Introduction
This End-User License Agreement (“EULA”) is a legal agreement between the end user (“you”) and Neighbrsnook Private Limited (“Company name”), the owner of intellectual property rights in this software “[Neighbrsnook]” (“App”).
By installing the software, or otherwise using all or any portion of the App, you agree that this EULA, like any other written negotiated agreement, is signed by you and is binding on you. This EULA is enforceable against you. This EULA is an electronic record in terms of the Information Technology Act, 2000 and Rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The App is owned by Neighbrsnook Private Limited (“Company name”), a company incorporated under the Companies Act, 2013 located in India. This App is a communication tool that enables users of the App to communicate and exchange messages by way of a social platform within your neighbourhoods. Users can share images, videos, and messages (“Data”) in various forms through the App.
Grant of License
In order to use App, you must first agree to the EULA. By accessing or using App, you are agreeing to the terms contained in this EULA and concluding a legally binding contract with Company name.
You may not use App if you do not accept the terms of this EULA or are unable to be bound by this EULA. Your use of App and services and tools are governed by this EULA and shall include the applicable policies which are incorporated herein by way of reference.
As a condition of your access to and use of App, you agree that you will comply with all applicable laws and regulations when using App.
Company name reserves the right, at its sole discretion, to change, modify, add or remove all or any part of this EULA, at any time without any prior notice to you. It is your sole responsibility to review this EULA periodically for updates or changes. Your continued use of the App following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with this EULA, Company name grants you a non-exclusive, non-transferable, limited license, to use the App.
You acknowledge and agree that all the rights, title and interest in App and all the intellectual property rights therein are solely and absolutely owned by Company name and shall continue to vest with Company name during the use of App by you as per the terms and conditions of this EULA. Nothing herein provides you with any right, title or interest in App or any intellectual property rights therein
Subscription Eligibility
Use of the App is available only to persons who can enter into 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 un-discharged insolvents and persons of unsound mind are not eligible to use the App. Company name reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the App if it is brought to Company name’s notice or if it is discovered that such person is not eligible to use the App.
Further, you agree that you shall be liable for all charges incurred for use of the App on your mobile device, including without limitation download, streaming and subscription charges, data and airtime charges, standard and premium messaging charges, and any other charges that may be incurred using your mobile device, including any such charges incurred by any third party that accesses your mobile device.
Opening an Account
In order to use Company name’s communication tool for sending messages (“Services”) on the App, you will have to create an account on the App (“Account”), which can be done through your email and mobile number. As part of the registration process, you will be required to provide certain information and details including your name, mobile number, email ID, gender, age, date of birth, address, ID/address proof and any other information deemed necessary by Company name. You hereby acknowledge that you will be fully responsible for all activities that occur under your Account.
You shall be responsible for maintaining the confidentiality and security of your password and for all activities that occur in and through your Account. Company name and its affiliates/partners/associates/officers/directors/agents/subsidiaries/joint ventures and/or employees are not liable for any kind of harm or damages caused by or related to theft of your IDs or disclosure of your Account/account information by you or any of your employees (as may be applicable), or your authorization allowing another person (other than an authorized employee) to access and use the App using your Account. However, you may be liable to Company name and its affiliates/partners/associates/officers/directors/agents/and/or employees for losses caused due to such unauthorized use. In case you notice any misappropriation or unauthorized access of your Account, you agree to communicate this promptly to Company name against which Company name shall take earliest appropriate action; any response from Company name regarding this will be sent to the email address used by you at sign-up.
You shall ensure that account information provided by you is complete, accurate, and up-to-date. If you wish to update or correct information provided by you, you may do so by visiting “My Profile” to update your account details section on the App.
Use of another user’s account information for availing Services on the App is expressly prohibited.
You hereby agree that if you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if Company name has reasonable grounds to suspect such information is untrue or inaccurate or not in accordance with this EULA, Company name shall have the right to indefinitely suspend or terminate/block access to your membership on the App and refuse to provide access.
Subscriptions
While you may continue to use most features of App free of cost, i.e., without making any payments towards subscriptions. There may be some features which can be used only after payment for relevant charges from the time period agreed with the Company name.
Payment Terms
You hereby agree that you shall be liable for all fees and charges associated with your use of specific sections of App and Company name’s Services like Advertisement. We may charge you for provision of those Services, including applicable taxes. Payments made to Company name for the Services shall be non-refundable under all circumstances.
All payments made for the use of App by you shall be in Indian Rupees.
You acknowledge that Company name will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of Company name.
Company name holds the authority to temporarily/permanently suspend/terminate your Account or refuse access in case of non-payment of fees due by you to Company name. Company name also reserves the right to take legal action for the same.
Nature of Services
You understand and acknowledge that the Services are being provided on an “AS IS” and “AS AVAILABLE” basis. App may contain errors or inaccuracies that could cause failures, corruption or loss of Data and/or information from your device and from peripherals (including, without limitation, servers and mobile handsets) connected thereto. You assume all risks and costs associated with your use of the Services, including without limitation, any costs incurred for the use of your device and any damage to any equipment, software or Data.
You hereby acknowledge that Company name’s Services do not provide physical access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public agency answering points. It shall, therefore, be your responsibility to ensure that you can contact the relevant emergency services providers through your Device.
Permissions
In order to use the App on your mobile handset, the App shall require permission to access your camera, photos and videos, storage, location, contacts and permission to access third party applications. You agree that you shall provide the aforementioned permissions in order to use all the features on the App.
Use of the App
You agree, undertake and covenant that, during the use of the App, you shall not host, display, upload, transmit or share any information that:
Further, you will not copy, modify, create any derivative work of, or include in any other software, in the App or any portion thereof, or either directly or indirectly decompile, disassemble, decipher, reverse engineer, reengineer or otherwise attempt to derive source code or, structure or organization of App, or directly or indirectly permit anyone else to decompile, disassemble, decipher, reverse engineer, reengineer or otherwise attempt to derive source code or the structure or organization from App.
You must comply with the provisions contained in this EULA and the Privacy Policy. Company name may review your conduct for compliance purposes, but we have no obligation to do so.
Company name’s Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Company name shall strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Company name isn’t liable for any disruption or loss you may suffer as a result.
Company name may discontinue some or all of Company name’s Services, including certain features and the support for certain devices and platforms, at any time.
Subject to the terms of this EULA and the Privacy Policy, you hereby grant to Company name a non-exclusive, worldwide, royalty-free right to (a) collect, store and transmit your Data, in each case solely to the extent necessary to provide the Services to you, and (b) share your Data or interact with other people, to distribute and publicly perform and display your Data as you direct or enable through the Services.
You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all your Data to Company name and to grant the rights granted to Company name in this EULA and (ii) your Data and its transfer to and use by Company name as authorized by you under this EULA do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under this EULA and the Privacy Policy, Company name assumes no responsibility or liability for your Data, and you shall be solely responsible for your Data and the consequences of using, disclosing, storing, or transmitting it. Company name will not be responsible for the content of any Data or the way you choose to use the Services to store or process any Data. Company name is not responsible in anyway whatsoever for what you choose do with the Data.
Agreement to Receive Mails
You hereby by way of accepting this EULA consent to the receipt of communication from Company name by way of e-mails and newsletters.
Handset Compatibility
Company name hereby clarifies that App shall not be installable on any mobile handset suffering from any manufacturing defect or hardware or software deficiency. It is further clarified that App is not universally compatible with all cell phone handsets and you hereby confirm and accept the same. It shall be your responsibility to ensure the compatibility of App prior to use and Company name shall in no way be responsible for the same. In no circumstance, shall Company name be liable for any failure to install or operate the App on an incompatible handset and you hereby accept and confirm the same.
Feedback
The App may allow you to post your review and experience of certain businesses and services.
You, being the originator of the Reviews, are responsible for the Reviews that you upload, post, publish, transmit or otherwise make available on the App. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that Company name does not endorse any Reviews on the App and is not responsible or liable for any Reviews. Company name reserves the right to disable access to the Reviews on the App.
You hereby grant Company name a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by Company name in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by Company name.
You further represent and warrant that while posting any Reviews on App you shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the App that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.
Integration with Third Party Service Providers
Company name’s Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. You hereby acknowledge and understand that when you use third-party services, their own terms and privacy policies will govern your use of those services. Since these are not our services, Company name will not be responsible for any use, disclosure, modification or deletion of your information or Data that is transmitted to, or accessed by, such third party.
When you send a message from the App through a third-party communication platform such as Facebook, WhatsApp, email, within the App, your conduct and terms of use from that point of time will be governed by the terms of service of such third-party communication platform. You agree that it shall be your sole responsibility to check and comply with the terms of service of such third-party communication platform.
Limitation of Liability
You hereby acknowledge that Company name shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. Company name shall also not be liable under any circumstances for damages, whether any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this App or due to delay or inability to access, display or use this App or third party sites through a Channel inbuilt for any reasons whatsoever whether based on a theory of negligence, contract, tort, strict liability or otherwise; or for your difficulty in accessing the App; or for any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the App by any third party; or for any loss of your Data, any claim relating to your Data or content from the Services; or for your failure to keep your password or Account details secure and confidential.
Representations
You hereby represent and warrant that you have validly entered into this EULA and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with this EULA.
Disclaimer of Warranties
The app and all information, content, materials and services included on or otherwise made available to you through the app (collectively, the “contents”) are provided by company name on an “as is” “as available” basis, without representations or warranties of any kind. Company name makes no representations or warranties of any kind, express or implied, as to the operation of the app, the accuracy or completeness of the contents and the accuracy of the information. Company name shall have no responsibility for any damage to your mobile handset or loss of data that results from the download of any content, materials, document or information. You expressly agree that the use of the app is at your sole risk. Company name will not be liable for any damages of any kind arising from the use of the app or the contents including, without limitation, direct, indirect, consequential, and punitive damages, unless otherwise specified in writing. To the full extent permitted by law, company name disclaims any and all representations and warranties with respect to the app and its contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
Indemnification
You shall indemnify and hold harmless Company name, its owners, affiliates, subsidiaries, associates/ officers/ directors/ agents/ employees and/or group companies (as applicable) and their respective officers, directors, agents, associates, affiliates and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this EULA, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.
Content & Intellectual Property Rights
All the information and contents on App and software related thereto are owned solely and exclusively by Company name and protected under the Copyrights Act, 1957 and the Copyright Laws of all other countries worldwide, except those that are owned by third parties. In addition, Company name owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services and content on App and is protected under Indian laws.
You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by Company name through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Company name. You thereby agree to protect the proprietary rights of Company name during and after the term of this EULA.
Any infringement or breach of this EULA, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the country.
Termination Access to Services
Your access to the Services can be terminated at any time by:
You; by ceasing to use App.
Company name; in its sole discretion for any reason whatsoever, including your violation of this EULA and/or the Privacy Policy or lack of use of Services.
You acknowledge that the termination of your access to Services may be affected without any prior notice, and Company name may immediately deactivate or delete your Account and all related information and/or bar any further access to your Account or the Services. Further, you agree that Company name shall not be liable for any discontinuation or termination of Services by any third party.
You further acknowledge that upon termination of Account, Company name will have no obligation to maintain or provide any Data and may thereafter, unless legally prohibited, delete all Data in our systems or otherwise in our possession or under Company name’s control.
Removal Data
Company name will remove, limit sharing of, or disable access to your Data if it determines that your Data violates the terms of this EULA or if we receive a complaint from another user or if Company name receives a notice of intellectual property infringement, or other legal notice for removal. You agree that upon removal of Data, Company name shall not be held responsible for not providing you access to the Data.
Data Loss
Company name implements adequate security procedures to protect your Data from security threats. However, you understand that use of the App necessarily involves transmission of your Data over networks that are not owned, operated or controlled by Company name, and Company name are not responsible for any of your Data lost, altered, intercepted or stored across such networks. Company name cannot guarantee that Company name security procedures will be error-free, that transmissions of your Data will always be secure or that unauthorized third parties will never be able to breach Company name security measures or those of Company name’s third-party service providers.
While Company name try to keep App bug-free and secure, Company name cannot guarantee that Company name will be successful in doing so, therefore, your use of the App is at your own risk. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your Data. Company name will have no liability towards you for any unauthorized access to or use of any of your Data, or any corruption, deletion, destruction or loss of any of your Data.
Privacy Policy
Please review Company name privacy policy (“Privacy Policy”), which also governs your visit to and use of the App, to understand Company name practices. The personal information / Data provided by you during the course of usage of the App will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the App.
Force Majeure
Company name shall not be liable to you for its failure to perform or for delay in providing you access to your Account or to App, to the extent such failure or delay results from causes beyond its control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, epidemics or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of your mobile handset.
Governing Law
This EULA shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Delhi, India. In the event of any dispute arising out of this EULA the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Delhi, India.
Assignment
It is expressly agreed by the parties that Company name may assign all or part of its rights or duties under the EULA without such assignment being considered a change to the EULA and without notice to you, except to the extent provided by law.
General
If any part of this EULA is found to be void or unenforceable, the parties agree that such provision will be replaced with a new one that fulfills the original business purpose. This will not affect the validity or enforceability of the remaining provisions, which will remain in full effect according to their terms.
Any express waiver or failure to promptly exercise any right under this EULA will not constitute a continuing waiver or create an expectation of non-enforcement.
Notwithstanding any other provisions of this EULA or general legal principles to the contrary, any clause that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this EULA.