- This document (“Terms And Conditions” or “Terms”) is an electronic record in the form of an electronic contract and does not require any physical, electronic or digital signature. These Terms And Conditions are legally binding documents between you the user and BEON DES TECH SYSTEMS PVT.LTD. (both terms as defined below). These Terms And Conditions will be effective upon acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and ‘BEON DES TECH SYSTEMS PVT.LTD.’, ‘AYA’ and ‘As You Are’ for the use of the Software.
- These Terms and conditions located at the URL www.asyouare.in/terms-of-service, is between ‘BEON DES TECH SYSTEMS PVT.LTD.’, a company with its registered office at Plot No. 66 Phase Industrial Area Panchkula Haryana 134113 (hereinafter referred to as “‘BEON SYSTEMS’ or “AYA” ‘As You Are’ ” or “We” or “Us” or “Our”) and the guest users or registered users of the Software (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which we offer You access to the Website, the Mobile Application and such other services as are incidental and ancillary thereto (“Services”, “Software”).
- PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. BY USING THE PORTAL, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE PORTAL.
- You must be aged 18 or over or the age of majority in the country in which you reside to accept these Terms to access and use the Portal. The Services are not available to minors under the age of eighteen (18) or to any users suspended or removed from the Software by the company for any reason whatsoever. By continuing using the Portal you represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding with the terms as mentioned above, if You are below the legal contractual age i.e. eighteen (18) years, please read through these Terms and conditions with your parent or legal guardian, and in such a case these Terms and conditions shall be deemed to be a contract between Us and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
- We’re not responsible for anything that you post or say on the Portal, and we do not actively monitor content. We may delete any content which we consider in our discretion breaches these Terms.
2. In case of any conflict, in the following:
- If at any given point of time the Portal adds an additional term and/ or a condition as an addendum to this document then the former document shall take precedence, but only to the extent of the clauses mentioned in such addendum.
- between these Terms and any other notices, disclaimers or guidelines appearing on the Portal, these Terms shall take precedence but only to the extent of the conflict.
3. REGISTRATION, YOUR ACCOUNT AND EMAILS
- Why? Depending on the particular functionality of the Portal at any time, you may need to register to use its functionality or to access much of our Services. If you do register, we allow you to create Your account in which information is stored about you (called your “Account”) and the act of creating an Account is known as “Registering” or “Registration”. However, you must Register in order to use the Services so provided at the Portal. Your Account on our Portal allows us to provide you better facilities and Services including but not limited to providing you with easy access to information about you, your use of the Services, your past behaviour on the Portal. We reserve the right to decline a new Registration or to cancel an Account at any time. We reserve the right to terminate or suspend any Account, or to make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses) at any time and without the need to give you prior notice.
A selfie for the terms of this agreement would mean a photograph that one has taken of oneself, typically one taken with a smartphone.
- Passwords: During Registration, you will also need to supply us a password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in an event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Portal. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
- Valid email addresses:It is mandatory that all Accounts be registered with a valid personal email address that is accessed by You regularly. Any Accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if and when it is so required.
- Emails: We may send administrative and promotional emails. We may also send you information regarding your Account activity, Your subscription plan and purchases, as well as updates about our Services or other promotional offers. We may also send you information regarding purchases you’ve made. (You can opt-out of our promotional emails at any time by clicking the unsubscribe link at the bottom of any of such email correspondence).
- Third party login:We may allow you to register or otherwise use the Services through third party login services (such as Facebook or your Google account). If you choose to login or register through such third party services, you agree to the terms and conditions of all such third party services. You acknowledge that the use of third party services to login or register for the Services may provide us with access to certain information and data that you have provided to such third party service, and you expressly agree to our use of such data or information.
- Verification: upon receipt of request for creation of Your account Our team shall verify the details and photograph so provided at the time of registration using one time password (OTP) based mobile number verification and in case the AYA verification team feels the need to, shall ask for KYC verification from You. Such KYC verification shall include any address and birth proof i.e. Adhaar Card, Driving License or a valid passport.
4. CHANGES TO THE SOFTWARE
The Software is currently made available to you free of charge for both personal and commercial use. We reserve the right, in our sole discretion, without any notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to:
- modify, suspend, terminate, withdraw, or discontinue all or any part of the services provided through the Software without compensation of any kind whether monetary or not to you, including, but not limited to:
- charge a fee for usage of the Software;
- charge fees for upgrades to the Software;
- modify or waive any fees charged in connection with all or any part of the Software; or
- offer opportunities to some or all users of all or any part of the Software.
You agree that neither AYA nor any of its affiliates, shall be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Software, in whole or in part, or of any service, content, or feature offered through the Software.
5. RIGHTS TO USE THE SERVICE
Subject to these Terms, We grant you a limited, non-transferable, non-sublicensable, non-exclusive and revocable license to
5.1. access and use the Services for your personal, non-commercial use only; and
5.2. print a reasonable number of such pages for your personal, non-commercial use only. Your access to and use of the Services must further comply in all material respects with any instructions and guidelines (“Guidelines”) posted on the Portal(s) and/or communicated through it.
5.3. Subject to your compliance with these Terms in all material respects, we further grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software(s), in machine executable object code form only, on a single compatible personal mobile device that you own and control, solely for personal, non-commercial purposes. We may make the Software(s) available for download through the iTunes App Store at https://itunes.apple.com, the Google Play Store at https://play.google.com/store/apps, or other third party app stores (each, an “App Store”). Your license to any App(s) is also governed by the applicable terms of service, policies and procedures of the App Store through which you download the Software(s) (the “App Store Terms”). These Terms amend and supplement the applicable App Store Terms and to the extent that these Terms contradict or are inconsistent with the applicable App Store Terms, these Terms control and prevail. You are authorized to download the Software(s) solely via the App Stores, if any, through which we make them available for download. You acknowledge that by downloading an Software(s) via an App Store, you are subject to the applicable App Store Terms.
5.4. We reserve the right to terminate or suspend your license to use all or any portion of the Service and your other rights under these Terms at any time and for any reason, including, but not limited to, violation of these Terms, the Guidelines and/or any applicable App Store Terms. Upon such termination, all license and other rights granted to you under these Terms will immediately terminate, but all other provisions of these Terms will survive termination. You will immediately cease all use of the Service and any associated account(s) with us and remove and destroy all copies of the Software(s) from your mobile devices. We may further bar access to the Service and your account(s) and delete any and all information associated with your account(s).
The Software (including, without limitation, any material, software, code, files, content, and images contained in or generated by the Software, accompanying data, and other embedded software, including third-party software (collectively, “AYA content”)), the Software updates and upgrades, and documentation and accompanying fonts (collectively, “AYA documentation”) – whether in read-only memory, on any other media, or in any other form – are owned by Us or Our licensors and are protected by applicable law, including copyright, trademark, patent, and/or trade-secret law. Neither title nor any intellectual property rights are transferred to you, but rather remain with Us, or the relevant third party, which owns full and complete title to the Software, AYA Content, Software updates and upgrades, and AYA Documentation. We reserve all rights not expressly granted to you, and except as provided in this Agreement, the rights granted herein are non-transferable and do not include any intellectual property rights.
- The information we collect about you will be used to create your profile, which will be available to other users. If you would like to hide your profile at any time, you can do so by going to the “Settings” section of the Software and switching the “Public Profile” setting off.
- If you would like to delete your Account, you can do so by contacting us at firstname.lastname@example.org and your Account shall be deleted at the earliest but your Content may be retained. We will save your profile information in case you realise you miss us and you decide to restore your Account (which you can do within 30 days of de-activating your Account). If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you.
8. TYPES OF CONTENT
- You will be able to access three types of content on the Software:
- content that you upload and provide (“Your Content”);
- content that other members provide (“User Content”);
- content that we provide (“Our Content”).
9. CONTENT THAT ISN’T ALLOWED ON THE PORTAL
Even though we do not monitor the content being shared on the Portal, We want you to enjoy using the Portal. We do have some rules about what is acceptable, however, so when you are using AYA you may not post, send or upload any content which:
- is obscene, pornographic or otherwise may offend human dignity;
- is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
- encourages any illegal activity including, without limitation, inciting racial hatred, or which may otherwise in itself constitute a criminal offence;
- is defamatory;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other Portals or premium line telephone numbers);
- relates to commercial activities (including selling of photographs or videos to other users on the Portal)
- has the ability to interfere with or disrupt the Portal, including that which would enable you to decompile, disassemble, decode, create derivative works of, gain access to the source code, or modify the Portal except and then solely to the extent permitted under applicable law;
- contains images of children, even if you are also in the photo;
- involves the transmission of “junk” mail or “spam”; and/or
- contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from the Portal or otherwise.
We operate a zero-tolerance policy for content of this kind.
10. YOUR CONTENT
The Services allow the submission of information, content and materials (such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions or questions) by You and other users (“User Submissions”), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions (“Your Content”) and the consequences of posting or publishing them. In connection with Your Content, you affirm, represent, and warrant that,
- you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize the Services to use, all intellectual property and any other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by the Service and these Terms; and
- you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by the Service and these Terms. For clarity, you shall retain all of your ownership rights in Your Content.
‘AYA’ assumes no responsibility whatsoever in connection with or arising from User Submissions. We assume no responsibility for actively monitoring User Submissions for inappropriate or explicit content. If at any time we choose to, in our sole discretion, to monitor User Submissions, we may do so without any intimation to You. We assume no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate or explicit User Submissions, and no responsibility for the conduct of the user submitting User Submissions. Further, we do not endorse and have no control over the content of User Submissions submitted by other users. We however retain the rights to enquire, restrict or delete any User Submission or Content upon receipt of complaint from and other User.
11. RESPONSIBILITY FOR YOUR CONTENT
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable or provides others with information to locate you or determine places that you have visited, are visiting or are planning to visit. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Us. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
12. OUR RIGHT TO USE YOUR CONTENT
AYA and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
14. USER CONTENT
Other members of the Portal will also share content via the Portal, for instance by posting information on their profile. User Content belongs to the user who posted the content and is stored on our servers and displayed via AYA at the discretion of the user providing User Content.
AYA may allow you to share user profiles using third party applications such as WhatsApp, Messages and Facebook. You do not have any rights in relation to other users’ User Content, and you may only use other users’ personal information to the extent that your use of it matches the Portal’s purpose of allowing lesbian, gay, bisexual, and transgenders to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
15. DISCLAIMER AND INTELLECTUAL PROPERTY
- Disclaimer: YOU UNDERSTAND THE FACT THAT YOU HAVE NO RIGHTS TO THE SOFTWARE, CONTENT, DOCUMENTATION, MARKS, OR ANY OTHER PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT. AYA TAKES THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, VERY SERIOUSLY (MENTIONED HEREINAFTER). WE WILL TERMINATE YOUR ACCESS TO, OR USE OF, ALL OR ANY PART OF THE SOFTWARE, WITHOUT NOTICE TO YOU, IF YOU INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, OF AYA OR OTHERS. FURTHER, WE RESERVE ALL OTHER RIGHTS WITH RESPECT TO ITS INTELLECTUAL PROPERTY.
- Intellectual Property:
- All contents available on the Portal and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Software Content”) on the Portal is owned and controlled by BEON DES TECH SYSTEMS PVT.LTD. or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Portal, by no means are any rights impliedly or expressly granted to You in respect of such Content. We reserve the right to change or modify the Content from time to time at Our sole discretion.
- The trademarks, logos and service marks displayed on the Portal (“Marks”) are the property of BEON DES TECH SYSTEMS PVT.LTD. The logos and services as provided by the vendors/vendor as displayed on the Portal have intellectual property rights attached to them. You are not permitted to use the Marks without Our prior consent.
- Unless as stated on the Portal as otherwise, indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, We own all intellectual property rights to and into the trademark “AYA, and the Portal, including, without limitation, any and all rights, title and interest in and to copyright, related rights, utility models, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Software or thirty party owner of such Content.
- Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Portal are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
- We grant you a non-exclusive, limited, personal, non-transferable, revocable licence to access and use Our Content, without the right to sublicense, under the following conditions:
- you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the Portal;
- you shall not use our name in metatags, keywords and/or hidden text;
- You shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
- you shall use Our Content for lawful purposes only.
- We reserve all other rights. If you breach any of the Terms, the above licence will terminate automatically and you must immediately destroy any of Our Content that you have downloaded or otherwise obtained.
16. DUTIES AS A USER
- Subject to the terms of this Agreement(s), we grant You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Software and the Services provided therein.
- You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Service catalogues, images, etc.) that Your access on the Portal in accordance.
- You agree to use the Services, Software and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including but not limited to these Terms and conditions); and (b) any applicable law.
- You also agree to not use the Software in any other form other than provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Portal or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Portal, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Portal.
- If you believe at any given point of time that any content or User Content (as defined herein) or other content available on the Software does not comply with the terms of the Agreement(s) as contained in this Portal or any otherapplicable law of India. You may report such content at the details provided in these Terms.
- When you use the Portal and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
- belongs to a third party and to which the user may not have a right to;
- is harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms a minor as defined by the rules and regulations of the country, you are a resident of ;
- impersonates any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- threatens or attempts to threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with any foreign state, or public order or causes incitement to the commission of any cognizable or non cognizable offence or prevents investigation of any offence or is demeaning any other nation;
- infringes any registered, non registered, applied for patent, trademark, copyright or other proprietary rights;
- contain any kind of viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource present at the registered or non registered offices of AYA;
- engage in any activity that interferes with or disrupts the access to the Portal or to any of the services as offered on our Portal (or the servers and networks which are connected to the Portal);
- attempt to gain unauthorized access to the Portal, any other systems or networks connected to the Portal. Also attempt to gain unauthorized access to any of our servers, or to any of the Services offered on or through the Portal, by hacking, using brute force or any other kind of hacking method to break into an account not owned by you or any other illegitimate means;
- You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Software, or any other customer of AYA, including any User Account not owned by You, to its source, or exploit the Services or information made available or offered by or through the Portal, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Portal;
- disrupt or interfere with the security of, or otherwise cause harm to, the Portal, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Portals or any other affiliated or linked sites;
- use the Portal or Content for any purpose that is unlawful or prohibited by the Agreement contained herein, or to solicit the performance of any illegal activity or other activity which infringes the rights of AYA or other third parties;
- falsify or attempt to falsify or delete or attempt to delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded to the Portal for the purposes of providing services to its users;
- violate any applicable laws or regulations for the time being in force within or outside India;
- You hereby agree and indemnify that You are solely responsible to AYA and any third party for a breach of Your obligations under these Terms and conditions or other Agreements provided on this Portal and for any consequences (including any loss or damage which we or its affiliates or our vendors may suffer) for any such breach.
- You shall use this Portal for personal, commercial and non-commercial use. However, your use shall only be for the purpose of using the Services for your own personal or non personal requirements and shall not be for re-sellingthe same to any third party.
- Any purchase of the Services from the Portal will be strictly for the personal or non personal use of the User. The User hereby expressly agrees that any Services purchased by the User will not be sold or re-sold in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services purchased are not transferrable to any third party for profit.
- In case buyer purchases multiple Services in one transaction, the Vendor(s) may or may not try to deliver all such Services together. Buyer agrees that the delivery of the Services shall be made through the online login account only.
17. RESTRICTIONS ON AS YOU ARE:
You can complain about User Content by contacting us at email@example.com outlining the abuse and/or complaint, or you can block and/or report a user directly from their profile or in chat by clicking the “Block & Report” link. Blocking a user will prevent them from being able to contact you via AYA. We take all complaints seriously and will aim to investigate and respond to all user complaints as early as possible. Any content which we consider in our discretion to be in breach of these Terms will be deleted and we may suspend or terminate the offending user’s account.
Scraping or replicating any part of the Portal without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.
You must not use another person’s Facebook login details to create an Account, or try to access an Account that does not belong to you, even if you have the permission of a third party.
You must not share your login details with anyone or let anyone access your Account. You are responsible for keeping your login details secret and secure. If you don’t, We are not liable for any unauthorised access to your Account. If you suspect that someone has gained access to your Account, you must let us know immediately. You must also immediately change your login details. We reserve the right to terminate your Account if you violate our rules on keeping your login details secure.
18. THIRD PARTY SERVICES
Certain features of AYA may be interoperable with third party services, and you may need to create accounts with applicable third party service providers in order to use these. By using our Portal, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a third party service.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Portal may be read or intercepted by others.
20. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using AYA, you agree to us collecting and using technical information about the devices you use the Portal on and related software, hardware and peripherals to improve our products and to provide any services to you.
21. SUBSCRIPTION, PAYMENT AND REFUND
- We shall charge (“Subscription Fee”) for the services provided to you through the Software which may vary from time to time and you agree to let go of any claims against Us on such increase of decrease of the Subscription Fee.
- In case of termination of this Agreement either by Us or You, no refund shall be provided by Us. However, in any eventuality.
- We may at our sole liberty issue credits in certain situations as decided by Us which cannot be exchanged for actual money and shall have to be redeemed within the Software.
22. TERMINATION OF THIS AGREEMENT
- By us:
- Sometimes people forget about the Terms and post or upload content or act in a way while on AYA which is not consistent with its purpose. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
- suspend or revoke your registration and your right to access and/or use the Portal;
- make use of any operational, technological, legal or other means available to enforce the Terms.
We will try (but we are not obliged to) notify you if your access to the Portal and/or your profile is to be or has been suspended or terminated. Where you have acted contrary to our Terms, we will keep a record of it and may block future attempts by you to use or access AYA and its features.
To terminate this Agreement for any reason whatsoever you may unsubscribe or uninstall the Software.
- Upon such termination of this agreement, any subscription fees that is pending for the subscribed period shall be forfeited and You shall not be refunded any of the subscription fees that has already been paid for the usage of the Software.
- Liability and Warranty Disclaimer.
- YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FURTHER, YOU UNDERSTAND THAT ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE USING THE SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AYA SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
- AYA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AYA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, WHICH THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT, , WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE SOFTWARE, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE SOFTWARE OR IN ANY OTHER PRODUCT OFFERED BY US.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AYA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND AYA HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND THE SOFTWARE WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED RUPEES TEN (INR10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
The User agrees to indemnify the Portal and BEON DES TECH SYSTEMS PVT.LTD. from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that the Portal, BEON DES TECH SYSTEMS PVT.LTD., their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement; or (ii) material entered into the Web site with the use of the User’s screen name or password.
25. CHANGES TO THE TERMS
BEON DES TECH SYSTEMS PVT.LTD. may change these Terms & Conditions at any time without notice. Changes will be posted on the Portal under “Terms & Conditions”.
Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms & Conditions and all of the changes. Therefore, you should read these Terms & Conditions from time to time for changes.
26. SPECIAL OFFERS, NEWS AND INFORMATION FROM US.
We take the liberty to contact you for our news, promotions, schemes, via email, text message, standard mail, or other forms of digital and non-digital communications, from time to time, special offers, news and information relating to The Software. You will have the option to opt-out of receiving such communications when you register to use the Software.
27. ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either the or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.
‘AYA’ may discontinue or change the Web Site or its availability to you, at any time.
This Agreement constitutes the entire agreement between the parties relating to Web site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of the Portal, to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of India and subject to jurisdiction of courts of Panchkula, Haryana, as if the Agreement was a contract wholly entered into and wholly performed within Panchkula, Haryana and any litigation related to this Agreement shall be brought exclusively in the courts of Panchkula, Haryana, India. All rights not expressly granted herein are reserved.
- You are responsible for any content that you upload on the Portal, and you represent and warrant to us that you have the right to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way. We have the right to disclose your identity to any third party who is claiming that any of Your Content constitutes a violation of their intellectual property rights or of their right to privacy or any other law. You agree that you will indemnify, defend, release and hold us harmless from any claims made in connection with Your Content. You must not display any personal contact or banking information on your individual profile, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details, or place of work). If you choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details of yourself to third parties online as you would under any other circumstances. You must not create or upload any material that directly or indirectly attacks people based on their ethnicity, race, nationality, gender, sexual orientation, religious belief or disabilities. If you come across any such material while using the Portal, You may report it to us. We may immediately remove a user’s access to the Portal.
- Though We strive to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, it is not responsible for the conduct of any member on or off of the Service. You agree to use all precaution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow thesafety tips provided at our Portal, prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS.
30. COMMUNITY RULES
By using the Service, you agree that you will not:
- use the Service in order to damage Us
- use the Service to defame another User,
- use the Service for any purpose that is illegal or prohibited by this Agreement or by Law.
- use the Service for any harmful purpose
- spam, solicit money from or defraud any members.
- impersonate any person or entity or post any images of another person without his or her permission.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- bully, “stalk”, intimidate, assault, harass, mistreat or defame any person.
- post any Content that is hate speech, threatening, sexually explicit or pornographic.
- post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person’s personal information without his or her permission.
- use another member’s account, share an account with another member, or maintain more than one account.
- create another account if we have already terminated your account, unless you have our permission.
31. ABOUT US
As You Are is a Mobile Application with an accompanying Portal, owned by BEON DES TECH SYSTEMS PVT. LTD.
We are registered in Panchkula.
Our registered office is at Plot No.66 Phase 2 Industrial Area Panchkula 134113, Haryana, India
These Terms were last updated on 8 Sep 2020.