The Terms and conditions of this website and/or application located at the URL https://asyouare.in/terms-of-service/under the name and style ‘As You Are’ (the Website) is between ‘SA Tech’ (hereinafter referred to as “‘SA Tech’ or ‘As You Are’ ” or “We” or “Us” or “Our”) and the guest users or registered users of the Application (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which we offer You access to the Website and such other services as are incidental and ancillary thereto (“Services”).
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 WEBSITE, 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 WEBSITE.
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 Website.
We’re not responsible for anything that you post or say on the Website, and we do not actively monitor content. We may delete any content which we consider in our discretion breaches these Terms.
REGISTRATION, YOUR ACCOUNT AND EMAILS
Why? Depending on the particular functionality of the Website at any time, you may or may not need to register to use much of its functionality or to access much of our Services. If you do register, we operate 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 make a purchase from the Website (which we may facilitate for you as part of the Services) Registering on our Website 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.
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 and purchases, as well as updates about our Site and 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.
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 As You Are and switching the “Public Profile” setting off.
If you would like to delete your Account, you can do so by going to the “Settings” section of the Website and clicking on the “Delete Account” link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely. 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.
TYPES OF CONTENT
- You will be able to access three types of content on the Website:
- content that you upload and provide (“Your Content”);
- content that other members provide (“User Content”);
- content that we provide (“Our Content”).
- CONTENT THAT ISN’T ALLOWED ON THE WEBSITE:
We want you to enjoy using the Website. We do have some rules about what is acceptable, however, so when you are using As You Are 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 websites or premium line telephone numbers);
- has the ability to interfere with or disrupt the Website, including that which would enable you to decompile, disassemble, decode, create derivative works of, gain access to the source code, or modify the Website 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 Website or otherwise.
We operate a zero-tolerance policy for content of this kind.
You are responsible for any content that you upload on the Website, 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 Website, You may report it to us. We may immediately remove a user’s access to the Website.
Other members of the Website will also share content via the Website, 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 As You Are at the discretion of the user providing User Content.
As You Are 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 Website’s purpose of allowinglesbian, 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.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Website 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 Website;
- 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;
- 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.
RESTRICTIONS ON AS YOU ARE:
You can complain about User Content by contacting us at firstname.lastname@example.org, 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 As You Are. 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 Website 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, Weare 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.
THIRD PARTY SERVICES
Certain features of As You Are 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 Website, 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 Website may be read or intercepted by others.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using As You Are, you agree to us collecting and using technical information about the devices you use the Website on and related software, hardware and peripherals to improve our products and to provide any services to you.
TERMINATION OF USE BY US
Sometimes people forget about the Terms and post or upload content or act in a way while on As You Are 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 Website;
- 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 Website 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 As You Are and its features.
Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. NEITHER THE WEBSITE NOR SA TECH MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEB SITE, THE WEB SITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. THE WEBSITE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NEITHER THE WEBSITE NOR SA TECH SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE WEBSITE, SA TECH NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEB SITE. NEITHER THE WEBSITE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL THE WEBSITE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.
The website assumes no responsibility for the use of third party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
The User agrees to indemnify the website and SA Tech from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that the website, SA Tech, 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.
CHANGES TO THE TERMS
SA Tech may change these Terms & Conditions at any time without notice. Changes will be posted on the website 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.
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.
‘As You Are’ 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 website, 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 Mumbai, as if the Agreement was a contract wholly entered into and wholly performed within Mumbai, and any litigation related to this Agreement shall be brought exclusively in the courts of Mumbai. All rights not expressly granted herein are reserved.
As You Are is a Mobile Application with an accompanying website, owned by SA Tech.
We are registered in Mumbai.
Our registered office is at A3, Brindaban Society, Deonar Farm Road, Near BARC hospital gate, Govandi, Chembur, Mumbai -400088.
These Terms were last updated on 1st Dec 2019.