By using MyMobilestreet Website developed and owned in its entirety by MyMobilestreet, which term includes, for the purposes of this agreement, its affiliates, agents, subcontractors, suppliers, consultants, advertisers, partners or any other associated entities), you agree and acknowledge that this END USER LICENSE AGREEMENT (“EULA”) is a legally binding and valid contract between the Company and yourself, and you agree to be bound by the terms and conditions hereinafter appearing including but not limited to the terms relating to the intellectual property rights of the Company. Additionally, you agree to become a member of any other group of which the Company is a member or becomes a member.
The Company in its sole discretion reserves the right to change, modify, add and/or delete any portions of this EULA (“Amendment”) at any time without notice. The Amendment shall be made available on the App and website. You confirm that it is your responsibility to review the Amendment. Your use of the App and Website pursuant to the Amendment shall signify your assent and acceptance to the Amendment along with EULA.
Subject to the terms of this EULA, the Company grants you a limited, non-exclusive, non-transferable, non-assignable, temporary, and non-sub-licensable right to use this App and website in accordance with this EULA. By way of this EULA, the Company does not in any manner transfer any right, title and/or any interest in the App and website to you; the license is purely to facilitate your use of the services offered/business transactions facilitated by the Company between the brand/firm whose goods/products have been listed on the website for sale (“Product”) as per the terms and conditions applicable to that Product and yourself and is not to be construed as a sale or transfer of any interest in the Website in any manner whatsoever.
You expressly agree and acknowledge that the Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the App and website In the event of your non-acceptance of any of the provisions herein, you agree to immediately uninstall and delete this App from your mobile device.
The Website and the license herein granted shall not be copied, shared, distributed, transferred, or sub licensed in whole or in part by you for any reason whatsoever.
This EULA grants you the sole right to install, register, and use only one/single licensed version of this website and you shall not allow others to use and/or copy the website from your mobile device. Any attempt to do so shall be at your sole risk, expense, and consequence.
You agree and acknowledge using the website in compliance with all the applicable laws and not for any other unlawful purpose whatsoever. You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged, or impaired in any way.
This website contains intellectual property including copyrighted material, trademarks, trade secrets, and other proprietary material of the Company. You shall not, for any reason whatsoever, attempt to, sell, lease, sublicense, distribute, transfer, copy, reproduce, modify, reverse engineer, disassemble, destroy, tamper, mutilate, add any functionality, decompile, adapt, store, time-share any part of the Website, and/or any information received or accessed there from. In addition you may not remove alter or obscure any copyright, legal, or proprietary notices in or on any portions of the Website. You may not use any meta tags or any other “hidden text” utilising the Company’s name or trademarks. Any use of the information/graphics/designs/software/code and other materials contained in the Website requires the prior written consent of the Company and may require a separate fee/charge that shall be decided at the sole discretion of the Company.
Third party content appearing in this Website is the property of their respective owners and the Company does not assert any rights in relation to the same. Such third party content is used by the Company subject to the fair use provisions of Indian Copyright law. You agree and acknowledge that you shall not create any derivative works and/or create any works that are based on or derived from the Website in whole or in any part thereof. The Company shall retain the sole, perpetual, and exclusive ownership of all right, title, and interest in and to the website, its title, content, images, graphics, designs, software, codes, videos, and all the intellectual property rights relating thereto.
No program, code, part, image, audio sample and/or text comprised in the App and Website may be copied or used in any manner by you except as intended as per this EULA.
This website requires you to create an account by way of a registration process in order to carry on transactions through the App and website. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself and your business (inclusive of KYC documentation and documentation as required by affiliated financial institutions for sanctioning credit facilities for transaction through the App and Website) as may be prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information, or another person’s name, likeness, voice, image or photograph, and also the KYC documentation, business details, and any such confidential details. You agree and acknowledge that any contravention of this Clause shall be construed as contravention of the Information Technology Act, 2000, and any amendments thereof and such other regulations that may be applicable as per the prevalent judicial system. You agree that you are solely responsible for maintaining the confidentiality of your account, username, and password, and for restricting access to your mobile device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account, username, or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You also agree to promptly notify us at the address set out at the end of this EULA of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this App and Website. In addition, you agree to exit from your account at the end of each session by logging off properly.
The Company in its sole discretion reserves the right to refuse access to the App and Website or terminate your account at any time without notice to you.
You expressly agree that your access and/or use of the website and purchase of the products available for sale therein are at your sole risk and consequence.The Company is in no way liable to you for any inaccuracies or errors in the contents, information, software, Product features etc. appearing on this website. It may include inaccuracies or typographical errors. Changes are periodically added to the contents. The Website may be temporarily unavailable from time to time due to required maintenance, telecommunications/server interruptions, or other disruptions including but not limited to delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, internet problems, server problems, defects, weather, strikes, walkouts, fire, acts of god, riots, armed conflicts, acts of war, or other like causes. The Company shall have no responsibility to provide you access to the Website while interruption to the website due to any such cause continues. The Company shall not be liable for any loss or liability resulting directly or indirectly, from such discontinuance of the services.
The Company shall not be liable to you or any third party, should the Company exercise its right to modify or discontinue any or all of the contents, information, software, Products, features and services published on the website at any point of time.
The Company makes no representations about the veracity and/or suitability of the contents, information, software, Products, features and services, contained on the website for any purpose. All such contents, information, software, features and services are provided “as is” without warranty of any kind either express or implied by the Company, including without limitation, any warranty for information, data, services, or Products provided through or in connection with the Website.
You acknowledge and undertake that you are transacting through the Website at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. The Company shall neither be liable nor responsible for any actions or inaction’s of any brand/firm whose Products are listed for sale on the Website nor any breach of conditions, representations or warranties by the brand/firm of the Products and hereby expressly disclaim any and all responsibility and liability in that regard.
Specifically, the Company disclaims any and all implied warranties and conditions of title, merchantability, fitness for a particular purpose, title, non-infringement, and availability in relation to the Products displayed on the App and Website. For the sake of clarity, in no event will the Company be liable to you and you hereby release the Company from any and all liability to you and you waive any right against the Company for contribution or indemnity arising from any third party claim against you in connection with (i) infringement of any third party’s intellectual property rights or (ii) the use of any Product. Warranties, if applicable to Products shall be provided by the brand/firm whose Products are listed for sale on the website and the Company shall in no manner be held responsible for any dispute regarding the same and/or failure of the brand/firm to honour such warranties.
You specifically agree that the Company shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website. You specifically agree that the Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of you and/or any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Company is not responsible for any content sent using and/or included in the website by you and/or any third party.
For the sake of clarity, in no event will the Company be liable to you for any direct, special, indirect, incidental, consequential, or punitive damages, however caused, on any theory of liability including contract, tort, negligence, strict liability, product liability, and whether or not you have been advised of the possibility of such damages, arising under any cause of action and arising in any way out of this EULA.
You acknowledge that the information provided through the website is compiled from sources, which are beyond the control of the Company though such information is generally recognised to be generally reliable, you acknowledge that inaccuracies may occur and the Company does not warrant the accuracy or suitability of the information. The Company does not endorse in anyway any advertisers/contents of advertisers on the pages of the website. You are to verify the veracity of all information on your own before undertaking reliance and action thereupon. The Company shall not be responsible nor liable for any consequential damages arising on account of you relying on the contents of any advertisement.
If you believe that the content on this website is illegal, offensive, infringing, or objectionable, or unlawful in any manner whatsoever, please notify us immediately by writing to us in the email address provided below. Upon proper investigation, the Company will take reasonable efforts to remove such content, if found illegal, offensive, infringing, or objectionable or unlawful in any manner whatsoever.
Under this EULA, you assume all risk of errors and/or omissions in the website, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the website, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under EULA.
EQUIPMENT AND OPERATION
You shall provide and maintain all smartphone/internet and other equipment necessary to access the website and the costs of any such equipment and/or mobile/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the website.
You also agree to receive communication from the Company by way of calls, SMS, email, and any other mode of communication, in relation to your transactions on the website, which may include information related to orders, delivery, credit, transactions, and offers. You undertake to not initiate any legal/statutory action against the Company arising from your receipt of such communication. The Company shall remain under an obligation to comply with the applicable TRAI regulations and any other applicable laws and agrees and acknowledges to not contravene the same.
LINKS TO THIRD PARTY SITES
The links in the website will allow you to access websites (“Linked Sites”) other than the website. You acknowledge that, when you click on a link to visit site/app thus linked, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. The Linked Sites are not under the direct or indirect control of the Company. The Company has not reviewed, nor approved the contents of the Linked Sites and is not responsible for the contents or omissions of any Linked Site or any links contained in a Linked Site. The inclusion of any Linked Site does not imply endorsement by the Company of the same. You shall access all such links at your sole risk, cost and consequences.
The Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party on the Linked Sites. You hereby irrevocably waive any claim against the Company with respect to information, content and materials contained on the Linked Sites and any information, content, and materials you provide to such third party sites (including, without limitation, credit card, KYC, and other personal/business information). The Company strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third party Linked Sites.
You may opt to avail upgraded services as the company may decide time to time as part of your membership with the company through the website. The Upgraded Services may include, without limitation, the services provided by the Company in connection with its Payments, Credit and such other facilities as may be decided by the Company from time to time at its sole discretion. The Company may at its sole discretion agree to provide you with any of the Upgraded Services and the Company reserves the right to not provide you with any Upgraded Service without providing you with any reason whatsoever. For availing the Upgraded Services, you will be required to pay such service fees on such frequency as may be decided by the Company from time to time at its sole discretion. The details of the service fees charged by the Company for providing you with any Upgraded Services shall be as set out in the invoice issued by the Company to you from time to time. The Company reserves the right to vary the fees applicable to any Service by providing you with a written notice in this regard.
The Company may amend or vary the terms and conditions in relation to the provision of the Upgraded Services at any time without any notice and make such amended or varied terms and conditions available on the website. You agree that you will be bound by such amended or varied terms and conditions on and from the date of on which the Company makes the amended or varied terms and conditions available on the website. Your use of the website post the amendment or variation of the terms and conditions in relation to the provision of the Upgraded Services shall signify your assent and acceptance to any such amendment or variation, as the case may be.
CONFLICTING TERMS AND SEVER ABILITY
If there is any conflict between the EULA and other documents, the EULA shall govern and be effective, whether such other documents is prior to or subsequent to herewith, or is signed or acknowledged by any director, officer, employee, representative or agent of the Company. If any part of this EULA is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the EULA shall continue in effect. No waiver of any provision of the EULA by us shall be deemed a further or continuing waiver of such provision or any other provision, and the Company’s failure to assert any right or provision under these the EULA shall not constitute a waiver of such right or provision.
If the Company takes action (by itself or through its associate companies) to enforce any of the provisions of this EULA, including but not limited to collection of any amounts due here under, claim of any and all other nature against you etc. the Company shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
The EULA and Amendment thereto constitutes the entire agreement between the Company and you, and no other agreement, written or oral, exists between you and the Company.
The EULA shall remain in full force and effect unless terminated or cancelled for any of the following reasons: (a) immediately by the Company for any unauthorized access or use by you (b) immediately by the Company if you assign or transfer (or attempt the same) any rights granted to you under this EULA; (c) immediately, if you violate any of the provisions herein. Termination or cancellation of this EULA shall not affect any right or relief to which the Company may be entitled to, at law or in equity in any part of the world. Upon termination of this EULA, rights (if any) granted to you will immediately terminate and revert to the Company.
Upon termination, the website will be immediately deleted from your mobile device.
The Company expressly reserves the right to restrain you from installing, registering, on or using the website in the future after the termination of this EULA.
The terms of this EULA are exclusively based on, construed according to and subject to the jurisdiction of Indian law. You hereby irrevocable consent to the exclusive jurisdiction, seat, and venue of competent courts in Delhi, India, in any and all disputes arising out of or relating to the use of the website.