobile Device
is connected to the internet either: the application will
automatically download and install all available Updates, or
you may receive notice of or be prompted to download and
install available Updates. You shall promptly download and
install all Updates and acknowledge and agree that the
Application or portions thereof may not properly operate
should you fail to do so. You further agree that all Updates
will be deemed part of the Application and be subject to all
terms and conditions of this Agreement.Term and Termination.
You may terminate this Agreement by deleting the Application
and all copies thereof from your Mobile Device.
Company may terminate this Agreement at any time without
notice if it ceases to support the Application, which Company
may do in its sole discretion or in the for OTHER TERMINATION
EVENTS. In addition, this Agreement will terminate immediately
and automatically without any notice if you violate any of the
terms and conditions of this Agreement. Upon termination: all
rights granted to you under this Agreement will also
terminate, and you must cease all use of the Application and
delete all copies of the Application from your Mobile Device
and account. Termination will not limit any of the Company's
rights or remedies at law or in equity. Disclaimer of
Warranties.
THE APPLICATION IS PROVIDED TO THE
LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF
OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND
SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE
APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE
OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO
WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY
KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE
ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER
SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT
INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR
BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE
CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR
LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE
APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF
THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES,
OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE
PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR
USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND
SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST
PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA,
LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR
MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT,
EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (b) DIRECT DAMAGES IN
AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID
BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL
APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF
WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL
OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold
harmless the Company and its officers, directors, employees,
agents, affiliates, successors, and assigns from and against
any and all losses, damages, liabilities, deficiencies,
claims, actions, judgments, settlements, interest, awards,
penalties, fines, costs, or expenses of whatever kind,
including reasonable attorneys' fees, arising from or relating
to your use or misuse of the Application or your breach of
this Agreement. Furthermore, you agree that the Company
assumes no responsibility for the content you submit or make
available through this Application. Export Regulation.
The Application may be subject to export control laws.
You shall not, directly or indirectly, export, re-export, or
release the Application to, or make the Application accessible
from, any jurisdiction or country to which export, re-export,
or release is prohibited by law, rule, or regulation.
Severability.
If any provision of this Agreement is
illegal or unenforceable under applicable law, the remainder
of the provision will be amended to achieve as closely as
possible the effect of the original term, and all other
provisions of this Agreement will continue in full force and
effect. Governing Law. This Agreement is governed by and
construed in accordance with the internal laws without giving
effect to any choice or conflict of law provision or rule. Any
legal suit, action, or proceeding arising out of or related to
this Agreement or the Application shall be instituted
exclusively in the courts of England. You waive any and all
objections to the exercise of jurisdiction over you by such
courts and to the venue in such courts. Limitation of Time to
File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED. Entire Agreement.
This
Terms and Conditions and Privacy Policy constitute the entire
agreement between you and Company with respect to the
Application and supersede all prior or contemporaneous
understandings and agreements, whether written or oral, with
respect to the Application. Waiver. No failure to exercise and
no delay in exercising, on the part of either party, any right
or any power hereunder shall operate as a waiver thereof, nor
shall any single or partial exercise of any right or power
hereunder preclude further exercise of that or any other right
hereunder. In the event of a conflict between this terms and
conditions and the Privacy Policy and any applicable purchase
or other terms, the terms of this Agreement and Privacy Policy
shall govern. Contact Information. If You have any questions
regarding this terms and conditions and Privacy Policy, please
contact us.