Terms of Use
These Terms of Use (“Terms of Use”) is a contract between you (the “Customer” or “You”) and DESERT CAT CLUB RETAIL PRIVATE LIMITED (hereinafter referred to as the “Company”).
By clicking “I Agree” or ‘Allow’ (by providing necessary access in order to use the mobile application), You agree to be bound by these Terms of Use in respect of accessing the Platform and using the Features
DEFINITIONS
“Access Credentials” shall mean password or other authentication credentials, including one-time password used by the Customer to access the Platform;
“Company Content” means Content that is made available by the Company;
“Content” means text, graphics, photographs, audio, video or other content including any information and data;
“Customer Content” means Content that is transmitted, uploaded or stored on the Platform by the Customer in relation to the Content that is collected, retrieved and processed by the Platform at the request of the Customer;
“Intellectual Property Rights” shall mean all the following, worldwide: (a) copyrights, including registrations and applications for registration thereof; (b) computer software programs, data and documentation, supporting materials; (c) patents, patent applications and all related continuations, divisional, reissue, design patents, applications and registrations thereof; (d) trademarks, trademarks applications, domain names, trade secrets, including without limitation, know-how, techniques, designs, prototypes, enhancements, improvements, work-in progress, research and development information;
“Party” shall mean individually Company or the Customer;
“Parties” shall mean Company and the Customer, collectively;
“Platform” means the web-based software application, and/or mobile applications (both android and IoS) owned and operated by the Company, from time to time; and
“Product” means the products provided to the Customer through the Platform.
FEATURES
The Customer shall be responsible for the Customer Content, even if Customer is not the creatorof the material comprised in such Content.
The Customer is responsible for obtaining all necessary consents from relevant authorities in, and must observe the applicable laws of, any country from where the Features are accessed and used.
The Customer will take sole responsibility for the confidential safe-keeping of Customer’s account information including the Access Credentials. The Customer also agrees to take responsibility for all activities done on the Platform through the Customer’s account. If theCustomer believes or have reasons to believe that Access Credential is no longer confidential, then the Customer may reset the Access Credentials through the Platform or reach out to customer support of the Company as required.
For the limited purposes of these Terms of Use, the Customer grants to the Company a limited, non-exclusive, worldwide, non-transferable license to store, reproduce and publish the Customer Content on the Platform as per the terms of this Agreement.
For the purposes of utilizing the Features, the Customer may choose to authorize the Platform to collect, retrieve, analyse, process, store and transmit such information that may be required by the Company. The Customer acknowledges that such Customer Content is being collected, retrieved, processed, analysed, stored and transmitted only for the purposes of enabling theCustomer for the purposes of these Terms of Use.
In respect of the Content set out in Clause 2.4 above, the Customer grants to the Company a limited, non-exclusive, worldwide, license to use the resultant data obtained from the analysis/processing of such Content.
The Company reserves the right, from time to time, to change the configuration of the Platform including Company Content, provided always that such change does not materially affect the access to the Platform.
ROLE OF THE COMPANY
The Platform owned and operated by the Company enables You use the Platform and the Features.
You agree, understand and acknowledge that You are accessing the Platform and transactingat Your own risk and are using Your best and prudent judgment before entering into anytransactions through the Platform.
THIRD PARTY LINKS
You may be provided with links on the Platform that direct You to third party websites or applications or content, including advertisers (collectively “Third Party Links”). We do not endorse any Third Party Links that You may be directed to from the Platform. Your access to such Third Party Links shall be subject to the terms of use of such Third Party Links, and You shall access such ThirdParty Links at Your sole discretion and by accessing You assume sole responsibility for any and all losses and liabilities arising from such access. The Company shall not be responsible for any loss, damage, liabilities or claims resulting from Your access to or the use of the services provided by the Third Party Links
SUSPENSION OF ACCESS
The Company may suspend access provided to the Customer under these Terms of Use any time, if (i) the Company suspects unauthorized access to the Customer’s account maintained on the Platform; or (ii) the Customer requests suspension of access; or (iii) for maintenance of the Platform.
We may suspend or terminate Your access to the Platform, without any prior notice to You, upon receipt of any notice or communication from any governmental authority, self-regulatory agency or any other person that You have violated these Terms of Use or any other provision of applicable laws or regulations and standards prescribed by the self-regulatory agency in connection with the use of the Platform or the Features.
PRIVACY POLICY
The Company may collect various personal information from the Customer when the Customer uses the Platform and or the features provided by the Platform.
Company’s Privacy Policy regarding the collection, storage, use, transfer, and protection of any such personal information is available here.
The Customer consents to such collection and agrees that the Company may disclose such personal information in accordance with applicable law.
INTELLECTUAL PROPERTY RIGHTS
All rights, title, and interest in and to the Platform including Company Content and all Intellectual Property Rights relating thereto will remain with the Company.
Company grants to the Customer, a limited, non-exclusive, worldwide, non-transferable license to access and use the Platform in connection with using the Features and to upload Customer
Content and modify from time to time strictly in accordance with the terms and conditions contained herein.
Other than the rights expressly granted hereunder to the Customer, no other rights or interest whatsoever in the Platform or the Features, and any component thereof, are transferred or granted to the Customer including any intellectual property rights in the Platform. Without limiting the foregoing, Customer may not: (i) use the Platform for purposes other than as set out in these Terms of Use; (ii) reverse engineer or de-compile, modify or revise the Platform, or any part thereof, or create derivative works thereof without the prior written consent of the Company.
The Company name and logo are trademarks of the Company. All other logos and marks of other organizations that appear on the Platform are trademarks of the respective owners.
If there is any claim raised by any third party in any manner against the Customer in relation to use of the Platform, then the Company shall, in such order of preference or at the discretion of the Company either (i) rectify the infringing portion to ensure that there is no continued infringement OR (ii) replace the infringing part with an alternative solution OR (iii) procure the rights to cure such infringement. The aforementioned recourse shall be the sole recourse of the Customer for any third party claims.
INDEMNITY
Customer agrees to indemnify and hold harmless the Company, the Company’s affiliates, and each of their respective officers, directors, attorneys, agents, and employees from
and against any and all claims, liabilities, obligations, losses, damages, penalties, fines, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys’ fees) arising from breach of these Terms of Use or violation of applicable laws by Customer.
WARRANTY
The Company does not warrant or represent that the access to the Platform will be uninterrupted, error-free, or completely secure. The Customer acknowledges that there are risks inherent in operating conditions, third party software components and other reasons beyond the control of the Company, that could result in the loss of Content and confidentiality of the Customer Content.
To the extent permitted by applicable law, the Company disclaims all warranties not expressly stated in these Terms of Use including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You hereby represent and warrant that you have the authority to accept these Terms of Use on behalf of the proprietorship/partnership/company/limited liability partnership you represent, and these Terms of Use will be binding on such entity/business upon acceptance.
GOVERNING LAW, JURISDICTION
These Terms of Use shall be governed by the laws of India and Courts at Bangalore shall have exclusive jurisdiction to determine any dispute or controversy arising under these Terms of Use.
AMENDMENTS
The Company reserves the right to modify these Terms of Use without the Customer’s consent.
modifications at the bottom of these Terms of Use. The Customer expressly agree and acknowledge that publication of amendments to the Terms of Use in the Platform is sufficient communication to the Customer. If the Customer continue to use the Platform after information regarding the modifications is published, Customer shall be deemed to have accepted the revised Terms of Use.