TERMS OF USE

Please read this Terms of Use agreement (the “Agreement”) carefully. Your use of the Application (defined in Clause 1) and Services (defined in Clause 1) thereof constitutes YOUR agreement to this Agreement. 

This Agreement entered into between Periwinkle Technologies, a sole proprietorship having its place of business at B2, Samrat Ashok Hsg Soc, Veerbhadra Nagar, Baner, Pune 411045( referred to as  “WE”, “OUR” and “US”), and you ( referred to as “YOU” or “YOUR”).

This Agreement contains the terms and conditions that governs the YOUR use of the Application and Service.

BY CLICKING THE “I ACCEPT” BUTTON (INDICATING ACCEPTANCE ELECTRONICALLY) YOU AGREE THAT YOU HAVE READ AND UNDERSTOOOD THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT AND THE PRIVACY POLICY OF THE COMPANY AND HEREBY AGREE TO BE BOUND BY THIS AGREEMENT AND PRIVACY POLICY. FURTHER, YOU AGREE TO RECEIVE REQUIRED NOTICES, IF ANY, AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY, PLEASE DO NOT USE OUR APPLICATION.

WE RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT AND THE PRIVACY POLICY IN OUR SOLE DISCRETION. THE MOST CURRENT VERSION OF THIS AGREMENT, WHICH SUPERCEDES ALL PERVIOUS VERSION, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON OUR WEBSITE.

1.            Registration

You must register with the mobile software application Bhramar 1.0 and above (referred to as “Application”) in order to use certain functions and platform of the Application, such as Android (referred to as “Service”). If YOU just browse this Web Site, registration is optional.

During registration, the YOU will be required to provide contact information, consisting of an email address, username and password. YOU can select any username as YOU like, except that YOUR username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or term that is offensive in any way. YOU may, but are not obliged to, use YOUR own name. If YOU do not use YOUR own name, YOU consent to it being passed on to others by use of certain functionalities available in the Application. WE reserve the right to reject or remove any username.

For certain function of OUR Application, such as reviewing and tracking YOUR use of the Application or to provide effective Service of the Application, YOU may be required to provide YOUR name, sex, age, mobile or cellular phone number; without limiting the generality of foregoing, YOU are required to provide accurate and complete information.

2.            Age of Users

If YOU are under the age of 18, YOU may use this Website and its platform only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If YOU are parent or legal guardian agreeing to this Agreement for on behalf of a child under the age of 18, be advised that YOU are fully responsible for his or her use of Application and Service, including all financial charges and legal liability that he or she may incur.

3.            OUR Privacy Policy

Your use of this Application signifies YOUR continuing consent to the Company’s Privacy Policy, which YOU can examine any time by clicking on the “Privacy Policy” link on OUR website www.bhramarapp.com/legal/privacy.html

The “Personal Information” that YOU supply to US, and any information about YOUR use of the Application and its platform that WE obtain will be subject to the OUR Privacy Policy.

For the purpose of this Section the Personal Information shall have same meaning as ascribed to such term in the Information Technology Act, 2000 and the rule made there under i.e. Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, as amended from time to time.

4.            Changes to the Application

WE may discontinue or change any content, including without limitation, any platform of the Application for the use of Service, function or features of the application at any time with or without notice. 

5.            Proper use of Application and Content Provided by YOU

5.1          When YOU use, any and all, contents or platform displayed on the Application, or any other function of the Application, YOU agree at all times to OUR Agreement and Privacy Policy, which YOU may access through OUR website. You may use the content or platform of the Application for the purpose of availing OUR Service for YOUR own personal non-commercial use only, and shall use the Application and Service in a manner consistent with the applicable laws of India.

5.2          It is YOUR responsibility to ensure YOUR computer or mobile or like devices meets all the necessary technical specification to enable YOU to access and use the Application.

5.3          Applications are only licensed for use on computer or mobile or like devices owned or controlled by YOU, so YOU must make sure that YOU use an appropriate device to access and use the Application. 

5.4          By posting, any and all, content or data or information (referred to as “Content”) YOU grant a non-exclusive, royalty-free, perpetual and worldwide license to such Contents. This license includes the perpetual right for US to post the Content through OUR Application and to copy, archive, distribute, abridge, transmit, display, edit, translate and reformat any Content, and/or to incorporate it into collective work, database or archive.   By posting any Content YOU represent that YOU have all required rights and permission to do so, and such posting of relevant Content does not violate intellectual property right of third party as per the laws of Republic of India.

5.5          YOU are not required to include any information in any Content that identifies YOU. If YOU choose to provide personal identifying information, YOU do so at YOUR own risk.

5.6          WE reserve the right not to post or to remove any Prohibited Content (defined below) from the Application for any reason. WE may, but is not required to, screen Content before posting or use. WE may limit the length of Content.

5.7          What YOU cannot do -

      5.7.1    YOU shall not, directly or indirectly, use any reverse engineering, de-compilation, recompilation or disassembly techniques or similar methods to determine any design, concept, construction method or other aspects of the Application for any purpose.

      5.7.2       YOU shall not use any hazardous program, spider or “bot” to gather or ‘harvest’ information from the Application. 

      5.7.3      YOU shall not provide or insert any Content through the Application that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threating, infringing of any third party rights, invasive of personal privacy, or otherwise objectionable (collectively referred to as “Prohibited Content”). 

6.            Proprietary Rights

WE reserve all rights under intellectual property law of India in the Application and/or Service, and in any content that is in the Application. Without limiting the generality of the foregoing WE reserve all rights, under the intellectual property laws of Republic of India, in the Content either developed or modified by YOU, and  such content shall be deemed to be “Work-Made-For-Hire” for US, and to the extent not work-made-for hire, such content shall be deemed to be assigned to US.

You shall not reproduce, reprint, publish, or otherwise exploit content or technology or the Contribution(s) from the Web Site without OUR express prior written consent.

7.            Electronic Delivery Statement and Your Consent

YOU agree that WE may provide to YOU notices and other information concerning the Application and/or Service through electronic means to any of YOUR address(s), including the email given by YOU.  

8.            Disclaimer of Warranties

8.1          DISCLAIMER OF WARRANTIES FOR APPLICATION/SERVICE

WE provide the Application, its contents and platform, and the Service on “AS IS” basis. WE do not make express warranties or guarantee as to Application, its contents and the platform and/or Service.  TO THE  EXTENT PREMITTED BY LAW, WE DISCALIM IMPLIED WARRATNIES INCLUDING ANY WARRANTY THAT THE APPLCATION IS OR WILL BE FUNTIONABLE OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRIGING. WE DO NOT GUARATNEE THAT THIS APPLICATION, ITS CONTENT OR PLATFORM, OR SERVICE WILL MEET YOUR REQURIEMENT, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WIHOUT INTERRUPTION.

8.2          THIRD PARTY SITES AND ADVERTISERS

WE MAY INCLUDE IN THE APPLICATION A LINK TO OR ADVERTISEMENT OF OR DATA FROM THIRD PARTY WEB SITES OR APIS OR SERVICES OR PRODUCTS (“THIRD PARTY ADVERTISER”). YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT OR OTHER MATERIAL ON THIRD PARTY SITES OR SERVICES OR PRODUCTS OR API DATA DISPLAYED THROUGH OUR APPLICATION. YOU ALSO AGREE THAT THE WE ARE NOT RESPONSIBLE FOR CONTENT OR CLAIMS SUPPLIED BY OUR THIRD PARTY ADVERTISER. WE ARE NOT RESPONSIBLE FOR ANY TRANSACTIONS OR DEALINGS BETWEEN YOU AND ANY THIRD PARTY ADVERTISER. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CLAIM OR LOSS OCCURRED AND ATTRIBUTABLE TO THIRD PARTY ADVERTISER.

8.3          INTERNATIONAL USE

WE MAKE NO REPRESENTATION THAT CONTENT ON APPLICATION OR ITS PLATFORM OR THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE REPUBLIC OF INDIA. IF YOU CHOOSE TO ACCESS THE APPLICATION OR SERVICE A LOCATION OUTSIDE REPUBLIC OF INDIA, YOU DO SO ON YOUR OWN INITIATIVE AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

9.            Limitation of Liability

IN NO EVENT, WE OR OUR REPRESENTATIVES, OFFICERS, EMPLOYEES OR AGETNS SHALL BE LIABLE FOR: (A) ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF SLAE, LOSS OF REPUTATION, (B) ANY LOSS OR INACCURACY OF DATA OR INFORMATION OR FAILURE PROVIDED IN THE APPLICATION OR THROUGH THE APPLICATION OR INADEQUACY OF ANY SECURITY SYSTEM OR FAILURE, AND (C) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED; IN EACH CASE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF DAMAGES. 

10.         Indemnification

You agree to defend, indemnify, and hold harmless US, and OUR respective employees, contractors, officers, directors, and agents (collectively “Affiliates”) from and against, any and all, liability, claims , losses, damages , costs and expenses (including attorney’s fees) and any award of damages or cost made against US or OUR Affiliates in connection with any claim arising out of YOUR  breach of representation set out Clause 5.4, and YOUR violation of the Agreement as amended from time to time.

11.         Choice of Law and Location for Resolving Disputes

11.1       This Agreement shall be governed by the laws of Republic of India.

11.2       YOU further agree that any disputes or claims that YOU may have against US will be resolved by a court located in the state of Maharashtra in the city of Pune, and YOU agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURT OF PUNE IN THE STATE OF MAHARASHTRA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

12.         Binding Arbitration

12.1       Any dispute, differences or controversy of whatever nature and howsoever arising under or out of or in relation to this Agreement, or Privacy Policy between the  parties, and so notified in writing by either party to the other party (the ‘Dispute’) shall, in the first instance be attempted to be resolved amicably.

Any Dispute which is not resolved amicably by conciliation within the period of 30 days shall be finally decided by arbitration in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996.

12.2       The Venue of such Arbitration shall be city of Pune, Maharashtra, India and language of Arbitration shall be English.

12.3       The parties agrees that an award may be enforced against the either party, as the case may be, and their respective assets wherever situated.

13.         Severability and Integration

This Agreement and Privacy Policy, and any supplemental terms, policies, rules and guidelines posted on through OUR Application or Website, constitute the entire agreement between YOU and US and supersede all previous written or oral agreements. If any part of this Agreement or Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.

14.         Contact Us

If YOU have any questions, complaints or comments about the Application and/or Service, then please contact US at info@bhramarapp.com.

15.         Termination

WE reserve the right to terminate YOUR use of the Application and/or Service if YOU violate the terms and conditions of this Agreement or any rules or guidelines posted on OUR website or for any other reason in OUR discretion.