Last updated: 12th July 2019
TERMS OF SERVICE
- Contests, Sweepstakes and Promotions
- Free Trial
- Fee Changes
- Prohibited Uses
- No Use By Minors
- Intellectual Property
- Error Reporting and Feedback
- Links To Other Web Sites
- Disclaimer Of Warranty
- Limitation Of Liability
- Governing Law
- Changes To Service
- Amendments To Terms
- Waiver And Severability
- Contact Us
- Legally Binding Agreement By accepting this User Agreement, either through clicking ‘proceed’ or clicking a box indicating acceptance on our website or mobile application you represent and warrant that you have read, understood, and agree to be bound by this User Agreement executed between you and us.
- Eligibility Use of our Services is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors are not eligible to use the Services, website or mobile application. If you are a minor i.e. under the age of eighteen  years, you should not use our Services or access or transact on our website or mobile application in any manner whatsoever. If you are still using the App then parental guidance is a must.
- Ownership of Website, Content and Trademarks Unless otherwise agreed in writing, all materials on our website and mobile application, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, audio clips, sounds, music, artwork, computer code, software and other materials, and the copyrights, trademarks, trade names, service marks, logos, trade dress and/or other intellectual property rights in such materials [collectively, the “Content”], are owned, controlled and/or licensed by us, our associated entities or our licensors. The Content are intended solely for personal, non-commercial use. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any downloading or copying of the Content. You shall not, either yourself or assist any person to, reproduce, publish, upload, transmit, encode, distribute, mirror, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the website or mobile application in connection with any public, business or commercial purpose. Any such use shall be deemed to be a violation of our intellectual property and proprietary rights. Any use for which you receive any remuneration, whether in money or otherwise, shall be considered commercial use for the purposes of this clause. Certain trademarks, trade names, service marks and logos used or displayed on our website and mobile application are registered and unregistered trademarks, trade names and service marks of us and our associated entities. Other trademarks, trade names and service marks used or displayed on our website and mobile application are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on our website and mobile application grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such website and mobile application. Any use of such materials without our express written permission is strictly prohibited.
- Use of our Services, Website and Mobile Application
You accept, agree and confirm that you shall use our Services only as permitted under this User Agreement and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from your country of residence.
You agree that you shall not use any “deep-link”, “robot”, “page-scrape”, “spider”, or other automatic or manual device or process, software, program, code, algorithm or methodology, to access, acquire, copy or monitor any portion of our website, mobile application or Content, or in any way reproduce or circumvent the navigational structure or presentation of our website, mobile application or Content, or obtain or attempt to obtain any materials, documents or information through any means not purposely made available by us through the website or mobile application. We reserve the right to take measures to prevent any such activity. You agree that you shall not resell use of, or access to, the website or mobile application to any third party.
You agree that you shall not gain or attempt to gain unauthorized access to any portion or feature of our website or mobile application, or any other systems or networks connected to the website or mobile application or to any of our business partners’ servers, systems or networks, or to any of the services offered on or through our website or mobile application, by hacking, “password-mining” or using any other illegitimate method of accessing data.
You agree that you shall not probe, scan or test the vulnerability of our website or mobile application or any network connected to the website or mobile application, nor breach the security or authentication measures on our website or mobile application or any network connected to our website or mobile application. You agree not to reverse look-up, trace or seek to trace any information on any other visitor to our website or mobile application, or any other customer of ours in any way where the purpose is to discover materials or information, including but not limited to personal information, personally identifiable information [“PII”] or other information that reasonably could be used to connect non-PII to PII.
You agree that you shall not take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the website or mobile application or our systems or networks, or any systems or networks connected to the website or mobile application or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack.
You agree that you shall not use or exploit the data that is available on our website or mobile application for commercial purposes, including any web scraping activities to obtain information.
You agree that you shall not use any device, technology, software, routine or method to interfere or attempt to interfere with the proper functioning or features of our website or mobile application or any transaction occurring on our website or mobile application, or with any other person’s use of our website or mobile application.
You agree that you shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through our website or mobile application. You must not impersonate or pretend that you are any other person or falsely claim you represent another person or entity.
You agree that you shall not use our website or mobile application or any Content for any purpose that is unlawful or prohibited under this User Agreement and the laws of all relevant jurisdictions.
You agree that you shall at all times ensure full compliance with the applicable provisions of the Indian Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all other applicable laws, rules and regulations in all relevant jurisdictions.
By using our website or mobile application to send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and that you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise. Your further agree that the transmission of emails, data, information, documents or other communication via internet or electronic communication devices are not entirely secure and you accept the risks associated with the abuse or misuse of electronic communication channels, hacking, fraud etc., irrespective of the strict procedures and security features which we will implement to try to prevent unauthorized access.
You must not do any of the following when using our website or mobile application:
- Create accounts using fake, fraudulent or otherwise false means;
- Transfer or otherwise assign login details of your account without our express prior written consent; and
- Infringe a third party’s intellectual property rights.
- Competitions and Promotions From time to time, we may offer special promotions or competitions. Where we do offer such promotions or competitions, we will make a copy of the applicable terms available on the offer page.
- User–Generated Content Rules
You must comply with the rules governing User-Generated Content [“User- Generated Content Rules”] set forth in this section.
If you post any content on our website or mobile application, you are solely responsible for each User-Generated Content that you post or transmit to other users and you agree to indemnify us fully. You further agree that you will not hold us responsible or liable for any User-Generated Content from another user that you access on our website or mobile application.
Categories of prohibited User-Generated Content are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User-Generated Content. Without limitation, you agree that you shall not host, display, modify, upload, post, publish, transmit, update or share any content on our website or mobile application or to other users that you know or reasonably believe:
- is defamatory, libellous, abusive, obscene, pornographic, pedophilic, profane, offensive, invasive of other’s privacy or unethical; or
- is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women [Prohibition] Act, 1986 or other applicable laws; or
- infringes or violates another party’s intellectual property rights [such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on, or transmit to others], including any party’s right of publicity or right of privacy [including but not limited to unauthorized disclosure of a party’s name, phone number, email address or any other details]; or
- violates or encourages the violation of any law, statute, ordinance or regulation [including, but not limited to, criminal laws, those governing export control, consumer protection, unfair competition, money laundering or gambling, anti- discrimination or false advertising] or could give rise to civil liability; or
- is harmful, threatening, harassing, unethical, ethnically objectionable or that promotes racism, bigotry or hatred of any kind against any group or individual; or
- promotes or encourages violence, harassment, hatred, racism, bigotry against an individual or a group of individuals; or
- promotes damage or destruction of property; or
- is inaccurate, fraudulent, false or misleading in any way; or
- impersonates another person; or
- is illegal or promotes any illegal activities; or
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or limit access to our website or mobile application; or
- contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; or
- contains or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
- harm minors in any way; or
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
- contains material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
- solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal; or
- provides unauthorized access or exceeds the scope of authorized access to our website or mobile application or to profiles, account information or other areas of our website or mobile application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- interferes with another user’s use and enjoyment of our website or mobile application; or
- refers to any website or URL that, in our sole discretion, contains material that is inappropriate and contains content that would be prohibited or violates the letter or spirit of this User Agreement.
- When using our website or mobile application, you may be exposed to User- Generated Content from a variety of sources. We are not responsible for the content, accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated Content. It is possible that other users [including unauthorized users or “hackers”] may post or transmit incorrect, offensive or obscene materials and that you may be involuntarily exposed to such incorrect, offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the website and mobile application, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using our Services, website and mobile application you acknowledge and agree that we are not responsible for the use of any personal information that you may rely on or publicly disclose or share with others on our website or mobile application.
- Copyright and Trademark Rules We are committed to complying with copyright and related laws, and we require all users of our website and mobile application to comply with these laws. Accordingly, you must not post or store any material or content on, or disseminate any material or content in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You must not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the intellectual property rights of others upon receipt of proper notification to us by the intellectual property rights owner or their legal agent. If you believe that your work has been copied and posted on our website or mobile applications in a way that constitutes copyright or trademark infringement, please contact us at: firstname.lastname@example.org
- Fees, Charges and Taxes All charges listed on our website or mobile applications are in US Dollars [USD], or their corresponding value in the currencies which you opt to view. The charges listed on our website and mobile application are, where applicable, inclusive of taxes, duties and cesses [as applicable] unless stated otherwise. If any additional charges or fees apply these will be clearly disclosed at the beginning of the payment process.
- Payment We accept payment [through our third-party merchants] through any of the payment methods specified on our mobile application. We do not directly collect your payment. A third party payment gateway collects your payment on our behalf. We will thus not be liable or responsible for your use of such third-party payment services. While availing any of the payment methods available on our mobile application or website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transactions, or exceeding the preset limit mutually agreed by you and your bank, or any payment issues arising out of the transaction, or decline of transaction for any other reasons.
- Automatic Subscription Renewals We offer a EDAPT Prime plan with additional features for a fixed subscription fee. Fees for this plan shall be billed on a recurring basis. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our subscription plan for which we charge through a third party payment gateway, you authorize such third party payment gateway to keep your payment current by charging your credit card account [or any other means of payment used by you] for the applicable fees payable to us. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account and follow the instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the EDAPT application from your device. Deleting your account on EDAPT or deleting the EDAPT application from your device does not cancel your subscription.
- Free Trials We may offer free trials of subscriptions on our website or mobile application. All such free trials can only be availed once. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation.
- Cancellation You may cancel your subscription at any time and for any reason. When you cancel your subscription, you will not receive any refund of any subscription fees. Where applicable, and unless otherwise set forth in your specific plan details, your account will remain active until the end of your current subscription term unless otherwise terminated by us. The subscription fees will not be prorated or refund for partial month usage. However, subscription fees charged to your account after receipt of your cancellation will be refunded. EDAPT will retain all funds charged to your Payment Method until you cancel your subscription on the third party account, as applicable. You will forfeit your accumulated contacts, points, and rating upon the effective date of your cancellation.
- Termination We may suspend or terminate your account and/or use of our Services at any time in accordance with this User Agreement and without any prior notice to you. No refunds in any manner whatsoever shall be provided in such a case.
- Refund As stated above, we do not provide refunds on any subscription fees or charges.
- Links to Our Websites; Third Party Links on Our Websites Creating or maintaining any link from another website to any page on our website or mobile application without our prior written permission is prohibited. Running or displaying our website or mobile application or any information or material displayed on any website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to our website or mobile application must comply with all applicable laws, statutes, rules and regulations. From time to time, our website or mobile application may contain links to other websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. If you use these links, you will leave our website or mobile application and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites or mobile applications that are not owned, operated or controlled by us.
- Change in Website, Mobile Application or Content We reserve the right, in our sole discretion, to: modify, suspend or discontinue any of our Services, Content, feature or product offered through our website or mobile application, with or without notice; modify and/or waive any fees charged in connection with our Services; and/or offer opportunities to some or all users of our Services. You agree that we shall not be liable to you or any third party should any of the foregoing occur with respect to our Services.
- Disclaimers; Limitations on Liability; Indemnity
Your use of our website, mobile application and the Services offered through it are at your own risk. The Content and Services provided by us are on an “as is” basis without any representations or warranties of any kind including the warranty of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Without prejudice to the forgoing, we do not warrant that:
- Our Services will be constantly available, or available at all; or
- Our Services will definitely assist or help you in any manner whatsoever.
- We will not be liable to you in any way or in relation to the Content or the Services offered by us.
We do not warrant that our website, mobile application, information, Content, materials, product [including software] or Services included on or otherwise made available to you through our website or mobile application; their servers; or electronic communication sent from us are free of viruses or other harmful components. We do not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing our website or mobile application.
Nothing on our website or mobile application constitutes, or is meant to constitute, advice of any kind. None of the Services offered by us contains, or is meant to contain, advice of any kind.
In no event will we or any of our respective officers, directors, employees, shareholders, associated entities, agents, successors or assigns, nor any party involved in the creation, production or transmission of the website or mobile application, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages [including, without limitation, those resulting from lost profits, lost data or business interruption] arising out of the use, inability to use, or the results of use of our website or mobile application, any websites linked to our website or mobile application, or the materials, information or Services contained on our website or mobile application, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities or damages, shall not exceed the amount you paid to subscribe to our Services.
To the extent that you cause or contribute to any loss or damage suffered, our liability to you for any such loss or damage shall be reduced to that extent.
You agree to defend, indemnify and hold us and our associated entities harmless, and our officers, directors, employees, business partners and agents, from and against any and all claims, demands, actions, damages, obligations, losses, liabilities, costs or debt, and expenses [including but not limited to reasonable attorneys’ fees] arising from:
- any breach by you of any of the terms of this User Agreement, including but not limited to any other Policies constituted by us governing the use of our Services; or
- your violation of any applicable law, rules or regulations or any agreement or terms with a third party to which you are subject to; or
- your User-Generated Content; or
- your use of materials or features available on our website or mobile application.
- Governing Law; Severability; Waiver; Dispute Resolution; Force Majeure; Assignment
It is your responsibility to ascertain and obey all applicable local, state, and international laws, statutes, rules and regulations [including minimum age requirements] related to the use of our Services and use of our website and mobile application. Any dispute arising out of, or relating to, the use of our Services, our website or mobile application will be governed by and construed in accordance with the laws of India.
This User Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws applicable in Mumbai, India. Any dispute connected with the formation, performance, interpretation, nullification, termination or invalidation of this User Agreement or arising from, or related to, this User Agreement in any manner whatsoever shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Mumbai Centre for International Arbitration (MCIA Rules), which rules are deemed to be incorporated by reference into this clause. For the purposes of any arbitration proceedings commenced pursuant to this clause or this User Agreement:
- the number of arbitrators shall be one;
- the seat or legal place of arbitration shall be Mumbai, India;
- the governing law of this User Agreement shall be the substantive law of Republic of India; and
- the language to be used in the arbitral proceedings shall be English.
- If any part of this User Agreement shall be held or declared to be invalid or unenforceable for any reason by any court or arbitration forum of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the User Agreement. Any failure by us to partially or fully exercise any rights or the waiver of any breach of the User Agreement by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the User Agreement. Our rights and remedies under the User Agreement shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. Any claim arising out of, or relating to, this User Agreement must be brought within one  year after the cause of action arises, or such claim or cause of action is barred. You shall not seek recovery or damages other than for the amount you paid to purchase the Services related to your claim. In the event of any controversy or dispute between us and you arising out of or in connection with your use of our Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time [not to exceed 30 calendar days], then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under the terms of this User Agreement. A party shall not breach this User Agreement and is not liable to the other party for a delay or failure to perform an obligation resulting from events or circumstances beyond a party’s reasonable control, including acts of God, war, flood, fire, storm, explosion, civil disobedience, tempest, theft, vandalism, riots, terrorist actions, wars, interruption to telecommunications systems, network failure or the act or omission of any third party [other than contractors or subcontractors] over which the party has no control, but does not include an obligation to pay monies. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this User Agreement. We have the right to assign or otherwise delegate all or any of our rights or obligations under this User Agreement to any person.