PRIVACY POLICY & LICENCE AGREEMENT , TERMS & CONDITIONS FOR END USERS/CONSUMERS

A) PRIVACY POLICY FOR END USERS/CONSUMERS

At Momark we recognize that your privacy is important. This Privacy Policy "Policy") applies to your use of the Momark applications on all platforms (the "Application" or "Applications"), the related services we provide ("Momark Services") and the Site (www.momarkservices.com) Momark has created this privacy policy (the "Policy") to explain our privacy practices so you will understand what information about you is collected, used and disclosed with respect to the Applications, the Momark Services and the Site. Please read this Policy carefully. By accessing or using any Application, the Momark Services or the Site, you acknowledge that you have read, understand, and agree to be bound to all the terms of this Policy. If you do not agree to the Policy, exit this page and do not access or use the Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter this Policy at any time without prior notice to you. Such modifications shall become effective immediately upon the posting thereof on the Site. Therefore, we encourage you to check the date of this Policy whenever you access or use an Application, the Momark Services or the Site to check if this Policy has been updated. You must review this Policy on a regular basis to keep yourself apprised of any changes. If you do not agree to any modifications to this Policy, your sole recourse is to immediately stop all use of all Applications, the Momark Services and the Site. Your continued use of any Application, Momark Services or the Site following the posting of any modifications to this Privacy Policy will constitute your acceptance of the revised Policy. Should you have any questions regarding this Policy, please contact us at the contact information listed at the end of this Policy. Please note that none of our employees or agents has the authority to vary any of our Policies. We will only use the information we collect about you lawfully and in accordance with the Information Technology Act, 2000, the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and other applicable laws of India. This Policy covers our collection, use and disclosure of your information through the Applications, the Momark Services and the Site. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity, you will not be permitted to engage in that activity. It does not cover any collection, use or disclosure by third parties through any applications, websites, products or services that we do not control or own, such as Facebook, or any third party features or services made available via an Application, the Momark Services or the Site such as Google Maps. All trademarks, trade names, and logos of third parties featured on the Applications or the Site belong to their respective owners. WE DO NOT COLLECT AND STORE ANY FINANCIAL DATA LIKE CREDIT CARD AND ACCOUNT NUMBERS. THIS PRIVACY POLICY CONTAINS ONLY

 

1. WHAT KIND OF INFORMATION WE COLLECT

We collect the following types of information below through your use of the Applications, the Momark Services and/or the Site.

Personal Information.

"Personal Information" is information that identifies you or another person, which may be transmitted or received when you use an Application, Momark Services and/or the Site. Personal Information includes your geographic location information, names, address, email address, mobile number, location information and other metadata in photographs and other information you transmit or receive using our Application, the Momark Services, Facebook Services and/or the Site which identifies you or another person. Personal Information also includes information about you or others that may be accessed by our system directly from your device, including but not limited to location, photos that you submit in order to enable certain features of an Application or the Momark Services, such as the feature that finds and suggests mutual friends and other individuals who you may know. Unless you have elected to opt-out of providing your geographic location information, the Applications may use and store information related to the geographic location of your device and combine this information with other Personal Information to provide certain services, whether or not the Application is active. We collect Personal Information if you provide it directly to us via email or through the Applications, Momark Services or the Site. We may also collect Personal Information when you send us messages, comments, questions or suggestions or if you participate in blogs, forums, message boards, chat rooms, profile pages and other services to which you are able to post information, if any, on the Site (collectively,"Forums"). We may also collect Personal Information through certain features of one or more Applications or the Momark Services (and in some instances will allow you to opt-out of such collection or retention of certain Personal Information). In some instances, certain Applications do not have to be in active use in order for your Personal Information to be collected through them.
Content
Any reviews and ratings posted by you on the MoMark Services forums becomes a property of MoMark, MoMark reserves the rights to edit/modify or else completely remove any comment or rating which requires moderation. You can read details about our content guidelines at our website www.momarkservices.com.
Non Personal Information.
"Non-Personal Information" is information that does not identify you or any other individual, and includes Session and Usage Data, Log Data and Aggregate Information, each as described below. Session and Usage Data. "Session and Usage Data" is information about your use of an Application, Momark Services and/or the Site and includes, without limitation, connection and service-related data submitted to us through your use of an Application, Momark Services or the Site. Session and Usage Data includes information relating to the connection request, server communication and data sharing, including network measurements, quality of service, and date, time and location of the Momark. We also may aggregate Session and Usage data as described in Aggregate Information below. Please note that Session and Usage Data does not include any Personal Information nor does it include Content you may transmit or share through the use of an Application (such as photos, contacts, calendar appointments, etc.), Momark Services, or the Site. Log Data. When you interact with us or use an Application, the Momark Services or our Site, our systems may automatically collect your unique User Device number, the IP address, type of browser or operating system you use, and the dates and times of your use ("Log Data"). Aggregate Information. "Aggregate Information" is data we collect about a group or category of services or Users from which individual User identities have been removed. In other words, information on how you use the Applications, the Momark Services and the Site may be collected and combined with information about how others use the Applications, the Momark Services and the Site, but no personally identifiable information will be included in the resulting Aggregate Information. Aggregate Information helps us understand trends in our Users' needs so that we can better consider new features or otherwise tailor the Applications, the Momark Services and the Site.

 

2. HOW WE USE YOUR INFORMATION

Personal Information.

We may use your Personal Information:
To respond to your inquiries, fulfill your requests, provide services, or complete transactions you have requested.
To send you information regarding an Application, Momark Services and the Site, changes to our terms, conditions, and policies and/or other administrative information.
To resolve problems with an Application, Momark Services or the Site.
To create an individual profile and provide personalized services, and to create and inform you of new products and services from us that better meet your needs.
To better determine your location.
To share with the merchants with whom you have already had one or more economic transactions.

as we believe to be necessary or appropriate: (a) in any manner permitted under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Non-Personal Information.
We may use Non-Personal Information for any purpose, including for our own internal purposes; to measure traffic patterns; to understand demographics, customer interest, and other trends among our Users; to provide, improve and modify the Applications, Momark Services and the Site; and for promotion and marketing purposes. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your unique User Device number). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined. We may display targeted advertisements based on Personal Information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet certain targeting criteria, such as females between 18-24 years of age from a particular geographic area. We do not provide any Personal Information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad.

 

3. HOW YOUR INFORMATION MAY BE DISCLOSED

Personal Information. In general, we use Session and Usage Data internally to serve our Users and enable them to take maximum advantage of the Applications, the Momark Services and the Site. We also store Personal Information to improve the functionality of the Applications, the Momark Services and the Site. All information collected is stored in our database and may be archived elsewhere. We may disclose your Personal Information: to our third party service providers who provide services such as website hosting, maintenance, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services, but only to the extent necessary or useful to provide such services, and only pursuant to contractual obligations requiring such third parties to maintain the privacy and security of your Personal Information. We encourage third party service providers to adopt and post privacy policies. However, the use of your Personally Information by such parties is governed by the privacy policies of such parties and is not subject to our control. � to identify you to anyone to whom you send messages through an Application, the Momark Services or the Site. to identify you to other users of an Application to suggest you or they take advantage of certain features within Applications or the Momark Services. to merchants with whom you have had one or more economic transactions. provided by you on Forums freely and without limitation. Please note that any Personal Information you post or disclose on Forums will become public information, and may be available to visitors of the Site. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site. to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process, whether originating in the United States or other territory; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires immediate disclosure of communications or your Personal Information exists. We may disclose or share Non Personal Information with partners, affiliates and advertisers. We may use third party advertising companies to serve ads when you visit the Site. These companies may use Non Personal Information about your visits to the Site and other websites in order to provide, through the use of network tags, advertisements about goods and services that may be of interest to you Except as provided hereunder, we do not disclose your Personal Information to third parties for the third parties' direct marketing purposes, unless you first affirmatively agree to such disclosure.

 

4. THIRD-PARTY SITES

In general, the Applications, Momark Services and the Site access third party information (such as your Facebook account information) through application interfaces. We may provide links to third-party Web sites, such as Facebook, as a service to our Users. The Site may also carry advertisements from other companies. When you click on links of third parties in an Application e.g Google Maps, the Momark Services or the Site, you may leave the Application, the Momark Services or the Site. Some of these third party sites may be co-branded with our name/logo or our affiliated entity's name/logo, even though they are not operated or maintained by us. This Policy does not address, and we are not responsible for, the privacy practices of websites operated by third parties, whether they are linked to or otherwise accessible from an Application, the Momark Services or the Site. The inclusion of a link or accessibility of third party websites does not imply endorsement of such third party website by us. If you link to any such website, we urge you to review such website privacy policy.

 

5. USERS WITH WHOM YOU SHARE YOUR INFORMATION

We cannot control the actions of other Users with whom you share your information. We cannot, and do not, control the information you share with other Users using an Application, the Momark Services or the Site (including via Forums) or how such other Users will use or share such information. We are not responsible for third party circumvention of our security measures.

 

6. CHOICES ABOUT YOUR PERSONAL INFORMATION

Accessing or Changing Your Personal Information. If you would like to review, correct, update, delete or otherwise change your Personal Information that has been previously provided to us, you may contact us at cs@momarkservices.com. In your request, please make clear what information you would like to have changed, review, correct or update. We will try to comply with your request as soon as and to the extent reasonably practicable. Again, we cannot remove your Personal Information from the database of any other Users you have shared such information or from third parties to whom you have previously authorized us to share such information. Your device may also have settings to limit the Personal Information, including location information, provided to the Application. Review your device manual or contact the manufacturer for further information regarding these features. The information provided by you on the Forums may be accessible by other Users and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a public review, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information. You voluntarily post, so please use caution when posting any Personal Information.

 

7. SECURITY

Momark is very concerned about safeguarding the confidentiality of your Personal Information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access and use. Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorized access or use of your Personal Information or is impenetrable. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Site, and are not responsible for the actions of any third parties that may receive any such information.

 

8. RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

 

9. INTERNATIONAL USERS

Your Personal Information may be stored and processed in any country where we have facilities, and by using an Application, the Momark Services or the Site you consent to the transfer of your Personal Information to countries, including the United States, which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your Personal Information being transferred or used as described in this Policy, please do not use any Application, the Momark Services or the Site and immediately delete all Applications from your User Devices.

 

10. SENSITIVE INFORMATION

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) on or through an Application, the Momark Services or the Site or otherwise to us.

 

11. DATE TRACKING

Cookies: Cookies: To facilitate and customize your experience with the Application, the Momark Services and the Site, we may store cookies on your device/computer. A cookie is a small text file that is stored on a computer for record-keeping purposes which contains information about that User. We use cookies to save your time while using the Site, remind us who you are, and track and target your interests in order to provide a customized experience. Cookies also allow us to collect Non Personal Information from you, like which pages you visited and what links you clicked on. Use of this information helps us to create a more user-friendly experience for all visitors. In addition, we may use third party advertising companies to display advertisements on the Site. As part of their service, they may place separate cookies on your computer. We have no access to or control over these cookies. This Policy covers the use of cookies by Site only and does not cover the use of cookies by any advertiser. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Site may not work properly. Other Tracking Devices: We may use other industry standard technologies like pixel tags and web beacons to track your use of the Site pages and promotions, or we may allow our third party service providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on the Site, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a Non Personal Information notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on the Site, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our affiliates and/or marketing partners for the same purposes.

 

12. CONTACTING US / REPORTING VIOLATIONS

If you have any questions or comments about this Policy or our privacy practices, or to report any violations of the TOS or abuse of an Application, the Momark Services or the Site, please contact us at support@momarkservices.com

 

13. PRIVACY PRINCIPLES

You have control over what information you share, and whom you share it with.
Except as provided under this Policy, we do not share your personal information with people or services you don't want.
We will work hard to be a responsible steward of the information we hold.
We store your information to improve your user experience.
B) END USER LICENCE AGREEMENT AND TERMS & CONDITIONS
THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND MOMARK SERVICES PRIVATE LIMITED ("THE AUTHOR") STATING THE TERMS THAT GOVERN YOUR USE OF THIS SOFTWARE AND ITS ASSOCIATED SERVICES ("THE APPLICAION"). THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND THE AUTHOR. BY INSTALLING, COPY OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. TO AGREE TO THESE TERMS, CLICK "I AGREE". IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE" AND UNINSTALL THE APPLICATION FROM YOUR DEVICE IMMEDIATELY. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND THE AUTHOR MAY REFUSE ACCESS TO THE APPLICATION FOR NON COMPLIANCE WITH ANY PART OF THIS AGREEMENT.
DEFINITION OF THE APPLICATION
This Application permits you (the "User") to use the Author mobile application, website (www.momarkservices.com) and any other associated services (collectively referred to as the "Application") under certain terms and conditions set forth in this Agreement.
BASIC TERMS
You must ensure that you provide us with your correct information at the time of registration. Information like Name, Email address, Mobile number, Address, Gender, Mother's maiden name and password may be required to be submitted by you at the time of registration. You must not falsify these details or provide incorrect information for any other individual or organisation without their permission. You alone shall be responsible for any information you provide to us. (This information may be used for security purposes and enhancement of the software's user experience. Details on this information can be viewed in the Privacy Policy)
You must not use the Application for any illegal or unauthorised purpose. The "associated services" may include mobile software on different platforms; web based services as well as any other associated services.
You must not in the use of the Application and violate any laws in your jurisdiction which may include state and central laws.
You must not hack and/or modify and/or reverse engineer and/or gain access by unauthorised means into the Application and/or any of its services code, scripts, database information without prior written permission from the Author.
You must not hack and/or modify and/or build another website or software application service to falsely imply that it is associated with the Author, the Application or any of its services.
You must not transmit any worms or viruses or any code of destructive nature.
You must not duplicate, crawl, scrape or otherwise cache any content from the Author and/or the Application including but not limited to service providers details, reviews and ratings and deals available.
You must not submit any unwanted reviews which have inappropriate adult or offensive content towards any race, caste, creed or religion. All reviews on the Application will be moderated and any such offensive content will not be allowed.
While the Author prohibits such conduct and content on its site and applications, you understand and agree that the Author cannot be responsible for the content posted on its site or application and you nonetheless may be exposed to such materials and that you use the Application at your own risk. You alone will be responsible for the content posted by you.
Violation of these terms will result in black listing, termination of your account and its associated services without notice and may lead to legal proceedings.
We reserve the right to modify or terminate the Application and/or its assocaited services for any reason, without notice at any time without any liabilities. All attempts will be made to adjust the points awarded but no guarantees will be given for this. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
All disputes are subject to exclusive jurisdiction of Delhi Courts only.
PRIVACY
At MoMark we recognise and respect that the end user's privacy is important. We have thus created a detailed "Privacy Policy" so that you can understand how your private information is being collected and what is it being used for. This Privacy Policy can be viewed here at our website www.momarkservices.com. Please understand that your compliance to the terms of this Agreement will automatically imply your acceptance to the terms of the Privacy Policy as Privacy Policy is a part of this Agreement. We have listed below highlights of the privacy policy to give you a head start on how we collect your information and what we use it for. At the time of registration we collect the following information
Your Name (By registering you accept that the information provided by you is absolutely correct and that you do not intend to falsify or impersonate any other individual)
Your Email
Mobile number (read the privacy policy for details on why details on why we require your mobile number) Date of Birth/Age Gender Marital Status Mother's maiden name
Home Address Other information that we collect
GPS and geo location based data to give the user accurate results based on his location. We do not track the user and only collect this data on a session basis. Once the session is over we stop collecting user data based on locations. We never store this information on our servers and only use location data on a transient basis.
Diagnostics and logs may or may not be collected based on the user's preference. We might submit cookies to the user's browser.
LICENCE OF THE APPLICATION
The Application made available to you are licensed to you for use and NOT sold to you. The Author grants you a non-exclusive right to use this copy of the Application. Please understand that if you do not follow the said guidelines under the Agreement, we can revoke your licence to use the Application at anytime at our sole discretion.
USAGE
Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Application or used to administer the Usage Rules. You acknowledge that some aspects of the Application and administering of the Usage Rules entails the ongoing involvement of the Author.
INTELLECTUAL PROPERTY
Acknowledgement of Ownership: You agree that the Application, including graphics, user interface, editorial content, and the scripts and software used to implement the Application, contains proprietary information and material that is owned by the Author, and is protected by applicable intellectual property and other laws, including but not limited to copyright and that you will not use such proprietary information or materials in any way whatsoever except for use of the Application in compliance with the terms of this Agreement.
COPYRIGHT
All copyrights in and to the Application, as well as the software, are owned by the Author who reserves all his rights in law and equity. THE USE OF THE APPLICATION OR ANY OF ITS PART, EXCEPT FOR USE AS PERMITTED IN THISAGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF AUTHOR AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
TRADEMARKS
Momark and the Momark's logo are trademarks or registered trademarks of the Author in India and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Application may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
Without prejudice to any other rights, Author or his licensor may terminate your right to use the Application under this Agreement if you fail to comply with the terms and conditions of this Agreement. Upon termination, you shall immediately stop using the Application, remove all copies of the Application and any related information from any electronic equipment under your control, and return to the Author the original disc media (if any), the accompanying printed materials, and any material you have copied thereof within one month.
TERMINATION CERTIFICATE
Within one month after the termination of this Agreement, you shall ensure that all original and all copies, in whole or in part, in any form, of the Application have been destroyed and if required by the Author, shall confirm and certify the same in writing.
GENERAL COMPLIANCE WITH LAWS
The Application is provided by the Author from his offices in India. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Application.
GOVERNING LAWS
The laws of India governs these Terms of Service and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Author or relating in any way to your use of the Application resides in the courts of the India (Delhi jurisdiction).
ENFORCEMENT OF THESE TERMS
The Author reserves the right to takes steps he believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to his right to cooperate with any legal process relating to your use of the Application, and/or a third party claim that your use of the Application is unlawful and/or infringes such third party's rights). You agree that the Author has the right, without liability to you, to disclose any collected information to law enforcement authorities, government officials, and/or a third party, as the Author believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Author's right to cooperate with any legal process relating to your use of the Application, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
MAINTENANCE AND SUPPORT
The Application is available to users as is, where is. The Author shall not be responsible for maintenance or field service of the Application under this Agreement. We make no guarantees about its availability and performance. However we will strive to support and update the Application on a fair use basis. For customer support services, please refer to our website www.momarkservices.com.
DISCLAIMERS OF WARRANTIES; LIABILITY LIMITATIONS
Although great care is taken in providing an error-free application, the Author does not make any guarantees regarding the Application and its fitness for any purpose. (I) The Author does not guarantee that your use of the Application will be uninterrupted and error-free: You agree that from time to time, the Author may remove the Application for indefinite periods of time, or cancel the Application and related services at any time, without notice to you, (II) The Author does not represent or guarantee that the Application will be free from data corruption, attacks from viruses interference, hacking or other security intrusions. (III) The Application is provided on as "as is" basis and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of the Application remains with you. Author does not represent or warrant that the Application furnished hereunder is free of infringement of any third party patents, copyrights, or trade secrets. In no case shall the Author be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Application or for any other claim related in any way to your use of the Application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use the Application, even if advised of their possibility. Author's total liability hereunder for damages of any nature shall not exceed the total payment made by you for the Application. Author shall not be liable for any software failure resulting from accident, abuse, misapplication, or modification without permission. The Author shall use reasonable efforts to protect the information submitted by the Application, but you acknowledge and agree that your submission of such information is at your sole risk, and the Author disclaims any and all liability to you for any loss or liability relating to such information in any way.
WAIVER AND INDEMNITY
By using the Application, you agree to indemnify and hold the Author, his agents, contractors and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Application, or any action taken by the Author as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages from the Author, his agents or contractors as a result of his decision to remove or refuse to process any information, to warn you, to suspend or terminate your access to the Application and associated services, or to take any other action during the investigation of a suspected violation or as a result of the Author's conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.
DEALS/ SERVICES/ REWARD POINTS AVAILED UNDER CUSTOMER LOYALTY RETENTION SOLUTION
Any deal/ services/ reward points availed by you from a merchant under customer loyalty programme of such merchant shall be considered as an economic transaction between you and merchant, and the Author shall not be considered or deemed to be involved in the same. All products or services procured from merchant shall be subject to the standard warranties of the merchant, and the merchant alone shall be responsible for the quality, standards and defects of such products and services. You agree and undertake that you shall not have/ raise any claims against the Author relating to any products or services obtained from a merchant.
CHANGES
The Author reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Application. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Application following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
MISCELLANEOUS
These Terms of Service constitute the entire agreement between you and the Author and govern your use of the Application, superseding any prior agreements between you and the Author. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Author's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. The Author will not be responsible for failures to fulfil any obligations due to causes beyond its control.