TERMS AND CONDITIONS
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Mobile Application, hereinafter referred to as the ‘App” operated by Ace of Pubs (AOP). AOP is the author and the publisher of the App. AOP owns and operates the services provided through this App. The user’s access to and use of the Service is conditioned on the user’s acceptance of and compliance with these Terms and Conditions (Terms). These Terms apply to all visitors, users and others who access or use the Service.
IT IS OF UTMOST IMPORTANCE TO CLARIFY THAT ALL INFORMATION PROVIDED IN THE APP IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY
By accessing or using the Service the user agrees to be bound by these Terms. If the user disagrees with any part of the terms then the user may not access the App and Service.
NATURE AND APPLICABILITY OF TERMS
This Agreement applies to those services made available by AOP on the App, which are offered free of charge to the Users (“Services”) at present and shall be chargeable at a rate to be decided by AOP at its sole discretion after due notification
The Services may change from time to time, at the sole discretion of AOP, and the Agreement will apply to the user’s visit to and the user’s use of the App to avail the Service, as well as to all information provided by the user on the App at any given point in time.
This Agreement stipulates the terms and conditions pursuant to which user will be allowed to use the App and also describes the manner in which the user’s account, if the user so register on the App, shall be treated by AOP. If the user has any questions about any part of the Agreement, he may contact AOP at firstname.lastname@example.org. By downloading or accessing the App to use the Services, the user irrevocably accepts all the conditions stipulated in this Agreement, and agree to abide by them. AOP hereby reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to the user in writing, either on the App itself or through separate text message and e-mail at the mobile number and email id provided on the App. The user’s use of the App following any such modification constitutes the user’s agreement to follow and be bound by the Agreement so modified. By accessing or using the Service the user agrees to be bound by these Terms . If the user disagrees with any part of the terms then the user may not access the Services on the APP. The Agreement is published and entered into in compliance with, and is governed by the provisions of Indian laws, including, but not limited to, the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”). Consumer Protection Act, 1986
The App may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872. By registering, visiting and using the App or accepting this Agreement, the user represents and warrants to AOP that the user is 18 years of age or older, and that the user has the right, authority and capacity to use the App and the Services available through the App, and agree to and abide by this Agreement.
The use of this App is for informational, entertainment and educational purposes only.
Copyright and Content Ownership
All content on this site including but not limited to the text, music, sound, photograph, videos, graphics, algorithm + UI/UX and images are governed protected by the Indian Copyright Act, 1957 and the Trademark Act, 1999 and the subsequent amendments thereto, moral rights, and other laws relating to intellectual property rights. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the material specifically made available for ‘downloads’ and sharing on social media on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the content or use of any of the content for any purpose other than as set out herein is prohibited. Except as permitted under applicable copyright laws, the user are responsible for obtaining permission before re-using any copyrighted material that is available on the App.
REVIEWS AND FEEDBACK
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
AOP reserves the right to suspend or terminate a User’s access to the App and the Services with or without notice and to exercise any other remedy available under law, in cases where, Such User breaches any terms and conditions of the Agreement; A third party reports violation of any of its right as a result of the user’s use of the Services; AOP is unable to verify or authenticate any information provide to AOP by a User; AOP has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or AOP believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for AOP or are contrary to the interests of the App. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the App by such User.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall AOP, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the App or the content, materials and functions related thereto, the Services, User’s provision of information via the App, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the App or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
RETENTION AND REMOVAL
AOP may retain such information collected from Users from its App or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
APPLICABLE LAW AND DISPUTE SETTLEMENT
The user agrees that this Agreement and any contractual obligation between AOP and User will be governed by the laws of India. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or the user of the App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by AOP. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute. Subject to the foregoing the courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, the user the App or the Services or the information to which it gives access.
CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning AOP, the App, this Agreement, the Services, or anything related to any of the foregoing, AOP customer support can be reached at the following email address: email@example.com
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.