TERMS OF USE
Last
updated
July 09, 2023
AGREEMENT TO OUR
LEGAL TERMS
We are Devapps
Systems Private Limited
(
"Company," "we," "us,"
"our")
, a company registered in
India
at E 1401, Satyadeep Heights, B/S Palm Greens,
Makarba,
, Ahmedabad
,
Gujarat
380051
.
We operate the website https://eprepapp.com (the "Site"),
the mobile application
ePrep Apps (the "App"
), as well as any other related products
and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by mail at Office # 709, 7th
floor, SPG Echelon, Opp. Torrent Power Station, Near Satyadeep Heights, Makarba,
Ahmedabad, Gujarat, India 380051 or email at
hello@devapps.co.in
,
or by mail to Office # 709, 7th floor, SPG Echelon, Opp.
Torrent Power Station, Near Satyadeep Heights, Makarba
, Ahmedabad
, Gujarat
380051
,
India
.
These Legal Terms constitute a
legally binding agreement made between you, whether personally or on behalf of an
entity ("you"), and Devapps
Systems Private Limited, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Services from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Legal Terms from time to time.
We will alert you about any changes by updating the
"Last updated" date of these
Legal Terms, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Legal Terms to stay informed
of updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued use
of the Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons
under the age
of 18 are not permitted to use or register for the Services.
We recommend
that you print a copy of these Legal Terms for your records.
TABLE
OF CONTENTS
1. OUR
SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the Services. You may
not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY
RIGHTS
Our
intellectual property
We are the owner or the
licensee of all intellectual property rights in our Services, including all source
code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"
), as well as the trademarks, service marks, and logos contained therein (the
"Marks"
).
Our Content and Marks are
protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United
States and around the world.
The Content and Marks are
provided in or through the Services "AS IS" for your
personal, non-commercial use only.
Your
use of our Services
Subject to your compliance with these Legal Terms,
including the "PROHIBITED
ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content
to which you have properly gained access.
solely for your personal, non-commercial use.
Except as set out in this
section or elsewhere in our Legal Terms, no part of the Services and no Content or
Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of
the Services, Content, or Marks other than as set out in this section or elsewhere
in our Legal Terms, please address your request to:
hello@devapps.co.in. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure
that any copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
Any breach of these
Intellectual Property Rights will constitute a material breach of our Legal Terms
and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES
"
section carefully prior to using our Services to understand the (a) rights you give
us and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or
upload: By sending us Submissions
through any part of the Services you:
- confirm that you have read and agree with our "
PROHIBITED ACTIVITIES
"
and will not post, send, publish, upload, or transmit through the
Services any Submission that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any
and all moral rights to any such Submission
;
- warrant that any such Submission are original to you or that you have the
necessary rights and licenses to submit such Submissions and that you have full authority to grant us
the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential
information.
You are
solely responsible for your Submissions and you
expressly agree to reimburse us for any and all losses that we may suffer because of
your breach of (a) this section, (b) any third party’s intellectual property rights, or
(c) applicable law.
By using the Services, you
represent and warrant that:
(1) you have the legal capacity
and you agree to comply with these Legal Terms;
(2) you are not a
minor in the jurisdiction in which you reside
; (3) you will not access the
Services through automated or non-human means, whether through a bot, script
or
otherwise; (4) you will not use the
Services for any illegal or unauthorized
purpose; and (
5) your use of the Services
will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4. PRODUCTS
All products are
subject to availability. We reserve the right to
discontinue any products at any time for any reason. Prices for all products are
subject to change.
We accept the following forms
of payment:
- In App Subscriptions
You agree to provide current,
complete, and accurate purchase and account information for all purchases made via
the Services. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so that
we can complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in
US dollars.
You agree to pay all charges
at the prices then in effect for your purchases and any applicable shipping fees,
and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then
you consent to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse
any order placed through the Services. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer account, the
same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole judgment
, appear to be placed by dealers, resellers, or distributors.
6. REFUNDS
POLICY
All sales are final and no refund will be issued.
7.
SOFTWARE
We may include software for use in connection with our
Services. If such software is accompanied by an end user license
agreement ("EULA"), the terms of the EULA will govern
your use of the software. If such software is not accompanied by a EULA, then we
grant to you a non-exclusive, revocable, personal, and non-transferable license
to use such software solely in connection with our services and in accordance
with these Legal Terms. Any software and any related documentation is provided "AS IS"
without warranty of any kind, either express or implied, including, without
limitation, the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. You accept any and all risk arising out of use or
performance of any software. You may not reproduce or redistribute any software
except in accordance with the EULA or these Legal Terms.
You may
not access or use the Services for any purpose other than that for which we make
the Services available. The Services may not be used in connection with any
commercial endeavors except those that are specifically
endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from
us.
- Trick,
defraud, or mislead us and other users, especially
in any attempt to learn sensitive account
information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with
security-related features of the Services, including
features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of
the Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us
and/or the
Services.
- Use
any information obtained from the Services in order
to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false
reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any
applicable laws or
regulations.
- Engage
in unauthorized
framing of or linking to the
Services.
- Upload
or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming
(continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and
enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of
the Services.
- Engage
in any automated use of the system, such as using
scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and
extraction tools.
- Delete
the copyright or other proprietary rights notice
from any Content.
- Attempt
to impersonate another user or person or use the
username of another
user.
- Upload
or transmit (or attempt to upload or to transmit)
any material that acts as a passive or active
information collection or transmission mechanism,
including without limitation, clear graphics
interchange formats (
"gifs"
), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the
Services or the networks or services connected to
the Services.
- Harass,
annoy, intimidate, or threaten any of our employees
or agents engaged in providing any portion of the
Services to you.
- Attempt
to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any
portion of the
Services.
- Copy
or adapt the Services' software, including but not
limited to Flash, PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the
Services, or use or launch any unauthorized script
or other
software.
- Use
a buying agent or purchasing agent to make purchases
on the Services.
- Make
any unauthorized
use
of the Services, including collecting usernames
and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited
email, or creating user accounts by automated means
or under false
pretenses
.
- Use
the Services as part of any effort to compete with
us or otherwise use the Services and/or the Content
for any revenue-generating endeavor or
commercial enterprise.
9. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post
content. We
may provide you with the opportunity to create,
submit, post, display, transmit, perform,
publish, distribute, or broadcast content and
materials to us or on the Services, including
but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or
personal information or other material
(collectively,
"Contributions").
Contributions may be viewable by other users of
the Services and through third-party websites.
As such, any
Contributions you transmit may be treated in
accordance with the Services' Privacy Policy.
When you create or make available any
Contributions, you thereby represent and warrant
that:
- The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third
party.
- You are the creator and owner of or have
the necessary licenses, rights, consents,
releases, and permissions to use and to
authorize us, the
Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release,
and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous,
slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass
or threaten (in the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
- Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal
Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
You and
Services agree that we may access, store, process, and use any information and
personal data that you provide following the
terms of the Privacy Policy and
your choices (including settings).
By
submitting suggestions or other feedback regarding the Services, you agree that we
can use and share such feedback for any purpose without compensation to you.
We do not
assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
11.
GUIDELINES FOR REVIEWS
We may
provide you areas on the Services to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hateful language; (3)
your reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative reviews; (6) you should not make
any conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not
organize a campaign encouraging others
to post reviews, whether positive or negative.
We may
accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, and sublicensable right and
license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to review.
12.
MOBILE APPLICATION LICENSE
Use
License
If you
access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic
devices owned or controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this mobile application license
contained in these Legal Terms. You shall not: (1) except as permitted by
applicable law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the App; (3) violate
any applicable laws, rules, or regulations in connection with your access or use of
the App; (4) remove, alter, or obscure any proprietary notice (including any notice
of copyright or trademark) posted by us or the licensors of the App; (5) use the App
for any revenue-generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices or users
at the same time; (7) use the App for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a substitute for the App;
(8) use the App to send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of our interfaces or
our other intellectual property in the design, development, manufacture, licensing,
or distribution of any applications, accessories, or devices for use with the
App.
Apple
and Android Devices
The
following terms apply when you use the App obtained from either the Apple Store or
Google Play (each an "App Distributor") to access the Services: (1) the license
granted to you for our App is limited to a non-transferable license
to use the application on a device that
utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set forth
in the applicable App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the App as specified
in the terms and conditions of this mobile application
license contained in these Legal
Terms or as otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance and support
services with respect to the App; (3) in the event of any failure of the App to
conform to any applicable warranty, you may notify the applicable App Distributor,
and the App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you are
not located in a country that is subject to a US government embargo, or that has
been designated by the US government as a
"terrorist supporting" country and
(ii) you are not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement when
using the App, e.g., if you have a VoIP application, then
you must not be in violation of their wireless data service agreement when using the
App; and (6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license
contained in these Legal Terms, and that each App Distributor will have the
right (and will be deemed to have accepted the right) to enforce the terms and
conditions in this mobile application license contained in these Legal Terms against
you as a third-party beneficiary thereof.
13. THIRD-PARTY
WEBSITES AND CONTENT
The Services
may contain (or you may be sent via the Site or App
) links to other websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications, software,
and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available
through, or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own
risk, and you should be aware these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications you use
or install from the Services. Any purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. SERVICES
MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or otherwise disable
all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Services.
15. PRIVACY
POLICY
We care about
data privacy and security. Please review our Privacy Policy: https://eprepapp.com/privacy.html
. By using the Services, you agree to be bound by our Privacy Policy, which
is incorporated into these Legal Terms. Please be advised the Services are hosted in
the United States
. If you access the Services from any other region of
the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
the United States
, then through your continued use of the Services,
you are transferring your data to
the United States
, and you expressly consent to have your data
transferred to and processed in
the United States
.
16. TERM
AND TERMINATION
These Legal
Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN
OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and creating
a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update
any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot
guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
18. GOVERNING
LAW
These Legal
Terms shall be governed by and defined following the laws of
India
. Devapps Systems Private Limited and yourself
irrevocably consent that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.
19. DISPUTE
RESOLUTION
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related to these
Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us
(individually, a "Party" and collectively, the
"Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to
the other Party.
Binding Arbitration
Any dispute arising out of or in connection with
these Legal Terms, including any question regarding its existence, validity, or termination,
shall be referred to and finally resolved by the International Commercial Arbitration Court
under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to
the Rules of this ICAC, which, as a result of referring to it, is considered as the part of
this clause. The number of arbitrators shall be one (1). The
seat, or legal place, or arbitration shall be
Ahmedabad,
India
. The language of the proceedings shall be English and/or
Gujarati. The governing law of these Legal Terms shall be substantive law of
India
.
Restrictions
The Parties agree that any arbitration shall be
limited to the Dispute between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding arbitration: (a)
any Disputes seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that
contains typographical errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Services at any
time, without prior notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON
AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE
OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE one (1) mONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our
defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
24. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending
us emails, and completing online forms constitute electronic communications. You consent
to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on
the Services, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic records,
or to payments or the granting of credits by any means other than electronic
means.
26. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any
policies or operating rules posted by us on the Services or in respect to the Services
constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control. If any provision or part of a
provision of these Legal Terms is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these Legal Terms and
does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and us
as a result of these Legal Terms or use of the Services. You agree that these Legal
Terms will not be construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form
of these Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
28. CONTACT
US
In order to resolve a
complaint regarding the Services or to receive further information regarding use of the
Services, please contact us at:
Devapps Systems Private Limited
Office # 709, 7th floor, SPG Echelon, Opp. Torrent
Power Station, Near Satyadeep Heights, Makarba
Ahmedabad
, Gujarat
380051
India
hello@devapps.co.in
