TERMS OF USE (Bandhoo)


1. TERMS OF USE

By downloading, browsing, accessing or using Bandhoo application (“Bandhoo”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to Bandhoo and your use of the services offered on Bandhoo. Continued use of Bandhoo will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

2. DEFINITIONS

In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:

"Account" means an account created by or on behalf of a User on Bandhoo as part of Use.

"Privacy Policy" means the privacy policy set out in Clause 4 of these Terms and Conditions of Use.

"Services" means all the services provided by Bandhoo Solutions and Services Private Limited via Bandhoo to Users, and "Service" means any one of them,

"Users" means users of Bandhoo, including you and "User" means any one of them.

3. GENERAL ISSUES ABOUT BANDHOO AND THE SERVICES

3.1 Applicability of terms and conditions: The use of any Services and/or Bandhoo are subject to these Terms and Conditions of Use.

3.2 Location:  Bandhoo and its Services are intended solely for use by Users. If you, as a User, access Bandhoo and/or use the Services, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

3.3 Scope: Bandhoo and its Services are for your use only. They may be used for other purposes only with concurrence of Bandhoo Solutions and Services Pvt. Ltd by means of purchasing such rights as are necessary for that use.

3.4 Prevention on use: We reserve the right to prevent you using Bandhoo and the Service (or any part of them).

3.5 Equipment and Networks: The provision of the Services and Bandhoo does not include the provision of a mobile telephone or device or other necessary equipment to access Bandhoo or the Services. To use Bandhoo or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using Bandhoo. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing Bandhoo or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3.6 Permission to use Bandhoo: If you are not the bill payer for the mobile telephone or device being used to access Bandhoo, you will be assumed to have received permission from the bill payer for using Bandhoo.

3.7 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote products or services by Bandhoo Solutions and Services Pvt Ltd. so long as no trade secrets or personal information is exposed.

4. Privacy Policy

4.1 Access to Bandhoo and use of the Services offered on Bandhoo by Bandhoo Solutions and Services Private Limited and/or its group of companies is subject to the Privacy Policy. By accessing Bandhoo and by continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy and for the purposes set out in Clauses 3.7 and/or 4.1. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to Bandhoo and your use of the Services.

5. LOCATION ALERTS AND NOTIFICATIONS

5.1 You agree to receive pre-programmed notifications (“Alerts”) and/or SMS messages and/or WHATSAPP messages from Bandhoo on your mobile telephone or other handheld devices (as the case may be).

6. YOUR OBLIGATION

6.1 Prohibitions in relation to usage of Services or Bandhoo: Without limitation, you undertake not to use or permit anyone else to use the Services or Bandhoo:-

6.1.1 to send or receive any material which is not civil or tasteful

6.1.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

6.1.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

6.1.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

6.1.5 to cause annoyance, inconvenience or needless anxiety;

6.1.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

6.1.7 for a purpose other than which we have designed them or intended them to be used;

6.1.8 for any fraudulent purpose;

6.1.9 other than in conformance with accepted Internet practices and practices of any connected networks;

6.1.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or

6.1.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.

6.5 Prohibitions in relation to usage of Services, Bandhoo: Without limitation, you further undertake not to or permit anyone else to:-

6.5.1 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

6.5.2 execute any form of network monitoring which will intercept data not intended for you;

6.5.3 extract data from or hack into Bandhoo;

6.5.4 use the Services or Bandhoo in breach of these Terms and Conditions of Use;

6.5.5 engage in any unlawful activity in connection with the use of Bandhoo or the Services; or

6.5.6 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying Bandhoo or Services.

7. RULES ABOUT USE OF THE SERVICE AND BANDHOO

7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or Bandhoo will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us.

7.2 We do not warrant that your use of the Services or Bandhoo will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or Bandhoo will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and Bandhoo, access to the Services and Bandhoo may be suspended, restricted or terminated at any time.

7.3 We do not give any warranty that the Services and Bandhoo are free from viruses or anything else which may have a harmful effect on any technology.

7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on Bandhoo from time to time. Your access to Bandhoo and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from Bandhoo at any time.

7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

8. SUSPENSION AND TERMINATION

8.1 If you use (or anyone other than you, with your permission uses) Bandhoo, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Bandhoo.

8.2 If we suspend the Services or Bandhoo, we may refuse to restore the Services or Bandhoo for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.

8.3 Bandhoo Solutions and Services Private Limited shall fully co-operate with any law enforcement authorities or court order requesting or directing Bandhoo Solutions and Services Private Limited to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.

8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Bandhoo; (b) suspend your use of the Services and/or Bandhoo; and/or (c) suspend the use of the Services and/or Bandhoo for persons we believe to be connected (in whatever manner) to you, if:

8.4.1 you commit any breach of these Terms and Conditions of Use;

8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or

8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

9. DISCLAIMER AND EXCLUSION OF LIABILITY

9.1 Bandhoo, the Services, the information on Bandhoo and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.

9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to Bandhoo and its contents, including in relation to any inaccuracies or omissions in Bandhoo, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

9.3 We do not warrant that Bandhoo will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that Bandhoo will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

9.4 While we may use reasonable efforts to include accurate and up-to-date information on Bandhoo, we make no warranties or representations as to its accuracy, timeliness or completeness.

9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with Bandhoo and the services offered in Bandhoo, your access to, use of or inability to use Bandhoo or the services offered in Bandhoo, reliance on or downloading from Bandhoo and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with Bandhoo and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

9.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to Bandhoo, or electronic mail transmitted to and from us, will not be monitored or read by others.

10. INDEMNITY

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by Bandhoo Solutions and Services Private Limited, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on Bandhoo are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

11.2 Nothing contained on Bandhoo should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Bandhoo without our written permission. Misuse of any trademarks or any other content displayed on Bandhoo is prohibited.

11.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.

12. AMENDMENTS

12.1 We may periodically make changes to the contents of Bandhoo, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of Bandhoo.

12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on Bandhoo and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

13. APPLICABLE LAW AND JURISDICTION

13.1 Bandhoo can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing Bandhoo both you and we agree that the laws of India, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of Bandhoo.

13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of India in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.