PLEASE READ THIS USER APPLICATION SOFTWARE LICENSE AGREEMENT ("LICENSE" OR "AGREEMENT") CAREFULLY BEFORE DOWNLOADING OR USING THE APPLICATION ("APPLICATION") ACCOMPANYING THIS LICENSE. BY DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, TERMS OF USAGE, AND OTHER POLICIES IN RELATION THEREWITH..
PLEASE READ THIS USER APPLICATION SOFTWARE LICENSE AGREEMENT ("LICENSE" OR "AGREEMENT") CAREFULLY BEFORE DOWNLOADING OR USING THE APPLICATION ("APPLICATION") ACCOMPANYING THIS LICENSE. BY DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, TERMS OF USAGE, AND OTHER POLICIES IN RELATION THEREWITH.
This Application is owned by Squid Technologies Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Feltham House, 10 J.N. Heredia Marg, Ballard Pier, Mumbai 400 001, Maharashtra, India (hereinafter referred to as "Squid")
Your use of the Application and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Application including the applicable policies which are incorporated herein by way of reference. By mere use of the Application, You shall be contracting with Squid and these terms and conditions including the policies constitute your binding obligations, with Squid.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural person who has downloaded the Application. The term "We", "Us", "Our", "Squid" shall mean Squid Technologies Private Limited.
When you use the Application, including but not limited to any of the services or functionalities, you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to such usage, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Application following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to download and use the Application.
The License to use the Application is strictly in accordance with the terms and conditions of this License, Terms of Use, and any "usage rules" established by any other third party usage rules or terms of use of any vendor/third party service provider ("Usage Rules"), which are incorporated herein by this reference. The term "Application" shall refer to and consist of the following but not limited thereto: (i) the mobile software application accompanying this License, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other component's; (ii) Any updates, modifications OR enhancements thereto; and (iii) any specific website the Application directs you to via any browser located on a mobile phone or any other mobile device ("Mobile Device").
Use of the Application is available only to persons who are over 18 years of age and are competent to contract. Persons who are "incompetent to contract" including minors, un-discharged insolvents etc. are not eligible to use the Application. If you are a minor i.e. under the age of 18 years, you shall not download as a User of the Application and shall not transact on or use the Application. Squid reserves the right to terminate your License and / or refuse to provide you with access to the Application if it is brought to Squid's notice or if it is discovered that you are under the age of 18 years
We grant You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a single device being mobile in nature ("Mobile Device") owned and controlled by You, and to access and use the Application on such Mobile Device strictly in accordance with the Terms of Use, the License, the Usage Rules, Policies and any service agreement associated with your Mobile Device (collectively "Agreements").
You shall use the Application strictly in accordance with the terms of the Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Squid or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Mobile Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Mobile Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Squid; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of Squid or other intellectual property of Squid in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
In case of non-compliance with rules and regulations, Terms of Use, License terms and conditions, privacy policy and other policies, we shall have the right to immediately terminate your access and use of the Application and remove any non-compliant information.
Squid is not a seller or reseller of any products or services. This Application does not provide a platform for selling, or reselling of any products or services.
The Application is a platform that Users utilize to meet and interact with Service Providers ("Service Provider" being a person or entity with whom a User has pre-contracted, arranged or agreed for services or products ("Services") directly to the absolute exclusion of Squid and to which Squid is not a party), or with other Users for their transactions or interactions. Squid is not and cannot be a party to or control in any manner any transaction amongst and/or between the Users and Service Providers.
For a User to interact with a Service Provider and vice versa, the concerned Service Provider should be registered with Squid and permitted to interact with Users. A User and a Service Provider should have an existing relationship to be able to interact with each other as per our polices, rules and Application functionalities.
You shall be solely responsible and liable should you permit or allow or grant any other person (knowingly or unknowingly) to access or use the Application (including its functionalities) through your Mobile Device where you have installed the Application.
Squid does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of commercial/contractual terms between the Users and Service Providers
Squid does not make any representation or warranty as to specifics of any services proposed to be sold or offered to be sold or purchased by the User from any Service Provider. Squid does not implicitly or explicitly support or endorse the sale or purchase of any Services. Squid accepts no liability for any errors or omissions, whether on behalf of itself or third parties
Squid is not responsible for any non-performance or breach of any contract entered into between Users and Service Providers. Squid cannot and does not guarantee that the concerned Users and/or Service Providers will perform any transaction contracted between themselves. Squid shall not and is not required to mediate or resolve any dispute or disagreement between Users and Service Providers.
Squid does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users or Service Providers. You are advised to independently verify the bona fides of any particular User or Service Provider that you choose to deal with on the Application and use your best judgment in that behalf.
Squid is only providing a platform for communication/interaction and it is agreed that the contract for sale and/or any provisions of any Services shall be a strictly bipartite contract entered directly between the Users and the Service Providers outside of the Application.
Download and usage of the Application is free for Users. Squid reserves the right to charge fees at any point of time. Squid may at its sole discretion introduce new functionalities and modify some or all of the existing functionalities offered on the Application. In such an event Squid reserves the right to introduce fees for the new functionalities offered or amend/introduce fees for existing functionalities, as the case may be. Changes shall be posted on the Application and such changes shall automatically become effective immediately after they are posted on the Application. Unless otherwise stated, all fees for any paid functionalities of the App shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Squid.
You agree, undertake and confirm that in the use of the Application by You: You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right to;(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; ; (c) harms minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains malware, spyware or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation (j) is false, inaccurate or misleading any way; (k) shall create any liability for Us or cause us to incur any costs, claims, or expenses or be penalized in way whatsoever; (l) violates or is in non-compliance of any laws, rules, regulations, policies, code of conduct, generally accepted principles and ethics.
We reserve the right, but have no obligation, to monitor the materials posted on/through the Application. We shall have the right to remove or edit any content that in our sole discretion violates, or is perceived to violate any applicable law or these Terms of Use. You remain solely responsible for the material ("Content") you post and/or transmit via the Application. Such Content posted does not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any Content posted by any User or for any claims, damages or losses resulting from use of such Content. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Service Providers may inform you through the Application of amounts billed or billable for Services rendered/to be rendered by them to you. We may, though not obliged to do so, provide a facility through a third party payment facilitator/aggregator to facilitate your payment to the concerned Service Provider. You have no obligation to make use of such payment facility and may choose to pay the concerned Service Provider directly or through other means. Any use of the aforementioned facility is purely voluntary and solely at your discretion.
You may be charged a service facilitation fee or merchant charges or such by whatsoever name called for payments to certain Service Providers. These fees or charges along with applicable taxes will be in addition to the amounts intended to be paid by you. If you do not agree with the additional fees or charges, do not proceed with the payment and terminate the transaction forthwith. Should you go ahead, you agree to bear the additional fees or charges and applicable taxes. You shall not claim a refund thereof at a later date nor will a refund be made.
While availing any of the payment method/s available on the Application, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (i) Lack of authorization for any transaction/s, or (ii) Exceeding the preset limit mutually agreed by You and between Your Bank/Issuer, or (iii) Any payment issues arising out of the transaction, or (iv) Decline of transaction for any other reason/s whatsoever.
All payments made to a Service Provider by you using any facility through the Application shall compulsorily be in the currency in which you have been billed by the concerned Service Provider.
You have specifically authorized Squid or its service providers to collect, process, facilitate and remit payments electronically to the concerned Service Providers for Services rendered/to be rendered and contracted directly by you from the Service Providers. Your relationship with Squid is on a principal to principal basis and by accepting these Terms of Use you agree that Squid is an independent contractor for all purposes, and does not have control of or liability for the Services.
You understand, accept and agree that the payment facility provided by Squid or the Application is neither a banking nor financial service but Squid is merely a facilitator providing access to a third party's electronic, automated online electronic payment, collection and remittance facility. Further, by providing payment facility, Squid is neither acting as trustees nor acting in a fiduciary capacity with respect to the Services or the payment amounts.
Payment facility is subject to policies, rules and regulations of the third party payment aggregator/facilitator and concerned regulator and also governed by the terms and conditions agreed to between the User and the respective card issuing bank or payment instrument issuing entity.
We do not guarantee nor warrant that access to payment services will be available at all times.
Should you have any disputes as to the amounts billed or paid and/or the Services, Your sole remedy is to approach the concerned Service Provider for redressal. Should you have any dispute regarding a payment transaction, you shall contact Us within 24 hours of such transaction failing which the same shall be considered as final.
Rights to Application: You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated there with are, and shall remain, the property of Squid at all times. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Squid and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted or assigned any intellectual property rights in or to the Application by implication, estoppels or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Squid.
Third Party Software: The Application may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be "open source" or "publically available" software.
Our Marks: You are not authorized to use our trademarks or service marks in any advertising, publicity or in any other commercial manner without our prior written consent, which may be withheld for any or no reason.
Infringement Acknowledgement: You and We acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party's intellectual property rights, You (and not Company) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Squid in writing of such a claim.
Restriction on Transfer: You shall not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect
Consent to Use Information: You hereby authorize and consent to the collection, storage and use, by Squid and its affiliates, partners and agents, of any information and data related to or derived from your use of the Application, and any information or data that you provide to us and our affiliates, and partners or received from Service Providers ("Information").
You may be required to give personally identifiable information like you name, email, address etc prior to commencement of use of the Application. This is necessary to allow us to match you with your concerned Service Provider and vice versa. You not sharing such information may result in your inability to use any or all of the functionalities of the Application.
Please read the Privacy Policy (provided separately) concerning collection and use of the Information which is incorporated herein by reference.
We reserve the right to change the provisions of the Privacy Policy at any time and from time to time at our sole discretion. Your use of the Application following changes to the Privacy Policy will constitute your acceptance of any such changes.
You acknowledge that the Application may permit access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by third parties like advertisers, content partners, marketing agents, vendors etc ("Third Party Content"). Your access to and use of the Third Party Content is at Your sole discretion and risk, and We (includes affiliates, partners, suppliers and licensors) shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content.
Your access to Third Party Content shall be governed by and may require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein which may change without prior notice and at the sole discretion of such third party. You assume all risks arising out of or resulting from your transactions with any third party from your accessing Third Party Content, and you agree that we are not and shall not be responsible or liable for any such loss arising therefrom.
You understand that by accessing and using the Third Party Content, You may encounter information, materials and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the Third Party Content at Your sole risk and that we (includes affiliates, partners, suppliers and licensors) shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
Squid hereby disclaims any representation, warranty or guaranty regarding the Third Party Content, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content.
Term: This License shall be effective until terminated.
Termination: Squid may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License (including Terms of Usage and other Policies), then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Squid. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.
DISCLAIMER OF WARRANTIES: YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN "AS IS", "WITH FAULTS", AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. SQUID AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, SQUID AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SQUID OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT SQUID SHALL HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL SQUID OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SQUID WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF INDIAN RUPEES ONE HUNDRED ONLY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification: You shall indemnify, defend and hold harmless Squid and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees ("Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License or Terms of Use or various Policies; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.
Compatibility:: Company does not warrant that the Application will be compatible or interoperable with Your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent damage to Your Mobile Device, loss of the data located on Your Mobile Device, and corruption of the software and files located on Your Mobile Device. You acknowledge and agree that Squid and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
Product Claims:You acknowledge that you (not Squid) are responsible for addressing any third party claims relating to your use or possession of the Application, and agree to notify Squid of any third party claims relating to the Application of which you become aware. Furthermore, you hereby release Squid from any liability resulting from your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
Applicable Law: This License, and Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively with the Courts in Mumbai.
Severability:If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
Waiver: Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
Modification or Amendment: We may modify or amend these terms at any time without prior notice. It is your responsibility to review changes periodically for updates. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Application following the date of posting.
Survival: The sections of this License and any other provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination
Assignment: Except as permitted hereinabove, You shall not assign this License or any rights or obligations herein without the prior written consent of Squid and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
Entire Agreement: This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
Please contact us for any questions, comments or grievances regarding this Application The name and contact details of the Grievance Officer are provided below:
MR. PRAVIN FEGADE
SQUID TECHNOLOGIES PRIVATE LIMITED
Maharashtra, India
Phone: +91 - 22 - 2261 8100
Email: grievance.officer@squidtechnologies.net