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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP
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

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available on the App (“Privacy Policy). These Terms and the Privacy Policy together constitute a Legal Agreement (“Agreement”) between the user and AOP in connection with the user’s visit to the App and the use of the Services thereon (as defined below). In this Agreement, unless the context clearly indicates a contrary intention: Headings in this Agreement are inserted for convenience only and shall not be used in its interpretation; A reference to a law includes a reference to any constitutional provision, subordinate legislation, treaty, decree, convention, statute, regulation, rule, ordinance, proclamation, by-law, judgment, rule of common law or equity; and is a reference to that law as amended, consolidated, supplemented or replaced; A word or an expression, which denotes a natural person, shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa). The use of the word “including” followed by a specific example(s) in this Agreement, shall not be construed as limiting the meaning of the general wording preceding it. Reference to a “person” includes (as the context requires) an individual, proprietorship, partnership firm, Proprietorship, body of corporate, co-operative society, entity, authority or anybody, association or organization of individuals or persons whether incorporated or not.


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 info@aceofpubs.com. 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

ELIGIBILITY
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.

TERMS OF USE


USER ACCOUNT
The use of this App is for informational, entertainment and educational purposes only. 

DATA PRIVACY
The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules,. AOP may, by its Services, collect information relating to the devices through which the user accesses the App, and anonymous data of the user . The collected information will be used only for improving the quality of AOP’s services and to build new services. The App allows AOP to have access to registered Users’ personal email or phone number, for communication purpose so as to provide the user a better way of finding information on upcoming events. The Privacy Policy sets out, inter-alia: The type of information collected from Users, including sensitive personal data or information; The purpose, means and modes of usage of such information; How and to whom AOP will disclose such information; and, Other information mandated by the SPI Rules. AOP specifically disclaims all liability arising out of the use or reliance on the contents of the App. The user also gives permission to the AOP to store details and records of the user’s usage of the App indefinitely. However, this does not constitute any obligation on the part of the AOP or the App to do so. The AOP may charge a fee or charges, as intimated from time to time on the App and/or by email or SMS, for registration on the the App as Registered Users, for availing services provided by the AOP through the the App. The AOP reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing services provided on the App. Additionally, AOP at its sole discretion may introduce fees for the new services including for any premium services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the Terms or any of the Policies of the AOP shall be published on the App and such changes shall automatically become effective immediately after they are published on the App. The User is requested to visit the App often to keep abreast of any amendments. AOP neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. AOP has no control over third parties and contents generated by the User on the App and AOP does not bear any liability whatsoever arising out of such content or actions of third parties. Any information provided by the user, either electronically or physically or submitted on the App or provided or displayed to other Users of the App in the form of case discussions, news and events, reviews, comments or is solely the User’s responsibility. AOP is not liable for accuracy, appropriateness or legality of such information. The User is expected to read and understand the Privacy Policy, so as to ensure that the User has the knowledge of, inter-alia: the fact that certain information is being collected; the purpose for which the information is being collected; the intended recipients of the information; the nature of collection and retention of the information; and the name and address of the agency that is collecting the information and the agency that will retain the information; and the various rights available to such Users in respect of such information.

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
By using this App, the user agree that any information shared by the user with AOP will be subject to our Privacy Policy. The user is solely responsible for the content that the user chooses to submit for publication on the App, including any feedback, ratings, or reviews (“Critical Content”) The role of AOP in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. AOP disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. AOP shall not be liable to pay any consideration to any User for re-publishing any content across any of its the Apps.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT
The user agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item or services or choose a User name that: belongs to another person and to which the user does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, insulting, hurting religious or other sentiments, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 (or corresponding applicable Law); harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of or services using counterfeit or stolen items; violates any law for the time being in force; deceives or misleads the Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person or uses an anonymous proxy; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, bugs, bots, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation; is false, inaccurate or misleading; directly or indirectly, offers, attempts to offer, trade or attempts to trade in any item/service, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law; may give rise to liability on part of the App or AOP or cause any hindrance (in whole or in part) with respect to the services of Internet Service Providers or other suppliers of the App or AOP including Internal Service Providers; and links directly or indirectly to or includes descriptions of items that are (i) prohibited under the Terms and Conditions or any other applicable Law including but not limited to the Indian Penal Code, 1860, Information Technology Act 2000 (or all applicable corresponding Laws) as amended time to time and rules there under. The user shall not promote any website or webpage or link on the App. In case of any violation of the above provisions, the AOP has the right to immediately terminate the access or usage rights of the User to the App without any notice and any such violative information that is displayed or submitted on the App can be removed immediately and completely and/or report to investigating authorities if bound by applicable Law. The user shall be responsible for keeping backup versions of the information and data provided by the user. The user hereby agrees that the user will not expect the App to restore or keep back up of the user’s information and data and not hold the App or the AOP accountable for any loss of data under any circumstances. The user will refrain from accessing information or databases in an unauthorized manner from the App or servers where information or databases are kept. The user shall not attempt to or circumvent or manipulate any of the obligations conferred on the user by these Terms and Conditions and/or Policies. If such attempt is discovered, it will constitute sufficient ground for termination of access to the App and also for taking appropriate legal action. In case of any transaction or attempted transaction which is in violation of these Terms and Conditions or applicable Laws comes to The user’s knowledge, the user shall forthwith take all steps to inform the AOP of such violation at info@aceofpubs.com. If the user choose to provide feedback or any comments on the App which is visible to other User(s), the user shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or insulting or offensive/ obscene contents and to extend reasonable courtesy to other User(s). The user shall access the App only by using a conventional web browser or a mobile device, as facilitated by the AOP from time to time. The App is controlled and operated by the AOP. All material on the App, including images, texts, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property and proprietary rights that are either owned and controlled by us or by other parties that have licensed their material to us or such material which has been derived or aggregated from publicly available resources with due acknowledgement to the ostensible owner. We do not guarantee the authenticity, genuineness, usefulness or ownership of the contents of such material derived or aggregated from publicly available resources. The user shall use the services of the App solely for personal purposes and only to avail services of the App. The user shall never copy, distribute, exchange, modify, sell or transmit anything from the App, including but not limited to the text, audio, video and images for any commercial purpose other than the purposes set out in these Terms and Conditions. The user undertakes not to disclose or distribute any other User’s Information to a third party, or use the information for any unauthorized purpose including for the purposes of marketing unless the user have obtained the User’s express consent to do so. The user shall not place any advertisements on the App in any manner. Further, the user shall not use the App to promote the user’s own or any other persons’ business or interests on the App except for information needed by the App or the AOP or for the purposes set out in these Terms and Conditions. The user confirm that these Terms and Conditions hereunder will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions or provisions of any other agreement or instrument to which the user are a party or by which the user are bound or to which any of the user’s property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of the user’s duties hereunder. The user has obtained any consent, approval, authorization of Authority required for the execution, delivery and performance of its respective obligations hereunder. If the AOP suffers any loss or damages or a claim is made by any Person against the AOP or the App as a result of a breach or default or contravention on the user’s part of the Terms and Conditions and the Policies, the user agree to, forthwith upon delivery of notice by the AOP, make good such losses or damages or claim amounts to the AOP all such losses or damages. The user confirms that there is no action, suit or proceeding pending against the user or to The user’s knowledge, threatened in any court or by or before any other Authority which would prohibit the user entering into or performing obligations under these Terms and Conditions and Privacy Policy. The user confirm that the user shall not transfer the user registration and shall not assign any rights and obligations under these Terms and Conditions and Policies to any third party without the specific permission of the AOP. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, AOP has the right to immediately terminate the access or usage rights of the User to the App and Services and to remove non-compliant information from the App. AOP may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and the user hereby consent to such transfer. The SPI Rules only permit AOP to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by AOP as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between AOP or any person on its behalf and the User or where the User has consented to data transfer. AOP respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

TERMINATION
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: info@aceofpubs.com

SEVERABILITY
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.

WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by AOP. Any consent by AOP to, or a waiver by AOP of any breach by the user, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. THE USER HAS READ THESE TERMS OF USE AND AGREES TO ALL OF THE PROVISIONS CONTAINED ABOVE.