TERMS AND CONDITIONS:
Vibhin Online Services Private Limited, a company incorporated under the Companies Act, 1956 having its registered office at B/5, Takshashila, Manavmandir Apt, Ramanagar, Maninagar, Ahmedabad 380008, who is the owner of the mobile application Homedelight.in (the “Application Provider”) reserves all rights not expressly granted to you under these Terms and Conditions. Homedelight.in mobile application, the product that is subject to these Terms and Conditions is hereafter referred to as the “Licensed Application”.
Scope of License:
This license granted to you for the Licensed Application by the Application Provider, is limited to a non-exclusive, non-transferable, license to use the Licensed Application on any Android™ device that you own or control. This license does not allow you to use the Licensed Application on any Android™ device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. Nothing contained in the Licensed Application should be considered as granting you, by implication or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Licensed Application. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern its use.
User Access and Consent to Use of Data:
By downloading and registering with the Licensed Application, you represent that you are not barred by any law, in any jurisdiction or bound by any agreement that restricts your rights to access, download and register with the Licensed Application and to make payments through the Licensed Application.
In order to register with the Licensed Application you will have to provide your mobile number. You will ensure that the mobile number provided for registration with the Licensed Application is your own and does not belong to any third party and that it is a valid and existing mobile number.
You will solely be responsible for all usage or activity in your account after registration with the Licensed Application, including use of the account by any third party authorized by you. You agree that you will not use the Licensed Application to post pornographic content or content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or market, or sell business, products or services that is illegal. Any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for removal of such content and/or termination of your account at the Application Provider’s sole discretion. You will immediately notify the Application Provider at email@example.com any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. The Application Provider will not be liable for any losses caused to you, whether directly or indirectly for any unauthorised use of your account or for your failure or delay to intimate the Application Provider of known or suspected unauthorized use(s) of your account, or any known or suspected breach of security.
The Licensed Application makes available a payment gateway through its approved payment processing provider(s). Your use of the payment gateway will be subject to receiving an approved status by the Application Provider, fulfilling the documentation and other requirements of the approved payment processing provider(s) and adhering to the terms and conditions of use prescribed by the payment processing provider(s). Please contact us at firstname.lastname@example.org to understand if you qualify to avail of this service.
You acknowledge and understand that the payment gateway services made available through the Licensed Application are owned, controlled and provided by the payment processing provider(s) and hence, the Application Provider does not warrant and in no way will be liable for the timeliness of such services and the handover of payments through such services.
The license to the Licensed Application is effective until terminated by you or by the Application Provider in the following circumstances:
(i) When you delete your account of your own accord or send an email to email@example.com requiring deletion of your account; (ii) When the Application Provider ceases to make available the Licensed Application with the provision of 14 days notice.
Additionally, your rights under this license will terminate automatically without notice from the Application Provider, if you fail to comply with any term(s) set out in these Terms and Conditions. In such event, the Application Provider reserves the rights to delete your account and deny you access to the Licensed Application. Upon termination of the license for any reason, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
[Note: Merely un-installing the Licensed Application from your mobile device will not result in the deletion of your account or information from the Licensed Application and you will have to send an email to firstname.lastname@example.org if you wish to delete your account or information from the Licensed Application databases and servers.]
Replacement Policy for Products:
In the event that you receive damaged/defective products or services or products/services that do not comply with the sale specifications , at the time of receipt of such products/services, you can email us at email@example.com within 48 hours of receipt of the product and we will inform the relevant vendor of such complaint. Any replacement or remedial action of a defective product/service will be entirely dependent on the terms of sale of such product/service between you and the vendor. You expressly acknowledge that the vendor selling the defective product/service will be solely responsible to you for any claims that you may have in relation to such defective product/service and the Application Provider shall not in any manner be held liable for the same. You further, acknowledge and agree that you will coordinate with the relevant vendor in relation to the return of the product such as address, time-frame, reasons for the return/replacement and the Application Provider will merely be responsible for informing the vendor of your request for return of the product/services.
Services & Third Party Material:
The Licensed Application enables you to connect, chat and source services from various vendors operating in different fields and businesses. You understand that the Application Provider does not warrant the sourcing/procuring of any such services or the conduct of any transaction through the Licensed Application. Use of the Licensed Application requires Internet access on your mobile device.
You understand and acknowledge that the Application Provider only enables you to connect with the vendors for sourcing/procuring services and will not be responsible for the credibility, reliability, valid and lawful existence of such vendors. Provided, however, if it has been stated in the Licensed Application that a particular vendor is verified it would mean that the Application Provider has checked and verified the valid existence, address and type of service provided by the vendor. You understand that the Application Provider will not verify the nature and quality of services provided by the vendors.
You understand and acknowledge that (i) the Application Provider does not warrant the suitability of the Licensed Application to transact business, or receive products or services from any vendor who uses the business interface of the Licensed Application; and (ii) the Application Provider will not be liable for breach of any understanding and agreement between you and the vendor and will not be responsible for any service levels, guarantees, or quality promised by the vendor in relation to any products or services procured from the vendor. The Application Provider disclaims all liability in relation to any transaction, arrangement or contract entered into between you and the vendor through the Licensed Application and will not be responsible for any breach of such contracts or to any claims for losses, costs, damages, expenses or other legal action arising out of such transaction, arrangement or contracts.
You understand that by using the Licensed Application, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Licensed Application at your sole risk and that the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You also understand that any information (including personal information) you may share with any third parties, vendors, content providers or other users of the Application Provider’s other licensed applications whilst using the interactive features of the Licensed Application (such as chat, messaging, etc) will be solely at your risk as to the security of such information and the Application Provider cannot guarantee the security of such information or the nature of its use by the third parties to whom you disclose such information.
The Licensed Application will display, include or make available content, data, information, applications or materials, from third parties, vendors, content providers or other users of the Licensed Applications (collectively and individually called “Third Party Materials”). By using the Licensed Application, you acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. The Application Provider does not warrant or endorse any product, service or financial information including sale prices, service or product descriptions and statistical data, displayed or provided by the vendors. Before executing any transaction based upon information obtained through the vendors, you should personally verify the accuracy of such data.
You agree that the Licensed Application contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Licensed Application. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of the Licensed Application, in any manner, and you shall not exploit the Licensed Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Licensed Application in any manner to harass, abuse, stalk, bully, threaten, defame, impersonate, gamble, exhibit or transmit sexually explicit, pornographic, pedophilic content, promulgate hate speech, carry out illegal activities or otherwise infringe or violate the rights of any other party or other users of the Licensed Application. You also agree that the Application Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Licensed Application.
The Application Provider makes no representations that the services provided through the Licensed Application, by the vendors and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access the services provided through the Licensed Application, by the vendors or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to the Licensed Application at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any services through the Licensed Application. The Application Provider may also impose limits on the use of or access to certain vendors or services, in any case and without notice or liability.
The Application Provider or any third party advertisers may display advertisements and promotions on the Licensed Application. The manner, mode and extent of advertising by the Application Provider on the Licensed Application are subject to change. By clicking on any advertisements you may leave the Licensed Application and be directed to an external application/website, or to an application/website maintained by an entity other than the Application Provider. If you decide to visit any such website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Application Provider makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.
The Application Provider makes no warranty or representation regarding the merchantability, fitness for particular purpose, availability, efficacy, reliability, durability of any product or service advertised on the Licensed Application.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN SUCH CASES THE ABOVE EXCLUSION AND LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMISSIBLE BY LAW.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE APPLICATION PROVIDER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND FUNCTIONS OF THE LICENSED APPLICATION OR ANY LINKED WEB SITE/ MOBILE APPLICATION, EVEN IF THE APPLICATION PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless the Application Provider, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of the Licensed Application, including without limitation of the foregoing, any action you take which is in violation of these Terms and Conditions.
CHOICE OF LAW:
These Terms and Conditions shall be governed by the laws of Republic of India without giving effect to its conflict of laws provisions. These Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, India.
NO THIRD PARTY BENEFICIARIES:
This contract is solely for your benefit and the benefit of Application Provider.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Please email us at firstname.lastname@example.org if you have any questions regarding these Terms and Conditions.
I HAVE READ THE FULL END USER LICENSING AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I hereby agree to these End User Licensing Agreement.