Hamara Hathras Mobile Application – Terms and Conditions
These Terms and Conditions (“Terms”) apply to Hamara Hathras mobile application (“Application”). By registering or installing the Application or by using any Hamara Hathras products, software, data feeds, and services provided to you on, from, or through the Application , you agree to all of the terms and conditions contained herein. These Terms constitute a legally binding agreement between you and Hamara Hathras and govern your use of the Application and the information, offers, services, features, content, offered through the Application (“Services”). These terms may be updated by Hamara Hathras from time to time. You agree to access the Application subject to acceptance of the Terms as set out herein. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into these terms. “User” or “You” means any person who accesses, avails or uses the Application for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Application. If you are an individual you must be over the age of majority under the laws of your jurisdiction to enter into this agreement, otherwise, you are expressly prohibited from entering into this agreement. By clicking on the â€œI Acceptâ€ button, you represent and warrant that you are at least 18 years old and above and capable of understanding and entering into a legal contract. You agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which Hamara Hathras may suffer) of any such breach.
BY USING THE APPLICATION, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, KINDLY DO NOT USE THE APPLICATION. These Terms apply to all who access the Application and form an agreement between you and us. Hamara Hathras reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Application following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Hamara Hathras grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application. Your access and use of the Hamara Hathras Application is subject to and governed by these Terms, including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to your use of or access to any particular Hamara Hathras website, Hamara Hathras materials, or user content. This Terms form a legally binding agreement between you and Hamara Hathras. By clicking the â€œI Acceptâ€ button as part of the registration process you accept and agree to abide by the terms of these Terms. If You do not agree to these Terms, You should not click the â€œI Acceptâ€ button (or equivalent) or attempt to access or use this Application or any other Hamara Hathras website, materials, or user content. You are advised that you read these Terms carefully before signing up.
4. OBLIGATIONS â€” PERMISSIONS AND RESTRICTIONS
Hamara Hathras hereby grants you permission to access and use the Service as set forth in these Terms, provided that: A. You agree not to distribute in any medium any part of the Service or the Content without Hamara Hathras’s prior written authorization. B. You agree not to alter or modify any part of the Service. C. You agree not to access Content through any technology or means other than that which is allowed, authorised and provided for in the Service itself. D. You agree not to offer for sale access to the Service; E. You agree not to use the Application or Services for any purpose that is unlawful or prohibited by these Terms nor shall you shall use the Application in any manner that could damage, disable, overburden, or impair any hathrasive.com server, or the network(s) connected to any hathraslive.com server, or interfere with any other party’s use and enjoyment of any services. F. You further concur that you shall not, through the Application or Services indulge in the following activities: a) delete from the Application any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; b) use the Application/Services in any manner that could damage, disable, overburden, or impair â€” or undertake any action which is harmful or potentially harmful to any Hamara Hathras server, or the network(s), computer systems/resources connected to any Hamara Hathras server, or interfere with any other party’s use and enjoyment of the Application/Services; c) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application/Services; d) perform any activity which is likely to cause such harm; e) carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on the Application or internet service or; disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Hamara Hathras website or the website of any Hamara Hathras customer; f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Application; g) impersonate any person or entity, including, but not limited to Hamara Hathras’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; h) take any action which encourages or consists of any threat of harm of any kind to any person or property or make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum; i) collect or attempt to collect personally identifiable information of any person or entity without their express written consent; j) engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “grieving” as those terms are commonly understood and used on the Internet; k) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation. G. In your use of the Service, you will comply with all applicable laws.
- PROHIBITED ACTIVITIES
- YOUR USE OF CONTENT
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. A. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Hamara Hathras, subject to copyright and other intellectual property rights under the law. B. Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a â€œdownloadâ€ or similar link displayed by Hamara Hathras on the Service for that Content. C. Hamara Hathras reserves the right to discontinue any aspect of the Service at any time. D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein. E. You understand that when using the Service, you might be exposed to Content from a variety of sources, and that Hamara Hathras is not responsible for the accuracy, usefulness or safety of or relating to such Content. You agree to indemnify and hold harmless Hamara Hathras, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- Account Termination Policy
- Hamara Hathras will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be an infringer. B. Hamara Hathras reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Hamara Hathras may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
- Copyright and IPR Policy
- Hamara Hathras operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. B. As part of Hamara Hathrasâ€™s copyright policy, Hamara Hathras will terminate user access to the Application if a user has been determined to be an infringer. C. Unless otherwise stated, copyright and all intellectual property rights in all material presented in the Application, including but not limited to content, trademarks and logos appearing in this Application, are the property of Hamara Hathras or its affiliate entity or its licensors and are protected under applicable Indian laws. Any infringement shall be vigorously defended and proceeded against to the fullest extent permitted by law.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Hamara Hathras, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, Hamara Hathras EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Hamara Hathras DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Hamara Hathras WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Hamara Hathras, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, Hamara Hathras LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN). YOU SPECIFICALLY ACKNOWLEDGE THAT Hamara Hathras SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Hamara Hathras from its facilities in Hathras, Uttar Pradesh, India. Hamara Hathras makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions outside India do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Hamara Hathras, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim which arises from your Conduct which caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
- Capability to Accept Terms of Service
As stated above, you affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Hamara Hathras provides these Terms with our Service so that you are aware as to the various terms and conditions which apply to your use of the Services. You acknowledge that Hamara Hathras has given you a reasonable opportunity to review these Terms and that you have agreed to them in totality.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hamara Hathras without restriction.
- Jurisdiction :
These Terms shall be governed by the laws of India. The courts of law at District Hathras of Uttar Pradesh only shall have exclusive Jurisdiction over any disputes arising under these Terms.
You and Hamara Hathras agree that any cause of action arising out of or related to the use of this Application must commence within three months after such cause of action accrues. Otherwise, such cause of action will be permanently barred.
- These Terms, together any other legal notices published by Hamara Hathras on the Application, shall constitute the entire agreement between you and Hamara Hathras concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hamara Hathrasâ€™s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. ii. Grievance Redressal/Notice Any complaints, misunderstanding, conflicts, notice, abuse or concerns with regards to the Content and/or comment or breach of these Terms shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through email in English language signed with the electronic signature to: email@example.com Dated : 2017 Place : Hathras, Uttar Pradesh, India.