Legal Terms

GENERAL

• This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
• This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the application "Mblood" ("Application") and website http://mblood.in/
• The Website and Application is owned and operated by SPPL Jain Charitable Trust a private company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at No.4-A, Thyagaraja Complex, Old No.853, New No.250, Poonamallee High Road (Next to Breeze Hotel), Kilpauk, Chennai - 600010, Tamilnadu, India where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, employees, directors, officers, agents and their successors and assigns.
• By accessing the Website or Application, whether through a mobile device, mobile application or computer, the User agrees to be bound by these Terms of Use ("Terms") and the Privacy Policy ('Policy'), whether or not the User creates an account to avail of the Service. If the User wishes to avail of the Service, the User does hereby unequivocally accept and agree to the contents of these Terms and the Policy.
• For the purpose of these Terms, wherever the context so requires:
  • The term 'the User' & 'User' & 'Member' & 'You' shall mean any legal person or entity accessing or using the Service (defined below) provided on the Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
  • The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the mcontext so requires; and
  • The terms 'We' and 'Us' shall be used to refer to the Company.
• The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
• The Application has been designed by the Company to assist the User in connecting with other Users of the application, in providing technical accessibility between the Users, and creating a common platform wherein transactions between the Users are carried out in a seamless and efficient manner, using various third party products/services to be decided at the discretion of the Company, to be added to the Application from time to time, including but not limited to third party payment gateways ("Service").
• The use of the Website and Application by the User is solely governed by these Terms read with the Privacy Policy and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Accessing the Application and/or using any of the information or Services provided therein shall be deemed to signify the User's unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same, regardless of however the User or anyone on the User's behalf has accessed, installed, downloaded or used the Application. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other. The User may not access the Application or avail of any of the Services provided by the Company if the User does not accept and agree to be bound by the Terms and Policy. In the event that the User or anyone acting on the User's behalf does not wish to be bound by the Terms and the Policy, the User (or the legal person/entity acting on the User's behalf) unequivocally agrees to refrain from accessing, using or retaining the Application on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User's behalf, whether expressly or impliedly in contravention with the Terms or Policy, will render the User liable for legal and punitive action.

ACCEPTANCE OF TERMS

• These Terms form an electronic contract that establishes legally binding terms that the User must accept to use the Service provided through the Application. These Terms include by reference the Company's Policy, and any other terms disclosed and agreed to by the User in the event the User purchases or accepts additional features, products or services in addition to the Service, including but not limited to terms governing features, billing, free trials, discounts, promotions, etc.
• The User is aware and agrees that the Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Application following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Application.

ELIGIBILITY

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Application if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, regulation or judicial order/verdict currently in force.

CREATION OF AN ACCOUNT AND REGISTRATION

In order to use Service, the User must first provide certain details to the Company through the Application, including but not limited to the User's name, age, sex, blood type, blood requirement, eligibility, mobile phone number, email address, photographs, user name, password, geographical location, etc., to create an account that can subsequently be used to avail of the Service. The User agrees that all information provided to the Company shall be accurate to the best of the User's knowledge, belief and information, and shall be updated whenever appropriate, in a timely manner. The User hereby authorises the Company to access and use any and all such information provided, as governed by these Terms and the Policy.

TERM AND TERMINATION

These Terms will remain in full force and effect while the User avails of the Service and/or is in possession of an active account. The User is aware that the Company may terminate or suspend the User's account at any time, without cause or notice, if the Company believes that the User has breached the Terms or Policy, or for any other reason, in its sole discretion. The User is further aware and expressly agrees that even after the User's account is terminated for any reason, these Terms and the Policy shall survive such termination, and continue to operate in full force and effect, except for any terms that by their nature expire or are fully satisfied.

NON-COMMERCIAL USE BY USERS

The Service is only for the personal use of the User. The User may not use the Service or any content contained in the Service (including, but not limited to, content of other users or establishments, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavours, including but not limited to advertising or soliciting any User to buy or sell any products or services not offered by the Company or through the Application. The User may not use any information obtained from the Service to contact, advertise to, solicit, or sell any product/service to any other User, either within the Application or otherwise. Organizations, companies, and/or businesses may not use the Application or the Service for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including the collection of usernames and/or email addresses of other users by electronic or other means, for the purpose of sending unsolicited email and unauthorized framing of or linking to the Application or Service.

ROLE AND RESPONSIBILITY OF THE COMPANY

• Upon registration as a Member after filling the form and providing details, the Application will provide You with facility to avail the Services, where You can raise a request for blood of a certain type, browse existing requests for blood of a certain type and see suggestions based on Your blood group type or preferences for a potential match with other Users or Members.
• Raising a request for blood entails filling up a form wherein preferences are required to be mentioned by You, including but not limited to the blood type required, along with geographical location details. The request will then be shared by the Application with other Members.
• We will endeavour to provide Member profile(s) as per your set preferences subject to availability of profile in the database of the Application.
• Suggestions made by Application are based on the data provided by the Members in their blood group type preferences, algorithm, and other technological factors. Each Member agrees to exercise due care and caution while proceeding with meeting/contacting with a matched Member profile.
• The database of the Application can be accessed by Members at any point of time subject to fulfilment of Membership conditions and any downtime or technical errors or other causes which are outside our control, provided that You have access to internet services.
• The availability of Member profiles depends on the number of registered Members, and We undertake no obligation to provide You with any definite number of profiles.
• We will provide You all assistance related to our Application and take appropriate measures to resolve any complaints which you may have in relation to our Application.
• It shall be the responsibility of the Company to display the Member profiles in a form decided by Us, and to take appropriate measures for any Member's account if We receive any complaint from any of our Members against another Member.
• In the event that it is found that a false complaint is filed by any Member, then it is the victim Member's responsibility to take appropriate action if any at their own expense, and the Company is not liable for the same.
• We may provide You with reasonable assistance, to be determined at the discretion of the Company, in providing any information pursuant to an order of a competent enforcement or judicial authority, provided that any expenses in doing so is to be borne by the Member who has taken any action. The same is notwithstanding the result of any such claim or action taken before any such authority.
• The profiles shared with Members are from the data available with the Application. We do not make any representations as to the accuracy and authenticity or otherwise in relation to any such data either provided at the time of registration or maintained subsequently. Our one-time password method only provide an assurance that the mobile number provided at the time of registration was in active state.

Role and Responsibility of Member/ User

• Members agree that a basic prerequisite for use of the Application is easy access to the internet and internet browsing facilities supported by the Application, as well as a working phone number by which the Member is accessible. All expenses in relation to the same are to be borne entirely by the Members, and Members further agree that the Company shall not be liable for any shortcomings/deficiencies/interruptions/mistakes/downtime of any nature in the services provided for by the internet/telecom service provider(s).
• Members agree to exercise due care and caution while shortlisting other Members and satisfy themselves before making a choice of the match through adequate efforts, initiatives and due diligence. We are not liable for the consequences of any misrepresentations made by any Members to You. However, if it is reported or found by us that any Member's profile is misleading or inaccurate or any Member is not in conformity with these Terms and Privacy Policy, then We reserve the right to suspend, terminate or block such a Member at the discretion of the Company.
• Members agree to verify the credentials of other Members such as blood group type, blood donation/requirement eligibility, medical status, contact details, character, etc.
• Members agree to provide accurate photographs which should not be more than 3 months old at any time, and agree to keep all information up to date and accurate. Providing old photographs, inaccurate / false information of their health status and blood type details shall be treated as violation of these Terms and Policy which will make such Member ineligible from availing our services and any payment (if) made towards the services will be immediately forfeited.
• Members shall disclose their proper health records and blood group type specific information (if applicable) in the form and keep such information up to date at all times. Such health information may include, but is not limited to any pre-existing illness. Non-disclosure of such information or inaccurate disclosure of such information at all times shall be treated as violation of the Terms and Policy.
• Members are expected to refrain from :
  • Entering into financial transactions with shortlisted prospects.
  • Dealing with shortlisted prospects in any manner before carrying out due verifications of the prospect.
  • Entering into any deal/contract with prospect outside the Application.
  • Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.
• Members are expected to be cautious of Members who call from multiple numbers, only interact over phone, doesn't come forward for face to face meetings (physically or through video calls) upon request and don't involve family and friends in blood request matching.
• Members cannot use the profile shared to them for the benefit of any third person(s) or for gaining any commercial benefits and any contravention of the same shall amount to a violation of these Terms.
  • Membership for the purposes of blood request match over our Application is restricted strictly to the registered individual Members only. Member's data cannot be used for any commercial purpose or for competitive business or for any other purpose than specified purpose of match between blood donor and blood seeker or such other purpose as may be notified by Us from time to time.
• You shall not assign or transfer Your Membership to any other person or entity.
• We and our partners may contact you over phone / e-mail / SMS and in such technological modes as are prevailing in the market, and by submitting the form, you waive any right to treat such communication as unsolicited commercial communication notwithstanding the fact that your number is registered under the National Do Not Call Registry or any other registry established for similar purposes.
• In the event of any contravention of these Terms or Policy by any Member, the Company reserves our right to initiate appropriate legal action against the concerned Member.

ACCOUNT SECURITY

The User is responsible for maintaining the confidentiality of his/her username and password, assigned to the User during the registration process, and the User is solely responsible for all activities that occur under the User's username and password. The User agrees to immediately notify the Company of any disclosure or unauthorized use of the User's username or password, or any other breach of security with respect to the User's account, and also ensure that he/she logs out from his/her account at the end of each session.

INTERACTIONS WITH OTHER USERS

The User agrees and acknowledges that the User is solely responsible for his/her interactions with other users. The User understands that the Company does not conduct any background checks, medical checks or screenings on any of its Users. The User is further aware that the Company also does not inquire into the backgrounds of any of its users, or attempt to verify the statements of its Users. The Company makes no representations or warranties as to the conduct of its Users, or the information / material made available by them to other Users, and the User expressly agrees and acknowledges that the Company will not be liable for the same in any manner whatsoever.

PROPRIETARY RIGHTS

The User is aware that the Company owns and retains all proprietary rights in the Application and Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Application and Service contain the copyrighted material, trademarks, and other proprietary information of the Company, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company.

CONTENT POSTED BY THE USER

• The User acknowledges and agrees that he/she is solely responsible for the content and information that he/she posts, uploads, publishes, links to, transmits, records, displays or otherwise makes available on the Service or transmits to other users, including text messages, chat, photographs, whether posted on the Website or Application, or privately transmitted to other Users. The User may not Post as part of the Service, or transmit to the Company or to any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). The User represents and warrants that all information that the User submits upon creation of the account is accurate and truthful, and that the User will promptly update any information that subsequently becomes inaccurate, incomplete, misleading or false.
• The User understands and agrees that the Company may, but is not obligated to, monitor or review any content the User posts as part of the Service. The Company may delete any content, in whole or in part, that in the sole judgment of the Company violates these Terms or may harm the reputation of the Application, Website, Service or Company.
• The User may not post, upload, display or otherwise make available content that:
  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • advocates harassment or intimidation of another person;
  • is intended to otherwise defraud other users of the Service;
  • involves the transmission of 'junk mail', 'chain letters', or unsolicited mass mailing or 'spamming' (or 'spimming', 'phishing', 'trolling' or similar activities);
  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libellous or otherwise objectionable;
  • promotes an illegal or unauthorized copy of another person's copyrighted work;
  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • provides information or data the User do not have a right to make available under law or under contractual or fiduciary relationships (including, but not limited to inside information, proprietary and confidential information);
  • disrupts the normal flow of dialogue, causes a screen to 'scroll' faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; and
  • publicises or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
• The Company reserves the right, in its sole discretion, to investigate and take any legal action against any User who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such User.
• The User's use of the Service, including all content posted by the User through the Service, must comply with all applicable laws and regulations. The User agrees and acknowledges that the Company may access, preserve and disclose the User's account information and content if required to do so by law, or if it in good faith believes that such access, preservation or disclosure is reasonably necessary, to:
  • comply with any legal process;
  • enforce these Terms;
  • respond to claims that any content violates the rights of third parties;
  • respond to the User's requests for customer service, or allow the User to use the Service in the future; or
  • protect the rights, property or personal safety of the Company or any other person.
• The User agrees that any content the User posts on the Service may be viewed by other users, and may be viewed by any person visiting or participating in the Service.

INDEMNITY

Any Member's conduct, personal interaction either over the Application or otherwise, and any communication or transactions of any nature are outside the purview of the scope of Service of the Company, and each Member agrees to indemnify and hold Us harmless in relation to the same. Any and all Members also agree to hold all the Directors/stakeholders/officials/employees and persons associated with the Company, Application and Website harmless in relation to the same.

PROHIBITED ACTIVITIES

The Company reserves the right to investigate, suspend and/or terminate the User account if the User has misused the Service or behaved in a manner the Company regards as inappropriate or unlawful, including actions or communications that occur off the Service, but involve users of the Service or information obtained through the Service. The following is a non-exclusive list of actions and activities that the User is not permitted to engage in while availing of the Service:

• impersonate any person or entity;
• post any content that is prohibited by these Terms or any applicable law currently in force;
• stalk or otherwise harass any person;
• express or imply that any statements the User makes are endorsed by the Company without the Company's specific prior written consent;
• use the Service in an illegal manner or to commit an illegal act;
• ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
• collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
• interfere with or disrupt the Service or the servers or networks connected to the Service;
• email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software);
• "frame" or "mirror" any part of the Service, without the Company's prior written authorization;
• use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose;
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;
• post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with the User use of the Service in accordance with these Terms.

CUSTOMER SERVICE

The Company may provide assistance and guidance through its customer care representatives. When communicating with the Company's customer care representatives, the User agrees to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and to not otherwise behave inappropriately. If the Company is of the impression that the User's behaviour towards any of its customer care representatives or other employees is at any time threatening or offensive as described hereinabove, the Company reserves the right to immediately terminate the User's account.

MODIFICATIONS TO SERVICE

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website, Application or Service (or any part thereof) with or without notice. The User agrees and acknowledges that the Company shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right to block users from certain IP addresses from accessing the Service, at any time and in its sole discretion.

DISCLAIMERS

• The User acknowledges and agrees that neither the Company nor its affiliates or third party partners are responsible for, and shall not be deemed to have any liability - directly or indirectly, any loss or damage, including personal injury or death, as a result of or alleged to be the result of
  • any incorrect or inaccurate content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service;
  • the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings;
  • the conduct, whether online or offline, of any user;
  • any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications;
  • any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or any other online portal/facility on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service, and the User hereby expressly acknowledges and agrees that the Company has no responsibility or control over the same.
• The User is aware and acknowledges that to the maximum extent allowed by applicable laws, the Company provides the Service on an "as is" and "as available" basis, and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The Company does not represent or warrant that the Service will be uninterrupted or error free, secure or that any defects or errors in the Service will be corrected.
• The Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. The User is aware that all such third party content is the responsibility of the respective authors thereof, and the Company does not make any warranties or guarantees with respect to the same. The User is further aware that the Company does not:
  • guarantee the accuracy, completeness, or usefulness of any third party content provided through the Service, or
  • adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the Service. The User agrees and acknowledges that under no circumstances will the Company or its affiliates be responsible or liable for any loss or damage resulting from the user reliance on information or other Content posted in the Service, or transmitted to or by any users.

LIMITATION OF LIABILITY

To the fullest extent allowed by applicable law, in no event will the Company, or its affiliates be liable to the User or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Company has been advised of the possibility of such damages.

The Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website/Application incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment.

INFORMATION COLLECTED FROM THE USER'S DEVICE

The User is aware and hereby expressly acknowledges and agrees that the Company may access, store and disseminate information collected from the User's device through the Application, whether or not such information/material is supplied directly by the User or has been collected by the Application, including without limitation the User's geographical location, pictures, videos, contacts, chat transcriptions and web browsing history.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of the Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism.

• Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
• Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be New Delhi, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at New Delhi, in the National Capital Region, India shall have exclusive jurisdiction over any disputes arising between the Parties.

NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD). The User may also directly contact the grievance officer at:

The Grievance Officer, No.4-A, Thyagaraja Complex, Old No.853, New No.250, Poonamallee High Road (Next to Breeze Hotel), Kilpauk, Chennai - 600010, Tamilnadu, India. MISCELLANEOUS PROVISIONS

• Entire Agreement: These Terms, read with the Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, comprises the entire agreement between the User and the Company regarding the User's use of the Service. If any provision of these Terms or the Policy is held invalid by any court or governmental authority of requisite jurisdiction, the remainder of these Terms shall continue in full force and effect and the Parties shall attempt to give full effect to their original intention.
• Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
• Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
• Non-Transferability: The User agrees that his/her account is non-transferable and all of the User's rights to the profile or contents within the account shall terminate upon the User's death or termination of the User's access to the Service. The User is aware that he/she is not permitted to allow another individual to use of access his/her personal account, or use the Service in any manner whatsoever.
• Relationship between the Parties: The User is aware and agrees that no agency, partnership, joint venture or employment is created as a result of these Terms, and the User may not make any representations or bind the Company in any manner.

PRIVACY POLICY

• This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
• This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the domain name (“Website”) and the corresponding application (“Application”).
• The Website and the Application are owned and operated by M/s Lightray Infolabs Pvt. Ltd. (“Company”), incorporated under the provisions of the Companies Act, 2013, and having its registered office at E 43/1, Okhla Phase II, New Delhi - 110020, where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, employees, directors, officers, agents and their successors and assigns.
• By accessing the Website or Application, whether through a mobile device, mobile application or computer, the User agrees to be bound by the Terms of Use (‘Terms’) and this Privacy Policy (‘Policy’) whether or not the User creates an account to avail of the Service. If the User wishes to avail of the Service, the User does hereby unequivocally accept and agree to the contents of the Terms and Policy.
• For the purpose of these Terms, wherever the context so requires: i. The term 'the User' & 'User' & 'Member' & 'You' shall mean any legal person or entity accessing or using the Service (defined below) provided on the Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; ii. The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires; and iii. The terms 'We' and 'Us' shall be used to refer to the Company.
• The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
• The Application has been designed by the Company to assist the User in connecting with other Users of the application, in providing technical accessibility between the Users, and creating a common platform wherein transactions between the Users are carried out in a seamless and efficient manner, using various third party products/services to be decided at the discretion of the Company, to be added to the Application from time to time, including but not limited to third party payment gateways ("Service").
• The use of the Website and Application by the User is solely governed by these Terms read with the Privacy Policy and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Accessing the Application and/or using any of the information or Services provided therein shall be deemed to signify the User's unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same, regardless of however the User or anyone on the User's behalf has accessed, installed, downloaded or used the Application. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other. The User may not access the Application or avail of any of the Services provided by the Company if the User does not accept and agree to be bound by the Terms and Policy. In the event that the User or anyone acting on the User's behalf does not wish to be bound by the Terms and the Policy, the User (or the legal person/entity acting on the User's behalf) unequivocally agrees to refrain from accessing, using or retaining the Application on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User's behalf, whether expressly or impliedly in contravention with the Terms or Policy, will render the User liable for legal and punitive action.

COLLECTION OF PERSONAL AND OTHER INFORMATION

• The User is aware and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User from time to time through the Application, including but not limited to the User’s user name, passwords, email address, name, address, age, date of birth, sex, nationality, geographical location, web browsing history, etc., as well as any images, chat messages or other information uploaded / published by the User through the Application. The User is aware that this information will be used by the Company/Application to provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customize and improve the Application to make its users’ experiences safer and easier.
• The User is aware that the Company/Application may automatically track certain information about the User, based upon but not limited to, the User’s IP address and the User’s use of the Application, and the User expressly consents to the same. The User is expressly made aware that such information may include the browsing history of the User, whether or not a part of/through the Application.
• If the User chooses to avail of the Service through the Application, the User consents to allowing the Company/Application to collect information about the User’s behaviour and trends.
• The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company/Application, including but not limited to personal correspondence such as emails, feedback from other users or third parties regarding the User’s activities or postings on the Application, etc., may be collected and complied by the Company/Application into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
• The User is aware that while he/she may be able to browse/access some sections/features of the Application without being a registered user, certain activities, including but not limited to availing of the Service may require the User to provide valid personal information to the Company/Application for the purpose of registration.

COOKIES

• The User is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a User’s login identification, password, etc. The User is aware that the Application places both permanent and temporary cookies in the User’s computer's hard drive and web browser, and does hereby expressly consent to the same.
• The User is further aware that the Application uses data collection devices such as cookies to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Application are only available through the use of such cookies. While the User is free to decline the Application’s cookies if the User’s device permits, the User may consequently be unable to use certain features on the Application.
• Additionally, the User is aware that he/she might encounter ‘cookies’ or other similar devices on the Application that are placed by third parties or affiliates of the Company. The User expressly agrees and acknowledges that the Company/Application does not control the use of such cookies/other devices by third parties, that the Company/Application is in no way responsible for the same, and that the User assumes any and all risks in this regard.

DIVULGING/SHARING OF PERSONAL INFORMATION

• The User is aware that the Application/Company may share the User’s personal information with other entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Application’s services; and to facilitate joint or co-branded services, where such services are provided by more than one entity.
• The User is aware that the Application/Company may disclose personal information if required to do so by law or if the Application/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Application/Company may also disclose the User’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
• The User is further aware that the Application/Company and its affiliates may share / sell some or all of the User’s personal information with other business entities should the Company/Application (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
• Notwithstanding anything contained herein or in the Terms of Service accompanying the present Policy, the User acknowledges that the Company shall protect the confidentiality of all data provided by the User to the Application, and the User accordingly agrees that the Company shall not be held liable for any accidental dissemination of data that has occurred in spite of the Company’s best efforts and procedures to maintain confidentiality.

USER’S CONSENT

By using the Application and/ or by providing information to the Company through the Application, the User consents to the collection and use of the information disclosed by the User on the Application in accordance with this Policy, including but not limited to the User’s consent to the Company/Application sharing/divulging the User’s information, as per the terms contained herein.

GRIEVANCE OFFICER

In accordance with Information Technology Act, 2000 and rules made there under, the contact details of the Grievance Officer are provided below: Grievance Officer

The Grievance Officer, No.4-A, Thyagaraja Complex, Old No.853, New No.250, Poonamallee High Road (Next to Breeze Hotel), Kilpauk, Chennai - 600010, Tamilnadu, India.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further expressly agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.

• Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
• Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties.

The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be New Delhi, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at New Delhi, in the National Capital Region, India shall have exclusive jurisdiction over any disputes arising between the Parties.