Effective Date: October 27, 2019. Last revised on October 27, 2019.
These Terms and Conditions / Terms of Service (“Terms”), forms the entire 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. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
By visiting our site, using, installing, accessing our Service(s) and/or purchasing something from us, you engage with our Service(s), and agree to be bound to our Terms mentioned in this document including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of our service(s), including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
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/ , 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. Any new products, service(s), features or tools which are added to the current store or service(s) shall also be subject to these 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, suppliers, service providers, related companies, and our and their officers, directors, employees, interns, agents, contractors, subcontractors, representatives, partners, and licensors (collectively called as “our parties”) from and against all liabilities, claims, demands, 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; (c) your violation of any law or the rights of a third-party; or (d) 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, DURABILITY, 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, SUPPLIERS, SERVICE PROVIDERS, RELATED COMPANIES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, AGENTS, CONTRACTORS, 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, INJURY, 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, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL OUR PARTIES BE LIABLE TO YOU FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, OR ANY LOSS OF PROFITS, SAVINGS, DATA, OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, LOSS OF SAVINGS, USE, GOOD-WILL, REPLACEMENT COSTS, OR OTHER LOSSES WHETHER TANGIBLE, INTANGIBLE OR OTHERWISE, RELATING TO, ARISING OUT OF, ARISING FROM YOUR ABILITY OR INABILITY TO USE ANY OF THE SERVICE OR ANY PRODUCTS OR SERVICES PROCURED USING THE SERVICE, ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, 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
When you submit, post, transmit or otherwise make any material, messages, reviews, feedbacks, suggestions, ideas, proposals, plans, payment information, information, messages, or other materials available via our Services, online, email, postal mail, or otherwise (“your content”) regardless of whether it was sent at our request, or without a request from us, you agree that such Content is 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, distribute, translate and otherwise use in any medium or communicate to the public your content for our business purposes or for any other purpose. We are and shall be under no obligation (1) to maintain any of your content in confidence; (2) to pay compensation for your content; or (3) to respond to any of your content. 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, libelous, threatening, pornographic, obscene, objectionable, in violation of applicable laws or our terms or otherwise contrary to public morals. You agree that your content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content. You are solely responsible for any content you make available and their accuracy. We take no responsibility and assume no liability for any content submitted, posted, transmitted or otherwise make available by you or any third-party.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to confirm and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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 and products only for legal, authorized, and acceptable purposes and must not violate any laws in your jurisdiction (including but not limited to copyright laws). 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, harmful, defamatory, obscene, threatening, intimidating, offensive, harassing, hateful, inflammatory, pornographic, indecent, illegal, discriminatory, racially or ethnically offensive, or otherwise inappropriate; (iv) is unlawful, defamatory, obscene, threatening, intimidating, offensive, harassing, hateful, indecent, harmful, discriminatory, illegal, racially or ethnically offensive, or otherwise inappropriate or instigates, encourages or involves any such kind of conduct or activity; (v) is unlawful; (vi) solicits others to perform or participate in any unlawful acts; (vii) violates any international, national, federal, provincial or state regulations, rules, laws, or local ordinances; (viii) involves viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (ix) collects or tracks the personal information of others; (x) involves spamming, phishing, pharming, pretext, spider, crawling, or scraping; (xi) has any obscene or immoral purpose; or (xii) interferes with or circumvents the security features of the Service or any related website, other websites, or the Internet.
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.
We reserve the right to terminate your use of the Service or any related website if we believe in our reasonable opinion that you are directly or indirectly involved in any such above mentioned prohibited uses.
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.
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, exploit, adapt, modify or transmit any part of our Service(s) including audio and video excerpts, use of the Service, or access to the Service or any contact on the website through which the service is provided, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without express written permission by us.
We are not responsible if information made available on our services or this site is not accurate, complete or current. The material on our service(s) and site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our services or site is at your own risk. This service(s) may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this service(s) at any time, but we have no obligation to update any information on our service(s). You agree that it is your responsibility to monitor changes to our service(s).
Occasionally there may be information on our site or in Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability or any other content. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any Service(s) (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service(s).
You consent that we shall have the right to use your, your business or your client’s name, tradename, service marks, trademark, logo, brandname, website/app details, etc on our services, website, or any promotional or advertising material, statement, document, press release or broadcast in connection with the services rendered or products/services sold to you or your client. You agree not to make any press release, statement, document, promotional or advertising material, broadcast or in any way make public our relationship with you in connection with the services rendered or products/services sold to you without our prior written permission. You will not use our tradename, service marks, trademark, logo, brandname, website/app details, etc for any purpose other than that permitted in this terms without our prior written 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.
8. Products and Services
Certain products or services may be available exclusively online through a single medium like only through the website or only through the app. These products or services may have limited quantities and are subject to refund, return, cancellation or exchange only according to our Refund Policy. You agree to our policy for refunds and cancellations as mentioned in our refund policy.
We have made every effort to display as accurately as possible the colors, description, details, features and images of our products and service(s) similar to the actual one. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the use and sales of our products or Service(s) to any person, entity, company, geographic region or jurisdiction as we deem fit. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or service(s) that we offer. We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right, but are not obligated, to charge higher or lower for any or all our products or Service(s) to any person, entity, company, geographic region or jurisdiction as we deem fit. We may even exercise this right on a case-by-case or order-by-order basis. For certain products and service(s) the initial or first purchase or first year price may be low or discounted and subsequent renewals or subscription prices may be higher. Contact us directly if renewal price is not mentioned or you have doubts regarding renewal costs. Renewal or subscription costs if any provided to you may get changed till the time such actual renewal occurs.
All descriptions of products/service(s) and product/service pricing are subject to change at anytime without any notice, at our sole discretion. We reserve the right to discontinue any product or service(s) at any time without any notice. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. At times, there might be a delay in providing products or service(s) by us due to various reasons. You agree that any timeline, time frames, ETA’s, completion time estimates, etc. provided by us are for reference only and we don’t give any warranty or guarantee of it. Some of our paid services might not begin until appropriate amount of payment is made in advance for rendering it. In case any amount is pending to be paid by you whether it be during, before or after delivery or completion of any order, product or service(s), you agree that you are bound to pay it failing which we can take remedial, reciprocal or any other type of action we deem fit without providing you with any prior notice.
You agree to provide necessary information, permissions, data, cooperation, etc. whatever is needed from your part for making available product(s) or service(s) to you and for the completion of any such work within reasonable time. You agree to provide us with any other service(s) which are necessary to render the service(s) or product(s) you bought from us. For example domain and hosting are necessary to make a website work and App store accounts are necessary to publish apps. You agree to bear the cost or purchase any such products or service(s) which are necessary to enable us to render you service(s) or products in a timely manner. You agree that there are chances of human error or negligence while providing any service(s) or products and we cannot provide any compensation to you for that. As with any software there are risks of bugs, vulnerabilities, flaws and other technical and programming issues and you agree not to hold us responsible for that whether it reaches to you as a service(s) or in any other manner. When and where we have not mentioned about how long a product or service(s) would last, it must me assumed to the minimum possible extent. As for example website development lasts only till the website is developed once and routine updates and maintenance doesn’t count unless that has been explicitly mentioned to by us as a part of that service(s) or bought separately by you. With some service(s) there are multiple and/or endless possibilities and/or revisions that can be provided for such service(s) and in such cases unless explicitly mentioned by us as a part of service(s) or bought separately (if available), it should be assumed that you get only one such possibility or revision as a part of our products or service(s). As for example there can be multiple designs possible for a website or business card and unless mentioned by us we don’t offer you with more than one such design.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree that in case of non-payment of dues or payment defaults by you, you might not be provided with any notice and we are free to suspend your services or take any measures to recover dues without providing any advance notice thereof. We might also suspend other orders/accounts which have already been paid for from the same customer or account or the same credit/debit card or payment method or in other way that we might deem fit to recover dues, prevent loss or prevent any further payment dues or defaults.
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 including but not limited to any payment dues on your part, (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, Products and Services, Privacy, Termination, Severability, No waiver for breaches, Assignment and Transfer, Governing Law and Jurisdiction, and Miscellaneous shall survive. Any services or products for which you had already paid prior to termination of this Agreement would not be refunded, although such services shall stand cancelled.
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, we suspect that you have failed, to comply with any term or provision of these Terms, 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 without providing you any notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
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 madmin-admin-ajax.phpax.phpeure events. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. You agree that from time to time we may remove any service for indefinite periods of time or cancel any service at any time, without notice to you.
12. Third-party Services
13. 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, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be limited or eliminated to the minimum extent necessary, such determination shall not affect the validity and enforceability of any other remaining provisions.
15. 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.
16. 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.
17. 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.
18. 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.
19.6. 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.
19.8. 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.
19.9. Third-party Beneficiary Rights
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
19.10. 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.
20. 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, A.V. Road,
Anand, Gujarat 388001 India.