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In this HajjHelp app Service License and vendor / establishment Agreement ("SVA"), we call our android app service as "HajjHelp app." www.HajjHelp.net & HajjHelp app are owned by Appengineers, Hyderabad, India.
IMPORTANTLY, minors can only use the HajjHelp app by having their parent or legal guardian sign up to use the HajjHelp app and enter into this SVA.
This SVA is legally binding. Please read the terms of the SVA carefully.
The following are the terms and conditions for use of the HajjHelp app and related Service. Please read them carefully. The term "Vendor/ establishment" in this SVA refers to any person or entity that uses the HajjHelp app . If you commit any material breach in this SVA, all subsequent use of the HajjHelp app by you is unauthorized and illegal. HajjHelp app reserves the right to take legal action arising from any unauthorized or illegal use of the HajjHelp app, and to prohibit your from making any further use of the HajjHelp app . Unauthorized or illegal use of the HajjHelp app may also subject you to civil and/or criminal liability.
HajjHelp app may elect at its sole discretion to monitor some, all, or none of the areas of the HajjHelp app for adherence to this SVA or for any other reason.
1.1 Registration. The Registration with HajjHelp app implies that you abide the terms of the acceptability and agrees that you are using HajjHelp app services at your own risk. You agree to provide HajjHelp app with ongoing, accurate, complete, and updated registration information.
1.2 Vendor Account. When you register online to use the HajjHelp app, you will give a password and a Vendor / Establishment account ("Vendor / Establishment Account"). You are entirely responsible for any and all activities conducted through your Vendor / Establishment Account. If you permit someone else to use your Vendor / Establishment Account, you must ensure that they comply with this SVA, and you agree to be liable for all liabilities arising from such use. You agree to notify HajjHelp app immediately of any unauthorized use of your password or any of your Vendor / Establishment Accounts, or of any other breach of security.
1.3 Passwords. Upon your registration as a Vendor on the HajjHelp app, you will set a password. You are responsible for maintaining the confidentiality of your password, and you agree to be liable for all liabilities resulting from any disclosure of your password. Therefore, for security purposes, HajjHelp app recommends that you change your password often. At no time should you respond to an online request for a password, except when prompted by the HajjHelp app administrator. HajjHelp app employees will never ask for your password online.
2.1 Service Covered by this SVA. This SVA covers the HajjHelp app Service (the "Service") that you are using online as a service which enable you to use HajjHelp app. 2.3 License. Subject to the terms and conditions set out in this SVA, HajjHelp app grants you a non-exclusive, non-transferable license to install the Service on your android smartphone, and to use the Service for the purpose of engaging in internal features provided by HajjHelp app.
2.4 Service Restrictions. You may not make any alterations or modifications to the Service. You may not sublicense, rent, or lease the Service, or transfer or assign the license granted pursuant to this SVA or any interest therein. You may not reverse engineer, reverse compile, reduce to human perceivable form, or disassemble the Service. You may not make any copies of the Service, except for copies made strictly for backup purposes. You may not transmit the Service over a network.
2.5 Intellectual Property Rights in Service. You acknowledge and agree that, except as set out below, any and all copyright, moral rights, patent rights, and other intellectual property rights in the Service are owned by HajjHelp app. You may not remove any copyright or other proprietary or product identification notices contained in or displayed by the Service provided by app, or contained in any written material which may relate to the Service. You also acknowledge and agree that the Service has been developed in part by, and may include Service licensed by, third party licensors. If you violate any provisions of this SVA, you may incur legal liability to those third party licensors, in addition to HajjHelp app.
2.6 All the, discount coupons, offers and promotions offered by vendors / establishments is sole responsibility of vendors / establishments, HajjHelp app is just facilitator (mediator) to promote your offers / business listing to various target segments and consumers
2.7 The establishment / vendor is responsible for all liabilities on the deals, promotions, coupons and offers offered by respective establishments in HajjHelp app if any such deals, offers and promotions, coupons and offers are not having legal validity or of the nature of the scam.
2.7 The establishment / vendor is responsible to verify the accuracy of all content uploaded on the HajjHelp app .
2.10 HajjHelp app have full right to suspend / delete the listing services without prior information if the establishments / vendors have found to be indulging violating the terms and conditions of this SVA and indulging in fraud, misappropriation or something contrary to the Indian laws. In such cases your account will be terminated with immediate effect and further for all consequence’s arising vendor / establishment will be held responsible.
2.11 HajjHelp app does not make any warranty that
The term "Content" includes all communications, text, images / photos and any other material. You may not use the HajjHelp app service to transmit any Content which:
In addition, if HajjHelp app becomes aware that you are using the HajjHelp app to transmit any other Content which HajjHelp app considers inappropriate, HajjHelp app may notify you to advise that transmission of such Content through the HajjHelp app is prohibited. The prohibitions set out in the section will apply to such Content immediately upon such notification. HajjHelp app shall also have the right to block your use of the HajjHelp app. Such action may be immediate and without notice.
You acknowledge that HajjHelp app does not monitor or edit the Content which you transmit to others using the HajjHelp app, and accepts no responsibility what-so-ever for that Content.
If you witness any transmission of prohibited Content by others, HajjHelp app encourages you to contact HajjHelp app vendor service desk at vendorsupport@HajjHelp.net
You may not use the HajjHelp app to: (i) Harvest or otherwise collect information about others, including email addresses, without their consent, or (ii) Attempt to gain unauthorized access to the HajjHelp app, other Vendor / Establishment Accounts, mobiles or networks connected to the HajjHelp app, through password mining or any other means. HajjHelp app reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the HajjHelp app, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).
You will indemnify and hold HajjHelp app, its officers, directors, employees, shareholders, agents, licensors and subcontractors, harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claims, action or proceeding brought against HajjHelp app or its officers, directors, employees, shareholders, agents, licensors and subcontractors that may arise from your breach of this SVA, or from any use which you make of the Service and the HajjHelp app. HajjHelp app shall have the right to control the defense, settlement, adjustment or compromise of any such claim, action or proceeding using counsel selected by HajjHelp app. HajjHelp app will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. Without limiting the generality of the preceding paragraph, you agree that the indemnity provided in this section shall include and apply to any liabilities, losses, damages, costs and expenses arising from Content you transmit to others using the HajjHelp app.
To the maximum extent allowed by law, HajjHelp app, its officers, directors, employees, shareholders, agents, licensors and subcontractors disclaim any and all warrants, representations, covenants, and conditions as set out below. No advice or information, whether oral or written, obtained by you from HajjHelp app or through the HajjHelp app shall create any warranty not expressly stated herein.
7.1 HajjHelp app used "as is" and "as available" and "with all faults". You expressly agree that use of the HajjHelp app and all service distributed by HajjHelp app in connection therewith are at your sole risk. The HajjHelp app and all service distributed by HajjHelp app are provided on an "as is" and "as available", "with all faults" basis and without warranties or conditions of any kind, either express or implied.
7.2 HajjHelp app not responsible for products or services. You acknowledge that HajjHelp app does not control in any respect any information, products or services offered by third parties through the HajjHelp app. HajjHelp app does not endorse, warrant or guarantee any product or service offered through the HajjHelp app by any third party. HajjHelp app will not be a party to or in any way monitor any transaction between you and third- party providers of products or services. HajjHelp app will not bear any responsibility for the products, services, or actions of any third parties.
7.3 No warranties of quality. without limiting any other provision of this section 7 and in addition to all other provisions of this section 7, to the fullest extent permitted by applicable law, HajjHelp app expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, with respect to the HajjHelp app and all service distributed by HajjHelp app in connection therewith. HajjHelp app makes no warranty that the HajjHelp app or the service will meet your requirements, or that the HajjHelp app will be uninterrupted, timely, secure, or error free. HajjHelp app does not make any warranty or representation as to the use or the results that may be obtained from the use of the HajjHelp app. you acknowledge that the HajjHelp app and its service may be subject to operating errors or defects including, but not limited to loss of data, delays, nondeliveries, errors, system down time, mis deliveries, network or system outages, file corruption, or service interruptions. no such event shall constitute a breach of this or any other contract on the part of HajjHelp app, even if caused by the negligence or gross negligence of HajjHelp app or any of its employees, agents, licensors or subcontractors.
7.4 No warranty relating to content received through the HajjHelp app. You acknowledge that HajjHelp app does not monitor or edit the content which you receive from others through the HajjHelp app, and accepts no responsibility or liability for that content re gardless if such content is transmitted to you in breach of the terms of this SVA. HajjHelp app makes no warranty with respect to the content you may receive through the HajjHelp app. in particular, without limiting the generality of the foregoing, HajjHelp app makes no warranty that such content will be free of any of the other types of content listed under section 4 above or any virus, worm, trojan horse, time bomb, cancelbot, or other destructive program you expressly acknowledge that as used in this section 7, the terms HajjHelp app includes HajjHelp app's officers, directors, employees, shareholders, agents, licensors and subcontractors.
In no event will HajjHelp app, its officers, directors, employees, shareholders, agents, licensors and subcontractors be liable for any damages, including without limitation any:
in each case, in connection with the HajjHelp app, the service or with any other product or service provided by HajjHelp app, or resulting from the use or the inability to use the HajjHelp app, or from any content transmitted though the HajjHelp app or from any goods or services purchased or obtained or transaction entered into through or from the HajjHelp app, or from unauthorized access to or alteration of your transmissions, data, or account, even in the event of the fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of HajjHelp app, and even if HajjHelp app has been advised of the possibility of such damages.
HajjHelp app's entire liability and your exclusive remedy with respect to use of the HajjHelp app and all service distributed by HajjHelp app shall be the replacement of any service developed by or for HajjHelp app which is found to be defective, using media chosen by HajjHelp app. HajjHelp app's shall have no monetary liability for any reason in connection with your use of the HajjHelp app and the service. You expressly acknowledge that as used in this section 8, the terms HajjHelp app includes HajjHelp app's officers, directors, employees, shareholders, agents, licensors and subcontractors.
You acknowledge that: (a) the HajjHelp app may permit access to Content that is protected by copyrights, trademarks, service marks, patents, rights of publicity, or other proprietary rights owned by HajjHelp app or third parties (collectively, "Rights"), (b) these Rights are valid and protected in all media existing now or later developed, and (c) except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws. Applicable laws may prohibit you from making a copy of audio or video content through the HajjHelp app without the permission of all parties to the conversation or participants in the HajjHelp app. Other than as specified above, you may not modify, copy, reproduce, republish, upload, post, transmit, sell, publish, broadcast, create derivative works from, perform, or distribute in any way Content available through the HajjHelp app.
Either you or HajjHelp app may terminate your Vendor / Establishment Account and this SVA at any time with or without cause. Your only remedy with respect to any dissatisfaction with (i) the HajjHelp app, (ii) any SVA term, (iii) any policy or practice of HajjHelp app in operating the HajjHelp app, or (iv) Content transmitted through the HajjHelp app, is to terminate your Vendor / Establishment Account. Your notice of termination will be effective upon receipt by HajjHelp app or upon receipt of confirmation if confirmation is requested. Upon termination of this SVA for any reason, you must destroy all tangible and intangible embodiments or copies of the Service in your possession.
HajjHelp app reserves the right, at its discretion, to revise this SVA at any time, and such revisions will be effective immediately upon the posting of the revised SVA on HajjHelp app's website. You agree to review the SVA periodically to become aware of such revisions. If any such revision is unacceptable to you you’re only remedy is to terminate your Vendor / Establishment Account as provided in Section 10. Your continued use of the HajjHelp app and/or the Service following posting of the revised SVA on HajjHelp app's website shall be conclusively deemed to be acceptance of all such revisions.
12.1 If any provision of this SVA is held to be unenforceable or contrary to law for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances.
12.2 The section headings contained in this SVA are for the purposes of convenience only and are not intended to define or limit the contents of said sections, and have no legal or contractual significance.
12.3 HajjHelp app and you are independent contractors under this SVA.
12.4 HajjHelp app' failure to enforce at any time any of the provisions of this SVA shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by HajjHelp app of any provision, condition or requirement of this SVA shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this SVA, no default, delay or failure to perform on the part of HajjHelp app shall be considered a breach of this SVA if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of HajjHelp app.
This service is provided "as is" and any expressed or implied * warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement are disclaimed. in no event shall HajjHelp app or its contributors be liable for any direct damages in excess of Rs1,000/- Indian rupees, nor for any indirect, incidental, special, exemplary, or consequential damages (including, but not limited to procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory * of liability, whether in contract, strict liability, or tort * (including negligence or otherwise) arising in any way out of the use of this service, even if advised of the possibility of such damage.
In enforcing, interpreting and for all other purposes, this SVA will be governed by the substantive laws of the union of India in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the high court of Hyderabad City, Telangana state.