Effective Date: March 30, 2017. Last revised on March 30, 2017.
These Terms and Conditions / Terms of Service ("Terms"), forms the entire agreement agreement between you and Techie Computers ("we", "our" or "us"), and shall govern your use / access of our Mobile applications on all platforms (the "Application" or "Applications"), features, softwares, the related services we provide ("Services") and our website (hereafter collectively called as "our Services"). This agreement supersedes any prior agreements.
By using, installing, or accessing any of our Service(s), you agree to our Terms.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You can find the most recent version of our Terms at http://www.techiecomputers.com/policies/terms.html , with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof on the Site. Therefore, we encourage you to check the date of these Terms whenever you access or use our Services to check if these Terms has been updated. You must review these Terms on a regular basis to keep yourself apprised of any changes. Your continued use of any of our Service(s) following the posting of any modifications to these Terms will constitute your acceptance of the revised Terms. Should you have any questions regarding these Terms, please contact us at the contact information listed at the end of these Terms. Please note that none of our employees or agents have the authority to vary any of our Terms.
These Terms covers your use of our Services. It does not cover use of any applications, features, software, Web sites, products or services that we do not control or own, such as social networking plugins (like facebook, twitter, etc.), or any third party features or services made available via any of our Service(s). All trademarks, trade names, and logos of third parties featured on our Services belong to their respective owners.
2. Limited License
The sole purpose of this license is to enable you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication, estoppel or otherwise, except for the licenses and rights expressly granted to you. You are solely responsible for determining the appropriateness of using our Services and assume any risks associated with Your exercise of permissions under this License.
You agree to defend, indemnify, and hold harmless us, our parents, subsidiaries, affiliates, related companies, and our and their officers, directors, employees, agents, representatives, partners, and licensors (collectively called as "our parties") from and against all liabilities, damages, costs, judgments, losses, and expenses of any kind (including but not limited to attorneys' fees, costs of experts, costs of appeals and other legal fees and costs) relating to, arising out of, or in any way in connection with any or all of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and violation of other's rights. You will cooperate as fully as required by us in the defense or settlement of any Claim.
4. Disclaimers and Limitation of liability
YOUR ACCESS TO AND USE OF OUR SERVICES OR ANY CONTENT ARE AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND WE HEREBY DISCLAIM AND EXCLUDE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND SATISFACTORY QUALITY. WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (TOGETHER, "OUR PARTIES") MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (i) OUR SERVICES, CONTENT, OR ANY INFORMATION PROVIDED BY US TO BE ACCURATE, COMPLETE, AVAILABLE, TIMELY, UPDATED, SECURE, OPERATIONAL, UNINTERRUPTED, ERROR FREE, SAFE, CORRECT, RELIABLE, OR USEFUL; (ii) LOSS OF DATA, FINANCIAL LOSS, ANY HARM TO YOU OR YOUR DEVICES (COMPUTER SYSTEM, MOBILE PHONES, ETC.), OR OTHER HARM THAT RESULTS FROM YOUR RELIANCE, OR YOUR ABILITY OR INABILITY TO ACCESS TO OR USE OF OUR SERVICES, CONTENT, OR ANY INFORMATION PROVIDED BY US; (iii) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY DATA, CONTENT, OR COMMUNICATION BY OUR SERVICES; (iv) OUR SERVICES TO FUNCTION WITHOUT DISRUPTIONS, FAULTS, DEFECTS, BUGS, ERRORS, DELAYS, OR IMPERFECTIONS; AND (v) CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE OUR PARTIES FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, "CLAIM") AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OUR PARTIES OR THROUGH OUR SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL OUR PARTIES BE LIABLE TO YOU FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), REGARDLESS OF WHETHER OUR PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ZERO DOLLARS ($0) OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE DAYS.
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF OUR PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
5. Your Content
This section applies if you have been allowed by us to submit, post, transmit or otherwise make any material, messages, reviews, feedbacks, suggestions, ideas, available via our Services ("your content"). You agree that the Content which you may post, submit or transmit are original and belong to you or otherwise entitled to you. Where you do so, you grant to us, a non-exclusive, irrevocable, perpetual, sublicensable, worldwide, royalty-free, and transferable license to use, reproduce, distribute, modify, adapt, create derivative works of, display, publish or communicate to the public your content for our business purposes or for any other purpose. You warrant that you have the right to grant the above license(s) and that our exercise of the license rights above will not infringe the intellectual property rights of any person, and you shall not submit, post, transmit or otherwise make available any content(s) which is directly or indirectly infringing any third party intellectual property rights, invading others privacy, defamatory, pornographic, obscene, in violation of applicable laws or otherwise contrary to public morals.
We may monitor, review, alter, or remove any of your content at any time, for any reason(s), but we are not obliged to do so. You understand that we may use your content without any obligation to compensate you for it.
6. Fair and Acceptable Use
As a condition of your use of our Service(s) you must access and use our Services only for legal, authorized, and acceptable purposes. You must not use or help others to use our Service(s) in any way(s) that: (i) violates, misappropriates, or infringes the privacy, publicity, intellectual property, proprietary rights, copyrights, or any other rights of anybody; (ii) impersonates someone or is able to give rise to civil or criminal proceedings; (iii) involves posting, transmitting, publishing, or submitting any information, data, fact, statement, content, representation, or material which is false, misleading, confidential, defamatory, obscene, threatening, intimidating, offensive, harassing, hateful, inflammatory, pornographic, indecent, illegal, racially or ethnically offensive, or otherwise inappropriate; (iv) is unlawful, defamatory, obscene, threatening, intimidating, offensive, harassing, hateful, indecent, illegal, racially or ethnically offensive, or otherwise inappropriate or instigates, encourages or involves any such kind of conduct or activity.
You must not: (i) reverse engineer, disassemble, decompile, alter, modify, create derivative works from, or extract code from our Service(s) except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (ii) send, store, or transmit viruses or other harmful computer code through or onto our Service(s); (iii) forge any TCP/IP packet header, IP address or any part of the header information in any communication, email or posting, or in any way use our Service(s) or systems to send altered, deceptive or false source-identifying information; (iv) copy, adapt, modify, prepare derivative works based upon, rent, lease, loan, sell, distribute, license, sublicense, transfer, display, perform, access, use, or otherwise exploit our Service(s) in impermissible or unauthorized manners; (v) gain or attempt to gain unauthorized access to our Service(s), our systems, or our providers systems; (vi) probe, scan, or test the vulnerability of any system, network or our Service(s) or breach or circumvent any security or authentication measures; (vii) use (or attempt to use) our Service(s) for wrongful or unintended purposes like sending a virus, overloading, flooding, spamming, mail-bombing, etc; (viii) interfere with or disrupt (or attempt to do so), the integrity or performance of any device, network or person.
7. Our Rights
All Content included in our Service(s), such as text, design, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, applications, software, underlying source code and all other aspects, are protected by the appropriate Intellectual Property Laws and are either our properties or the properties of our Affiliates, our content suppliers or of third-parties used under appropriate licenses.
No part of our Service(s) including audio and video excerpts, may be reproduced, adapted, modified or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior permission.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
This agreement is effective until terminated by you or us. Your rights under this agreement will terminate automatically without notice from us if you fail to comply with any of our Terms.
Upon any termination of this Agreement, all rights, obligations and licenses of the parties shall cease, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of this Agreement shall survive, (b) you must cease all access and use of our Service(s) and destroy all copies, full or partial, of our Service(s), and (c) the provisions in sections titled General, Indemnification, Disclaimers and Limitation of liability, Your Content, Our Rights, Privacy, Termination, Severability, No waiver for breaches, Assignment and Transfer, Governing Law and Jurisdiction, and Miscellaneous shall survive.
We may modify, suspend or terminate your access to all or any part of our Service(s) at any time for any reason, such as if you breach these Terms in our reasonable opinion, create harm, risk, or possible legal exposure for us, our users, or others or if we discontinue our Service(s) or at our discretion for any reasons deemed fit to us.
We expressly reserve the right, in its discretion, to suspend, change, modify, add or remove portions of our Service(s) and to restrict or terminate the use and accessibility of our Service(s) without any prior notice.
The availability of our Service(s) may be interrupted, including for maintenance, upgrades, repairs, network or equipment failures, or other reasons. Events which are beyond our control may affect our Services, such as natural disasters and other force majeure events. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
11. Third-party Services
12. No Compensation
You will bear your own costs, including any mobile carrier and data costs, that you incur in connection with your use of our Service(s) or any feedback, suggestions, or content that you submit.
If you are testing any of our Beta Service(s), you act as a volunteer. We will not bear any expenses that may occur.
In the event that any provision of these Terms is held to be invalid unlawful, void, or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
14. No waiver for breaches
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If we do not act in relation to a breach of the Terms by you, that should not be construed as a waiver of any of our rights to act in relation to that breach or any later breach by you.
15. Intellectual Property Rights
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please email us with your concerns and we will try to answer your concerns.
16. Assignment and Transfer
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer, sublicense or delegate any of our rights and obligations hereunder without consent.
17. Governing Law and Jurisdiction
If a dispute arises regarding these Terms, the laws of the Republic of India will apply and shall be subject to the exclusive jurisdiction of court in Anand, Gujarat, India.
You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. The parties shall be independent contractors under this Agreement.
The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Service(s), you consent to downloading and installing updates to our Services, including automatically. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Service(s).
Any Product(s), Service(s) and company names mentioned herein may be trademarks, service marks or trade names of their respective owners. Your access to our Service(s) should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on our Service(s) without the prior written consent of the owner thereof.
18.6. Export Laws
You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Service(s): (i) to any individual, entity, or country prohibited by Export Laws; (ii) to anyone on U.S. or non-U.S. government restricted parties lists; or (iii) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Service(s) if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
18.8. Law and Protection
Nothing in our Terms will prevent us from complying with a law, regulation, legal process, or government request; to protect the rights, property, or safety of any person; to detect, prevent, investigate or address fraud, any illegal activity, security, or technical issues; to enforce our and any other applicable terms and policies, including for investigations of any potential violation(s); or to protect our rights or property.
18.9. Third-party Beneficiary Rights
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
18.10. Geographical Restrictions
We reserve the right to limit our Service(s) in any country. Our Service(s) are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. You must not use any techniques to evade any such restrictions.
19. Contacting Us and Grievances
If there are any questions regarding these Terms, or if you have any complaints or concerns with regards to content or to report any abuse of applicable laws, breach of these Terms, or any content of our Service(s) is in violation of your rights, then immediately email us with sufficient details at:
FF-105, Krishna Galleria,
Opp. Big Bazaar, B/H H.P. Petrol Pump,
Anand, Gujarat 388001