TERMS AND CONDITIONS OF USE - The social networking App for neighborhoods

The following Terms and Conditions of Use apply to your use of the Link Locality application (“Application”) and to your registration for creating a user account on the Application and accessing the services and information provided by the Application.

These Terms and Conditions of Use form a legally binding agreement between you and Javensoft Technologies LLP (hereinafter referred to as “the Company” / “we” / “us”), being the owner of the Application. Please read these Terms and Conditions of Use carefully before proceeding, as by completing the registration process and/or by using the Application, you signify your agreement with these Terms and Conditions of Use. If you do not agree with any of these Terms and Conditions of Use, then please do not access the Application and/or complete the registration process on the Application. In case of any discrepancy between these Terms and Conditions of Use and any other content within the Application, these Terms and Conditions of Use shall prevail.

The Company retains the right at any time to deny or suspend access to any or all sections of/services provided through the Application to any user, who the Company believes, has violated any of the provisions of these Terms and Conditions of Use.

1. GENERAL SCOPE OF SERVICES

The Application is owned, operated and maintained by Javensoft Technologies LLP incorporated and existing under the laws of India, having its registered office at Tower 6-A, Flat No. 1003, Valley View Estate, Gurugram, Haryana – 122 003. The Application is a location-based platform where User(s) and/or Service Provider and Service User (as defined herein below) of the Application can connect with each other.

Through the Application, the Company provides the following:

A social networking platform wherein the users can interact and connect with each other (“Social User”) in a particular location/geographical area; and

An online facilitation platform between users of the Application who intend to offer any products and services (“Seller”) and those users of the Application who intend to avail any services (“Buyer”) in a particular location/geographical area.

The Social User, Seller and Buyer may collectively be referred to as “you” or “your” or “Users”. The Users and the Company may collectively be referred to as “Parties”.

2. REGISTRATION

To gain access to the contents or services provided through the Application, you will need to create an account on the Application. To create an account on the Application, you will be asked to complete the registration form and fill in certain details such as name, age, date of birth, address, mobile number, e-mail id, etc. You expressly acknowledge that the Company will rely on the information as would be provided by you and thus you hereby warrant that any and all information provided by you in the course of creating the account is true and accurate. You will immediately inform of any changes to the information as would have been provided at the time of initial registration.

The Company reserves the right, at its absolute discretion and without assigning any reason, to refuse any user from creating an account on the Application or to suspend or cancel an account. The Company also reserves the right to suspend or cancel at any time and without notice the account of any user who is found to be in breach of these Terms and Conditions of Use or if any user who in the reasonable opinion of the Company is guilty of conduct which is detrimental to the reputation of the Company.

3. YOUR ACCOUNT

You hereby confirm and acknowledge that you shall be solely responsible for maintaining the confidentiality of your user name and password and restricting any unauthorized access and use of sections/services of this Application using your user name and password. You will be responsible for all access to and use of this Application through your user name and password, whether or not you have the knowledge of or authorize such access and use. You will notify the Company immediately of any unauthorized disclosure or use of user name and password, or if you suspect the privacy of your user name and password has been breached and/or jeopardized. Until the Company is notified of a breach in security, you will remain liable for any unauthorized disclosure or use of your user name and password. You are cautioned, at your sole liability, to exercise particular care while using public networks/WIFI connection or accessing your account from public computers.

You shall not (i) select or use as a user name, a name of another person with the intent to impersonate that person; (ii) use as a user name, a name that is otherwise offensive, vulgar or obscene. The Company reserves the right to refuse registration of or cancel a user name in its sole discretion. You will be solely responsible for any and all activity that takes place in or through your account.

Company also reserves the right, either by itself or through third parties, to offer alerts, newsletters, e-mails and other promotional offers to you based on the preferences that you identify during the registration process and at any time thereafter from your account on the Application.

4. USE OF THIS APPLICATION

This Application is for your personal use. You shall not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or services obtained from this Application whether printed, visual, electronic, e-mail forwarding, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose. As a condition of your use of this Application, you hereby warrant that you will not use this Application for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or otherwise.

You further agree and acknowledge that any unauthorized or unlawful use of this Application would result in irreparable injury to the Company and/or its affiliates for which monetary damages may be inadequate, and in such event Company and/or its affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to obtain immediate injunctive relief against you. Nothing contained in these Terms and Conditions of Use shall be construed to limit remedies available pursuant to statutory or other claims that Company and/or its affiliates may have under separate legal authority.

5. MODIFICATION TO SERVICES

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the services (or any part thereof) offered through this Application or the design and functionality of this Application, with or without notice and/or reason(s). You agree that Company shall not be liable either to you or to any third party for any modification, suspension or discontinuance of any of the services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.

6. USE OF COMMUNICATION FORUM ON THE APPLICATION

This Application may provide you a platform to generally express yourself and certain communication facilities may allow interactivity between users of the Application, including without limitation by way of one-on-one communication, group communication, blogs, posting boards and other message or communication facilities. By way of example, and not as a limitation, you hereby agree not to:

use the platforms provided by this Application for any purpose other than as expressly permitted by the Company including but not limited to using the information to sell or promote any products or services.
post on this Application any content, whether or not containing links, for any competitor of the Company.
collect, post or submit on this Application any incomplete, fictitious, false or inaccurate biographical information.
upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or has received all necessary consents thereto.
promote or endorse illegal or unauthorized copy of another person’s copyrighted work such as providing or making available pirated computer programs/software, music or other media or links to them, or provide instructional information about illegal activities or other activities prohibited by these Terms and Conditions of Use.
upload, post, publish, distribute, transmit, link or otherwise make available or disseminate, whether or not through links, through this Application any content that is unlawful, harmful, defamatory, infringing, obscene, racist, pornographic, threatening, indecent, unlawful or otherwise objectionable material or information.
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Application.
upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional content, transmit junk mail, spam, hacker programs, chain letters, or other unsolicited bulk e-mail or duplicative messages or overload or ‘flood’ this Application’s systems and infrastructure.
upload files that contain viruses, trojan horses, worms, cancelbots, corrupted files or any other similar harmful software or programs or malicious codes.
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
download any file posted by another user of this Application that you know, or reasonably should know, cannot be legally distributed in such manner.
attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Application.
aggregate, copy or duplicate in any manner any content or information available from this Application.
attempt to gain unauthorized access to this Application or its services, other users’ accounts or computer systems, through password mining or otherwise or engage in any systematic extraction of data or data fields, including without limitation e-mail addresses. The collection of e-mail addresses from the profile pages or from the database of any user for any use without the written permission of Company and/or user is considered as theft and legal action will be taken against offenders.
upload, share or otherwise distribute any text, graphics, images, videos or data which is unlawful, threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy or impersonate another person.
upload, share or otherwise distribute any text, graphics, images, videos or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

7. UPLOADING OF CONTENT AND INFORMATION

The Company advises its users to ensure that any and all content and information uploaded by any User on the Application is in compliance with and does not violate any of the provisions of these Terms and Conditions of Use. The Company reserves the right to filter any and all content and information as would be uploaded by the users prior to such content or videos being available to the other user of the Application and any decisions of the Company in this regard and filtering of any content and information would be final and binding on the users of the Application.

8. YOUR REPRESENTATIONS AND WARRANTIES

You acknowledge, represent and warrant to the Company as follows:

You will be solely responsible for your use of this Application including content, material and information posted, published, submitted or otherwise disseminated by you through this Application. You will use this Application legally and only for the purposes that it is intended to be used for.
You will be solely responsible for obtaining and maintaining third party consents for content, material and information of any third party posted, published, submitted or otherwise disseminated by you through this Application. You will not, for example, be in breach of any obligations, contractual or statutory, to which you are subject or governed.
You will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You will fully comply with these Terms and Conditions of Use.
You will be fully responsible for your use of this Application.
You acknowledge that the internet or the Company’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication, connectivity problems or other facts beyond the control of Company. You acknowledge that Company will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.
You will indemnify the Company, its affiliates, employees, experts, etc., as applicable, against any claim or demand, including reasonable legal fees, incurred by any of them due to or arising out of any content that you submit, post, transmit or make available through this Application; or any other website/application that chooses to link to or display the content; your use on or of this Application; any unlawful, unauthorized or prohibited use of this Application; and/or your violation of these Terms and Conditions of Use.

9. PRIVACY

Your registration data and other information collected through the use of this Application is subject to our Privacy Policy. You acknowledge that through your use of this Application, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to governmental authorities for storage, processing and use by Company and its affiliates. For more information, see our full privacy policy at Privacy Policy [insert hyperlink].

10. LIABILITY DISCLAIMER

The Company shall not be responsible for interactions between Social Users of the Application or be held liable for any harm or damage you may experience because of these interactions. It is advisable for Social Users to be responsible and take necessary precautions when interacting with other Social Users. You are also advised to take precautions before meeting any Social User in person such as investigation, choosing of public locations, intimating somebody of the location of where you will be meeting. The Social User hereby acknowledges that the Company shall not have any responsibility in case of the such interactions and meetings.

The Application may provide information about various physical and sports activities. It is advisable that you should not engage in any sport or any physical activity without first consulting a physician to confirm and verify that you are medically fit to participate in the proposed sport or physical activity. You are also advised not to engage in any sport or any physical activity without using the appropriate sports equipment and/or protective wear to ensure your safety.

Any and all content or information provided on the Application by the Seller concerning any product or service including without limitation to any specifications, qualifications or procedures are solely provided by Seller and the Company has not verified the same. The Buyer hereby acknowledges and confirms that reliance on any content or information provided by the Seller is at the Buyer’s own risk and the Company shall in no way be responsible for any loss, damage or injury arising from use of any information, idea or instruction available on the Application.

Any returns and refunds arising out of any transaction between a Seller and a Buyer for purchase of products or services shall be settled between the Buyer and Seller and in no event can the Company be held liable in any manner for the same.

The Company specifically disclaims any responsibility or liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, or refurbished, products purchased by Buyer from the Seller or any non confirmation of the product or the service to the information or description provided by the seller. Any error/mistake in the sale price of the product shall be solely attributed to the seller and not to the company. Prices, product or service description and availability of the product are Seller’s responsibility.

The Company specifically disclaims any responsibility or liability with regard to any advertisement or promotional material which may be placed by a User on the Application.

The Company’s role is limited to be being an intermediary operating an Application in the form of an Application which enables Sellers and Buyers to locate each other. The contract of sale (and the terms of sale) for the products or service is a bipartite contract directly between the Buyer and the Seller and the Company shall in no event have any liability or obligations towards the Buyer or the Seller in respect of the sale of the product or a service.

The Company makes no claim about the safety or appropriateness of any information found on the Application or of any views expressed or information provided and available on the Application. The Company also does not make any claims concerning the results to be obtained from relying on the information available on the Application and consequently the Company cannot be held liable for any non-performance of the services.

Company makes no representations about the suitability of the information, products, and services provided through this Application for any purpose, or the results that may be obtained from accessing and using the services provided through the Application. All such information, products and services are provided “as is” without warranty of any kind. Company hereby disclaim all warranties and conditions with regard to the information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement and in no event shall Company and/or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the access or use of the services provided through the Application or with the delay or inability to access or use the Application, or otherwise arising out of the use of this Application, whether based on contract, tort, strict liability or otherwise, even if Company or any of its affiliates has been advised of the possibility of damages.

11. INDEMNITY

You agree to indemnify and hold the Company and/or its affiliates, service providers, licensors, etc., and each of their officers, directors, employees, agents and representatives harmless from and against any claims, suits, proceedings, disputes, demand, liabilities, damages, losses, costs and expenses (including without limitation, reasonable legal and accounting fees) in any way related to or arising out of:

your access to or use of the services provided through the Application;
any information, content, etc., uploaded by you on the Application;
your act or omission resulting in violation of any of the provisions of these Terms and Conditions of Use;
any advertisement or promotional material which may be placed by a User on this Application; or
infringement by you, or anyone using your account, of the intellectual property rights or other rights of any person or entity.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defense of these claims at your expense. You agree not to settle any matter for which you are required to indemnify us without our prior written consent in each case. The Company will use all reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it. However, the failure of the Company to notify would not affect your indemnification obligations under these Terms and Conditions of Use.

12. LINKS TO THIRD PARTY SITES

This Application may contain hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for your reference only. Company does not control such websites and is not responsible for their contents. Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material or content on such websites or any association with their operators.

Company and/or its business partners may also present advertisements or promotional materials on or through this Application. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through this Application would be solely between you and such third-party. You hereby confirm and acknowledge that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on this Application.

Without limiting any of the disclaimers of warranty set forth in these Terms and Conditions of Use, Company does not provide or make any representation as to the quality or nature of any of the third-party products or services provided through this Application, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider, as the case may be.

13. ADVERTISEMENT

Subject to the provisions of these Terms and Conditions of Use Users are allowed to place advertisements or promotional materials on or through this Application. In this regard, the User shall ensure that such advertisement or promotional material:

is not misleading or the representations and claims made by such advertisement are not honest and truthful;

is not unlawful, harmful, defamatory, infringing, obscene, racist, pornographic, threatening, indecent, unlawful or otherwise contains objectionable material or information;

is not for the promotion of products/services which are regarded as hazardous to society or to individuals to a degree or of a type which is unacceptable to society at large; or

is not in contravention of or liable to prosecution under any laws, rules, regulations which are in force in India or guidelines issued by any Government or statutory authority of India.

In the event that any advertisement or promotional material which has been placed on this Application by the users, is deemed by the Company to be:

misleading or the representations and claims made by such advertisement are not honest and truthful;

unlawful, harmful, defamatory, infringing, obscene, racist, pornographic, threatening, indecent, unlawful or otherwise contains objectionable material or information;

for the promotion of products/services which were not regarded as hazardous at the time of the proposal made by the User but becomes hazardous to society or to individuals to a degree or of a type which is unacceptable to society at large; or

becomes in contravention of any law, rules, regulations which is in force in India or guidelines issued by any Government or statutory authority of India

the Company shall have the sole right to remove such advertisements or promotional material from this Application and shall not be liable to repay any amount paid by the User to the Company towards placement such advertisements or promotional material.

The User will be solely responsible for the contents of the advertisement or promotional material placed by such User on the Application and shall indemnify the Company in accordance these Terms and Conditions.

14. PAYMENTS

Any and all payments as may be required to be made by any User for accessing any services offered through the Application shall be governed by the payment policy of the Company available at [insert hyperlink].

15. TERMINATION OF REGISTRATION

These Terms and Conditions of Use will remain in full force and effect while you are a user of this Application. Your registration on this Application may be terminated at any time at the sole option and discretion of the Company or if you are found to be in breach of these Terms and Conditions of Use or if, in the reasonable opinion of the Company, you are guilty of conduct which is detrimental to the reputation of the Company.

16. INTELLECTUAL PROPERTY

All contents of this Application are copyrighted by the Company and/or its affiliates. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on this Application or in connection with any of the service are the property of the Company and/or its affiliates, licensors and/or licensees. Other product and company names mentioned herein may be the trademarks of their respective owners.

17. GENERAL

Governing Law and Jurisdiction. These Terms and Conditions of Use are governed by the laws of India. User hereby consents to the exclusive jurisdiction of the courts at Delhi for any and all disputes arising out of or relating to the use of this Application.

Entire Agreement; Severability. These Terms and Conditions of Use and any other terms or documents referred to herein represent your entire agreement with Company with respect to your use of this Application. If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable laws, then the invalid or unenforceable provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law. In that event, the invalid or unenforceable provision shall also be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions of Use shall continue in effect.

No Waiver. Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.

No Assignment. These Terms and Conditions of Use shall be personal to every user and you shall not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Company’s prior written consent. Company reserves the right to assign or transfer all or any of its rights and obligations under these Terms and Conditions of Use to any of its affiliates or any other third party, without notice to you.

Up-dations/Modifications. You agree to be bound by these Terms and Conditions of Use, which may be updated or modified from time to time without any notice to you. Any changes or modifications become part of these Terms and Conditions of Use and shall apply immediately. By continuing to use this Application after such modifications or changes to the Terms and Conditions of Use, you shall be deemed to give your acceptance of such modifications or changes. You may, at the sole discretion of the Company, be required to re-accept a substantially revised Terms and Conditions of Use to continue access to or use of the services provided through the Application.

A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form

Any rights not expressly granted herein are reserved.