Subject to the terms and conditions of this Agreement, the Licensor hereby grants to you a limited, non-transferable, non-sub licensable, non-assignable and revocable license to install and use the Licensed Application solely for your own personal, non-commercial use on devices that you own or control. For the avoidance of doubt, the Licensed Application is licensed, not sold, to you by the Licensor pursuant to and subject to the terms and conditions of this Agreement and any other applicable terms and conditions promulgated by any third-party processor not affiliated with the Licensor (e.g., Apple Appstore or Google Play) (a “Third-Party Processor”). The Licensor reserves all rights not expressly granted to you herein. You acknowledge and agree that this Agreement is between you and the Licensor, and acknowledge that no Third-Party Processor is a party to this Agreement.
END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement”)
stating the terms and conditions that govern the use
of the application ‘Urbanaut’ (“Licensed
Application”) is a legal agreement between (1) user
of the Licensed Application (“you”, “user”) and (2))
Urbanaut Technologies Pvt. Ltd. (“Licensor”). Please
read this agreement carefully. By purchasing,
downloading, installing and/or using the licensed
application, you are indicating that you agree to be
bound by and comply with the terms and conditions
set forth in this agreement. If you do not agree to
these terms and conditions, do not download, install
and/or use the Licensed Application.
The Licensor may enable access to content, information
and services through the Licensed Application, and as a
condition of your use of the Services (as defined
herein), you agree to be bound by and comply with
updated from time to time, without prior notice, and any
such changes shall be effective as soon as posted. You
regular basis so that you remain aware of the most
current terms and conditions that apply to you. Please
be aware that in order to use the Licensed Application,
you must be above 16 years of age, and the user of a
smart phone device running a compatible version of the
IOS or Android operating system with an active data plan
(2G, 3G or 4G) or other means of accessing the internet
through your phone (such as Wi-Fi).
This Agreement does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You hereby represent that you are in control of the mobile device through which you utilise the Licensed Application and are entitled to use such mobile device for the purpose of availing of the Services. In case this mobile device is owned by another person or uses a number registered in the name of another person, you hereby certify that on behalf of the owner of such mobile device and the registered user of such mobile number, that you are authorised to install, subscribe to and use the Licensed Application on such device and through such number. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates or upgrades, or any part thereof. Any attempt to do so is a violation of the rights of the Licensor, and its affiliates and licensors, as applicable. If you breach this restriction, you may be subject to prosecution and damages. The terms and conditions of the Agreement shall govern any upgrades or updates, provided by the Licensor that replaces and/or supplements the original Licensed Application, unless such upgrade is accompanied by or references a separate license agreement in which case the terms of that license agreement shall govern.
Nature of Services
The Licensed Application is a travel and discovery platform where creative, discerning locals share their insider tips, new discoveries and secret spots with other residents and travelers through the platform (“Services”).
In order to utilise the Licensed Application, you must use a smart phone that runs the compatible versions of the IOS or Android operating system, and must have access to a data plan (2G, 3G or 4G) or other means of accessing the internet through your smart phone (such as Wi-Fi). At the time of subscribing and downloading the Licensed Application, you will be required to furnish accurate information such as your username, name, age, email address, and phone number in order to facilitate the operation of the Licensed Application. Please note that you may be subject to data charges from your telecommunication service provider for using the Licensed Application and that the Licensor is not liable to reimburse you for such data charges.
Use of Data
You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. The Licensor or its affiliates may use this information to improve its products or to provide services or technologies to you. Furthermore, the Licensor may collect certain personally identifiable information in the course of permitting you to use the Licensed Application and for facilitating the Services provided by the Licensed Application. You shall be responsible for ensuring that you provide the Licensor with accurate information, in order to avail of the Services offered by the Licensor. You acknowledge and agree that the Licensor may use this information in any manner consistent with its policies and obligations under applicable law, including without limitation for the purpose of sending marketing material, either in electronic or paper form, to you and other materials relating to the Licensor.
The Licensor and/or its affiliates and/or other third party service providers own all right, title and interest in and to the Licensed Application, including, without limitation, all intellectual and proprietary rights in all illustrations, statements, opinions, views, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) present in the Licensed Application, and, except for the limited license granted to you herein, nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect the Licensor’s, its respective affiliates and/or the respective third parties’ ownership or proprietary rights therein or any other of the Licensor’s, its respective affiliates’ and/or other third party service providers’ information, processes, methodologies, products, goods, services, trademarks or materials, tangible or intangible, in any form and in any medium.
We do not knowingly collect or solicit any information from children below the age of 16 years or knowingly allow such persons to subscribe to our Services. In the event that we learn that we have collected Personal Information from a child below the age of 16 years, we will delete that information as quickly as possible. If you believe that we might have any information from a child below the age of 16 years, please contact us at firstname.lastname@example.org
Third Party Websites
You acknowledge that the content provided on the Licensed Application has been compiled by the Licensor from various sources including from Contributors and external sources. No representation is made or warranty given as to the completeness or accuracy of such information. The content of the Licensed Application may contain typographical errors, incomplete or out of date information. You acknowledge and agree that the Licensor and/or its content providers reserve the right to correct any typographical errors in the content provided on the Licensed Application. By using the Licensed Application, you agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials or content provided on the Licensed Application. The Licensor does not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, third party materials or web sites, or for any other materials, products, or services of third parties hosted in the Licensed Application. Third party materials and links to other web sites are provided in the Licensed Application solely as a convenience to you. Location data, if any, provided by the Licensed Application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor any of their respective content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data, if any displayed in the Licensed Application.
Change of Control
In the event that ownership or control of the Company was to change, your Personal Information may be transferred. If such a transfer results in a material change in the use of your Personal Information, the Company will provide notice about the choices you have to decline to permit such a transfer.
The Licensed Application may in the future include comments sections and other interactive features that allow interaction among users and between users and the Licensor (“Contributed Content”).
In the course of availing of the Services or uploading any post or comment on the Licensed Application, you shall not post any Contributed Content that (i) contains nude, semi-nude, sexually suggestive photos, (ii) tends or is likely to abuse, harass, threaten, impersonate or intimidate other users of the Licensed Application and/or Services, (iii) is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely to use or have access to the Licensed Application and/or Services, or (iv) otherwise violates, is prohibited or restricted by applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of other users of the Licensed Application and/or Services (collectively “Prohibited Content”).
The Licensor reserves the right to cease to provide you with the Services or with access to the Licensed Application, prevent you from accessing the Licensed Application and/or Services, with immediate effect and without notice and liability, for violating these Terms, applicable law, rules or regulations and the reserves the right to remove Prohibited Content which is in violation of these Terms, or is otherwise abusive, illegal or disruptive. The determination of whether any content constitutes Prohibited Content, violates these Terms, or is otherwise abusive illegal or disruptive, is subject to the sole determination of the Licensor.
Third Party Websites
You expressly acknowledge and agree that use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort of the Licensed Application is with you. To the maximum extent permitted by applicable law, the Licensed Application and any Services performed or provided by or in connection with the Licensed Application are provided “as is” and “as available”, with all bugs and faults and without warranty of any kind, and the Licensor, its respective affiliates and other related third parties hereby disclaim all warranties and conditions with respect to the Licensed Application and any services, either express, implied or statutory, including, without limitation, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title and of non-infringement of third party rights. Neither the Licensor, nor any of its respective affiliates or other related third parties warrant that the functions or services contained in, accessed from, performed by, displayed on, linked to/from, or provided by, the Licensed Application will meet your requirements, that the operation of the Licensed Application or services will be uninterrupted or error-free, or that defects in the Licensed Application or services will be corrected. No oral or written information or advice given by the Licensor, its respective affiliates or any of its respective authorized representatives shall create a warranty. Should the Licensed Application or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
Limitations of Liability
To the extent not prohibited by law, in no event shall the Licensor or its respective affiliates and other related third parties be liable for any loss or damage of any kind, whether direct, indirect, incidental, special, exemplary or consequential, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the Licensor or its respective affiliates, and other related third parties have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold the Licensor, its respective affiliates and its respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable legal fees), arising out of or relating to your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and (d) use or alteration of the Licensed Application (or any component thereof) in violation of this Agreement. The Licensor reserves the right to assume the exclusive defence and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with the Licensor upon request.
No Guarantee of Continued Use or Availability
The Licensor and its affiliates and other related third parties reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Licensed Application and/or any Services without notice to you and neither the Licensor, its respective affiliates and other related third parties nor any of their respective licensors shall be liable to you or any third party should they exercise such rights. From time to time, the Licensor may make available updates or upgrades to the Licensed Application via software download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the same source from which the Licensed Application was originally downloaded. Certain functions of the Licensed Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by the Licensor or otherwise.
Change in status to Contributor
In the event the Licensor designates you as a contributor to the Licensed Application (“Contributor”) at a later date (which shall be at the sole and absolute discretion of the Licensor), there may be additional terms and conditions that you will be subject to, and be required to accept to confirm your status as a Contributor to the Licensed Application.
Changes to the Agreement
The Licensor may make changes to this Agreement, at any time and from time to time, by notifying you of the change, including, without limitation, by including notice on the Licensed Application or by other electronic means, and a new copy of this Agreement shall be made available on the Licensed Application. By using the Licensed Application and/or any services after such changes are made to the Agreement, you signify that you agree to be bound by and comply with such changes and the Licensor shall treat your use as acceptance of the changed provisions.
This Agreement is effective until terminated by you or the Licensor. Your rights under the license granted herein shall terminate automatically without notice from the Licensor if you fail to comply with any terms or conditions of this Agreement. Upon termination of this Agreement, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, thereof.
Governing Law and Interpretation
This Agreement and all the policies referenced herein constitute the entire agreement between the Licensor and you concerning the subject matter hereof. This Agreement and the Licensed Application, including any content and information contained therein shall be governed by the laws of the Republic of India and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. No failure or delay by Licensor, its affiliates, other related third parties or licensors to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect. You may not assign your rights under this Agreement without the Licensor’s prior written permission and any attempt by you to do so shall be void. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
You may contact the Licensor at: