Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE COMPLETE UNDERSTANDING OF ALL PROVISIONS IN THE AFORESAID DOCUMENT. THIS AGREEMENT CONTAINS A PROVISION FOR ARBITRATION OF DISPUTES THAT REQUIRES THE USE OF SOLE ARBITRATION ON THE BASIS TO RESOLVE DISPUTES, RATHER THAN A LITIGATION SUIT. BY USING THE SERVICE, YOU INDICATE YOUR CONSENT TO THIS AGREEMENT.

DISCLAIMER

 

PLEASE READ THE DISCLAIMER CAREFULLY TO ENSURE COMPLETE UNDERSTANDING OF ALL PROVISIONS MENTIONED HEREIN.

CHILDREN OF THE AGES OF 13 AND BELOW ARE NOT PERMITTED TO USE THE APPLICATION. ANY INDIVIDUAL FOUND MISREPRESENTING THEIR AGE SHALL HEREBY BY VIRTUE OF THEIR ACTIONS INDEMNIFY THE COMPANY AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, FINES, PENALTIES AND COSTS ARISING FROM OR RELATING TO THE USE OF APPLICATION AND ANY PROVISION OF THE AGREEMENT MENTIONED HEREIN

 

 

ANY INDIVIDUAL BELOW OF THE AGES OF 13 AND BELOW SHALL BE GRANTED SPECIAL PERMISSION FROM THE COMPANY AND THE PARENTAL AUTHORITY BY THE MEANS OF A PARENT CONSENT FORM WHICH IS AVAILABLE ON THE COMPANY’S WEBSITE AND SHALL BE SUBJECT TO CERTAIN RESTRICTIONS AS MENTIONED IN THE COMPANY’S PRIVACY POLICY.

The Location App website and online service are owned by Seven3Rockers.Pvt. Ltd (“Company,” “we,” or “our”). This page refers to the terms by which users will be able to use our online and/or mobile services, web site, and software provided (collectively the “Service”).” By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Location App, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“User” or “Users”).

1. Use of the Service

A. Eligibility

Users shall be permitted the use of the aforesaid Service only if they can comply with the binding contract with Company and only incompliance with this Agreement and all applicable local, state, national, and international in keeping with all the appropriate laws and regulations. Users of the age of 13 and below are strictly prohibited from creating an account for the Service. In addition, users of the ages of 13 and below may only accept invitations from parents / legal guardians to join their account. The Service is not available to any Users previously removed from the Service by us.

B. Service Rules

Users must agree not to engage in any of the following prohibited activities:

  1. Copying, distributing, or disclosing any or all part(s) of the aforesaid Service via any or all medium(s), including without any limitation by any and all automated or non-automated “scraping”;”
  2. Using of any such known or unknown third party automated system(s), including without any limitation “robots,” “spiders,” “offline readers,” etc., to access the aforementioned Service in a manner that may send more request messages to the servers of the company than a regular human can produce reasonably in a similar timeframe by using a conventional on-line web browser;
  3. Transmitting any of the following such as spam, chain letters, or other unsolicited emails;
  4. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
  5. Taking any such action that may impose at the company’s sole prudence as an unreasonable or inexplicably large load on the company’s infrastructure;
  6. Uploading the following: invalid data, viruses, worms, or other software agents through the Service;
  7. Collecting and or harvesting any personally identifiable information, including account names, from the aforesaid Service;
  8. Using the aforesaid Service for any commercial solicitation purposes;”
  9. Impersonating another person or otherwise misrepresenting affiliation with a person or entity, conducting fraud, hiding or attempting to hide the users true identity;
  10. Interfering in a manner such as to hinder the proper working of the Service;
  11. Accessing any and all content on the aforementioned Service through any third party technology or means other than those which have been provided for or authorized by the Service; or
  12. Enabling any such bypassing measures the company may use to prevent or restrict access to the Service, including without any limitation features that shall prevent or restrict the use and or copying of any content or”

C. Account Information

Users are able to establish accounts with the service that grant access to the service and functionality that the company may establish from time to time and in the company’s sole discretion. Users may never use other User’s account without permission. While creating the user account, users must provide accurate and complete information. The user is solely responsible for the activity that occurs on their account, and users are advised to keep their account password secure. Users are encouraged to use “strong” passwords preferably alphanumeric passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with their account in order to maintain the security and integrity of their personal information.

The user must notify us immediately of any breach of security or unauthorized use of their account. The company will not be liable for any losses caused by any unauthorized use of the account.

D.  License of Use

As per the aforementioned terms and conditions of this Agreement, the user is hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for their personal, non-commercial use only and as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). The company may terminate this license at any time for any reason or no reason.

2. Service Availability and the Company’s Right to Terminate

The company without prior notice may change the aforesaid Service; or may stop providing any particular feature of the Service, to all or any Users generally; or create usage limits for the Service. The Company may decide upon its discretion to permanently or temporarily cease or suspend access to the Service without any prior notice and liability for any reason, including if in its sole discretion find the user violating any of the aforesaid provisions of the Agreement. Upon termination, for any reason, the user may continue to be obligated by this Agreement. The user is responsible for all the mobile data usage resulting from the use of Service. Users are requested to consult their mobile operator concerning their plan, data rate charges and limits. Users shall be solely responsible for their interactions with other Users. The company shall reserve its rights and have no obligations, to monitor any such disputes that may occur at any point in time between the concerned Users. The Company shall have no liability with regard to their interactions with other Users, or for with regard to any User’s action or inaction.

3. User Content

In the aforesaid agreement, the Service shall allow its users to post content such as profile information, comments, questions, and other content or information (any such content a User submits, posts, displays, creates, or affirmatively chooses to make available on the Service is “User Content”). User Content does not include information about their phone or any other device. The company claims no ownership rights over User Content created by the user. The content created by the user remains theirs; however, by sharing User Content through the Service, the users shall inherently agree to the User Content License Grant below, and to allow others to view, edit, and/or share User Content in accordance with the preferential settings and this Agreement. The company shall reserve its right yet have no obligation to do in its sole discretion to remove any User Content that is shared via the Service.

The users agree not to post or transmit User Content that:

 

 

 

  1. May result in causing or creating a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to the user or to any such other person,”
  2. May cause or seek to create a harm or exploit children by posting any content with the intention of exposing children to inappropriate content, asking for any personally identifiable details or otherwise;
  3. May constitute or contribute to a crime or civil suit;
  4. Content which may contain any such information that the company may deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive on any personal privacy or publicity rights, distressing, humiliating to other people (publicly or otherwise), that may be construed as libelous, threatening, profane, or otherwise objectionable;
  5. Any content or information that can be considered as illegal (including, without any limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
  6. Any information or content that may be known to the user which they do not have a right to make available under any law or under contractual or fiduciary relationships;
  7. Any information or content that can be considered as incorrect and current;
  8. Any content or information that violates any school or other applicable policy, including those that shall be related to cheating or ethics;
  9. Any such content that shall or may interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity
  10. Except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements).
  11. The user hereby agrees that any employment or other relationship formed or attempted on being formed with an employer, employee, or contractor whom the user contacts through areas of the Service that may be designated for that purpose is between that user and that of the employer, employee, or contractor alone, and not with the company.
  12. Users may not copy or use personal identifying or business contact information about other Users without their permission.
  13. The Users by the virtue of this agreement do hereby agree that any User Content that is posted by the user shall not violate third-party rights of any kind, without any limitation on any Intellectual Property Rights (as defined below) or rights of privacy. The Company shall reserve its rights and shall not be obligated to reject and/or remove any User Content that the Company believes, in its sole discretion, violates any or all these provisions.

For the purpose of this aforementioned Agreement, “Intellectual Property Rights” means all copyright rights, patent rights, rights of publicity, moral rights, mask work rights, trademark, trade dress and trade secret rights, goodwill, service mark rights and other intellectual property rights as may exist in the present or hereafter that shall come into existence, any and all applications therefore and registrations, renewals and extensions created thereof, under the tenets of all laws and regulations that shall be applicable with the territorial jurisdiction of India and the Government of India.

In connection with User Content, the user shall affirm, represent and warrant the following:

A. The user by the virtue of the aforementioned agreement does hereby agree to the fact that he/she has the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person or legal entity has released the concerned user from all or any liability that may arise in relation to such use.

B. The User Content and the Company’s use thereof as contemplated by this Agreement and the Service will not at any point in time violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. The Company shall reserve its right and shall undertake no responsibility and assumes no liability for any User Content that the user or any other person or third party or legal entity posts or sends over the aforesaid Service.

C. The user shall be solely and completely responsible for the User Content and the consequences of posting or publishing it, and the user agrees that the company is are only acting as a passive conduit for their online distribution and publication of the User Content.

D. The user undertakes to agree that in the event that he/she may be exposed to User Content that can be defined as at the sole discretion of the Company as, inappropriate for children, objectionable, inaccurate, or otherwise unsuited to their purpose, and do agree that Company shall not be held liable for any damages alleged or shall be incurred as a result of User Content.

4. User Content License Grant

The user hereby inherently agrees to expressly grant the company a royalty-free, transferable, perpetual, irrevocable, non-exclusive, license to use and translate User Content on the Service, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the aforementioned Service and for the company’s commercial, marketing and other purposes.

5. Mobile Software

A. Android Software

As part of the aforementioned Service, the Company shall make available software and/or applications designed for mobile devices (“Mobile Software”). The use of the said Mobile Software shall be applicable to those users that have a mobile device that is compatible with the Mobile Software. The Company makes no claim that the aforementioned Mobile Software will be compatible with the user’s mobile device. The Company by the virtue of the agreement hereby grants the user a non-exclusive, non-transferable, revocable license that shall allow for the use a compiled code copy of the Mobile Software for one the Company account owned or leased solely by the user, for personal use only. The user under this agreement will not :

  1. The user shall not be permitted to modify, decompile, disassemble, reverse engineer the concerned Mobile Software, except to the extent that such restriction is expressly prohibited by law;
  2. The user shall not be permitted to rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or a similar service for any third party;
  3. The user shall not be permitted to make any copies of the Mobile Software;
  4. The user shall not be permitted to attempt the following: to remove, circumvent, disable, damage or otherwise interfere with security-related features of the aforementioned Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
  5. The user by the virtue of this agreement shall not delete the copyright and other proprietary rights notices on the concerned Mobile Software. The user shall hereby further acknowledge that the Company may from time to time issue upgraded versions of the concerned Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that the user is using on their mobile device. The user consents to allow such automatic upgrading on their mobile device, and agree that the terms and conditions of the aforementioned Agreement will apply to any and all such upgrades now and in the future to come. Any third-party code that may be incorporated in the concerned Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
  6. Any attempt made by the user to transfer any of the corresponding rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Company by the virtue of this agreement reserves all its rights not to expressly grant under this Agreement.

B. iTunes.

The following applies to any Mobile Software acquire from the iTunes Store (“iTunes-Sourced Software”) by the user. The User hereby acknowledges and agrees to the following:

  1. This Agreement is solely between Company and the user, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof.
  2. The use of the iTunes-Sourced Software by the user must comply with the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software; to the maximum extent permitted by applicable law,
  4. Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software.
  5. Apple is not responsible for addressing any claims of the user or any third party relating to the iTunes-Sourced Software or their possession and/or use of the iTunes-Sourced Software, including, but not limited to:
  • Product liability claims;
  • Any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and
  • Claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software.
  • In the event of any third party claim that the iTunes-Sourced Software or the user’s possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
  • The Company and the user acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to the user’s license of the iTunes-Sourced Software, and that, upon their acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to their license of the iTunes-Sourced Software against the user as a third party beneficiary thereof. 

6. Communications with the User

By providing the Company with the user mail address the user hereby is permitting the company to use the aforementioned personal email address to send Service-related notices, that shall include any such notice that maybe required by law at any point in time, from time to time, in lieu of communication by postal mail. The company may also use the email address as a means to send the user informatory messages, with regard to the changes made in the application and introduction of new features to the Service and special offers.

7. The Company’s Proprietary Rights

Except for the User’s Content, the Service and all materials and information therein or transferred thereby, including, without any limitation, information about the user’s phone or device, or data that is otherwise generated, collected or transmitted through use of the Service or the aforementioned Mobile Software, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all its aforementioned Intellectual Property Rights related thereof, are the exclusive property of Company. Except that which that has been explicitly provided in the agreement herein, nothing in this Agreement shall be deemed to permit the creation of a license in or under any such aforementioned Intellectual Property Rights, and the user by the virtue of this agreement agrees not to sell, rent, license, modify, copy, reproduce distribute, transmit, publicly perform or display, adapt or publish, edit or create any derivative works from any of the aforementioned Company Content. The use of the Company Content for any purpose shall not be expressly permitted by this Agreement is strictly prohibited.

The user may choose to or the company may invite for a formal feedback about the Service, including without limitation to aid in the further improvement of the Service or the company’s products (“Ideas”). By submitting any Idea, the user by the virtue of this agreement shall inherently agree that the disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that the company is free to use the Idea without any additional compensation to the concerned user, and/or to disclose the Idea on an inherent non-confidential basis or otherwise to anyone. It is further acknowledged that, by the inherent acceptance of the aforesaid submission, The Company does not waive any rights to use similar or related ideas previously known to The Company, or developed by its employees, or obtained from sources other than the concerned user.

8. Location Information Features.

The service requires features that are designed to collect and share location information, of the user and other individuals who use the Service. The aforesaid features require the corresponding Mobile Software to be installed on the device for which location data will be provided, and the features may not work if the corresponding settings to allow the required collection and sharing of information and location information has not been enabled by the user. In addition, the features may not work for a variety of reasons, such as if the device that the Mobile Software is installed on is not powered on and connected to the wireless service provider’s network (e.g., it will not work if the phone is connected to a Wi-Fi network), if location services are turned off, if the Service is not being used or is blocked on the device, etc.

If the user agrees to use features designed to collect and share location information, the Service will periodically access and collect information about the device and location (such information will be Company Content under this Agreement). By using the features designed to collect and share information, the user represents and warrants that he/she has consented, to use the service and to allow it to access and collect such information. 

9. Additional Policies and Information

This section contains additional policies and information about the Service and Service features including geographic coverage information.

A. Geographic Coverage.

The Service is designed for residents of India within the territorial boundary of India, though some features of the Service may not work outside the wireless service coverage area for the phone that the Mobile Software is installed on.

B. Battery Usage

Use of the Service or Service features that require the use of Mobile Software may use a significant amount of power from the battery of any device that the Mobile Software is installed on. The user may wish to limit the use of these or other services on the device to the times when they are necessary, or where possible, the user is advised to keep the phone plugged into a power source.

10. Deletion Account

The user may cancel the Subscription Features at any time. To cancel the Subscription Features, email support@thelocationapp.com.the user is requested to send an email, including the following details the name, the registered email address with, and the registered phone number. The account will be cancelled within 5 business days of the cancelation request.

11. No Professional Advice

If the Service provides professional information (e.g. medical or legal), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. The user is advised to seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

12. Privacy

We here at The Location App strive to protect the company’s user’s privacy. The Company’s Privacy Policy governs the use, management and storage of sensitive personal information as defined by the applicable laws namely The Information Technology Act, 2000, as applicable with relevant amendments as on date and any other applicable rules, regulations framed under (“User Information”) that is collected through the application. This information that is collected by the company’s mobile and website (“Service”) is protected, including the user’s choice regarding the collection and further use of the information.

13. Security

The Company’s initiative at The Location App is to not only help to ensure the safety of all our users but also ensuring that their privacy is secured. The Location App ensures the security of all user information and uses reasonable steps to ensure physical, administrative, and technological safeguards to protect all the user information that is collected and shared with our service providers. However, no security system is impassable and can guarantee a 100% security of user information. In the event that any information under the control of the application is compromised as a result of a violation of security, the reasonable steps will be taken, to look into the situation and where required, notify those individuals whose information may have been undermined and take the required measure, in accordance with any applicable laws and regulations.

For further information please refer to our Privacy Policy for any other queries contact us at support@thelocationapp.com

14. Third-Party Links

The Service may contain links to third-party websites; The Company does not endorse or assume any responsibility for any such third-party sites, . If the user accesses a third party website from the Service, the user hereby does so at their own risk, and understands that this Agreement and Company’s Privacy Policy do not apply to the use of such sites. The user herein expressly relieves the Company from any and all liability arising from the use of any third-party website, or content.

15. Indemnity

The user agrees to defend, indemnify and hold the Company harmless and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. The use of and access to the Service, including any data or content transmitted or received by the user;
  2. The violation of any term of this Agreement, including without limitation in case the user breaches any of the representations and warranties herein;
  3. The violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
  4. The violation of any applicable law, rule or regulation;
  5. Any claim or damages that arise as a result of any of the User Content or any User Content or other information that is submitted via the user’s account; or
  6. Any other party’s access and use of the Service with the concerned user’s unique username, password or other appropriate security code.

16. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT THE USER’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT:

  1. THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CORRECT;
  1. THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL MEET THE USER’S REQUIREMENTS;
  1. THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE;
  2. ANY DEFECTS OR ERRORS WILL BE CORRECTED;
  1. THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT THE USER’S OWN RISK THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE OF THE SERVICE.

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR ACCOUNT OR THE INFORMATION CONTAINED THEREIN OF THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE FOLLOWING:

  1. ANY ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE
  2. PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO OR USE OF THE COMPANY’S SERVICE BY THE USER;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE COMPANY’S SERVICE BY ANY THIRD PARTY;
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE;
  7. USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR
  8. ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian Laws and local laws and regulations, including but not limited to export and import regulations. The user may not use the Service if he/she is a resident of a country embargoed by the Indian Government, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India

18. Governing Law and Arbitration

Governing Law.

The User agrees that:

(i) the Service shall be deemed solely based in India; and

(ii) the aforementioned Service shall be deemed as a passive one that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than India;

(iii) . This Agreement shall be governed by the internal substantive laws and regulations of India;

(iv) In the case of any dispute in arising out of, involving or relating to, or in connection with, agreement as recorded in this agreement, or in the interpretation of any provisions of the agreement, parties shall attempt to first resolve such Dispute or claim through discussions. The Parties agree that if the Dispute cannot be resolved by mutual consent the following resolution procedure shall be used to settle the matter.

(v) (ii) Mediation: If the Dispute cannot be resolved within thirty (30) days by mutual discussions.

(vi) Arbitration: In the event that the parties are unable to resolve their disputes by mediation as contemplated above, then a Party shall be entitled to refer the Dispute to arbitration by a Sole Arbitrator. The arbitration shall be conducted under the aegis of the Delhi International Arbitration Centre, at New Delhi, under its Rules.

(vii) Confidentiality: No Party or Person involved in any way in the creation, coordination or operation of any Dispute may disclose the existence, content or results of the dispute or any arbitration or mediation conducted under the agreement in relation to that dispute, and in each case, subject to those disclosures as required (No Publicity or Communication) and only to that extent as required to enforce the arbitration agreement and / or any award made pursuant to this agreement.

(viii) All disputes arising from any provision of the agreement shall be governed and construed in accordance with the laws of India.

(ix) Subject to the arbitration provisions referred to above, the ordinary courts of Delhi, to the exclusion of all other courts in India, shall have the exclusive jurisdiction.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS THE COMPANY AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THE USER INHERENTLY AGREES THAT, BY ENTERING INTO THIS AGREEMENT, THAT THE USER AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A CIVIL SUIT OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

19. General

A. Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by the user but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to the Agreement.

The Company reserves the right to change or to modify any of the terms or any policy or guideline of the site or the services, at any time and in its sole discretion. Any changes or modification to the company’s terms and conditions shall be uploaded on the company’s website with immediate effect. The company requests its users to review the agreement from time to time.

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C. Entire Agreement/Severability.

This Agreement, together with any amendments and any additional agreements the user may enter into with Company in connection with the Service, shall constitute the entire agreement between the Company concerning the Service and the user. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

D. No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. Contact.

Please contact us admin@thelocationapp.com with any questions regarding this Agreement.

This Agreement was last modified on June 29, 2018.