1. INTRODUCTION
This is an agreement between UNIDIS FOODS PRIVATE LIMITED, a Company incorporated under The Companies Act, 2013 (“GAPPEE" or the “Licensor”), the owner and operator of ‘GAPPEE’ Platform and you (“You”), a user of ‘GAPPEE’ and All those persons who use the Application are herein termed as ‘Users’.
By installing and/or using the software, you agree that this Agreement is a legally binding and is a valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Your use of ‘GAPPEE’ platform indicates your acceptance of this agreement and warranty.
1.1 Grant of License.
Subject to your compliance with these Terms, Gappee grants you a limited, non-exclusive, nonsublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Gappee and Gappee’s licensors.
1.2 Ownership of Intellectual Property Rights
All intellectual property rights of the Gappee, including but not limited to copyright, logos, names, trademarks, service marks, design, text, sound recordings, images, links, concepts and themes are exclusively owned by the Gappee. Any reproduction, transmission, publication, performance, broadcast, alteration, license, hyperlink, creation of derivative works or other use in whole or in part in any manner is strictly prohibited.
1.3 Your Obligations
You (i) shall not install an Application onto any mobile device that you do not own or control or onto a server so that it is accessible via a public network, (ii) shall not copy, alter, modify, adapt, translate or create derivative works of an Application, (iii) shall not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of an Application, (iv) shall take all reasonable precautions to prevent unauthorized or improper use or disclosure of an Application, and (v) shall not remove any copyright and other proprietary notices contained in an Application.
1.4 Updates
We may update the Terms from time to time, in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Services. Your use of the Services after the effective date of the updated Terms (or your other conduct in connection with the Services as we may reasonably specify) constitutes your agreement to the updated Terms. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to be bound by the changes. If you don’t agree to be bound by the changes, then you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
1.5 Consent to Use of Data
You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Applications. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
1.6 Services
Information provided by our users through the Application, may include or make available content, data, information, applications or materials from third parties (“Third Party Materials/Services”) or provide links to certain third party web sites. You acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that the Application may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Application. No portion of the Application may be reproduced in any form or by any means. You further agree not to use the Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Application.
1.7 Discontinuation.
The Licensor reserves the right at any time to discontinue, temporarily or permanently, the Application, with or without notice and without liability to you.
2. No warranty
You expressly acknowledge and agree that use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Application and any services performed or provided by the Application ("services") are provided "as is" and “as available”, with all faults and without warranty of any kind, and the Licensor hereby disclaims all warranties and conditions with respect to the Application 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 noninfringement of third party rights. The Licensor does not warrant against interference with your enjoyment of the Application, that the functions contained in, or services performed or provided by, the Application will meet your requirements, that the operation of the Application or services will be uninterrupted or error-free, or that defects in the Application or services will be corrected. No oral or written information or advice given by the Licensor or its authorized representative shall create a warranty.
3. LIMITATION OF LIABILITY
GAPPEE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GAPPEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GAPPEE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF GAPPEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GAPPEE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GAPPEE’S REASONABLE CONTROL. GAPPEE’S SERVICES MAY BE USED BY YOU TO REVIEW AND RATE STREET VENDORS, THEIR FOODS OR THEIR SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT GAPPEE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY EXCHANGE OF INFORMATIONBY YOU TO ANY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
4. Term & Termination
This Agreement is effective upon our acceptance after you indicate your assent and provide any required information to initiate your account and will continue until terminated by us (such time period will be referred to as the “Term”). We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you.
5. Rights of the Licensor
i. It is hereby made clear that the Licensor is entitled to permit anyone else to use their said software and the said trade mark without any prior permission of the End User.
ii. The Licensor reserves the right to prosecute, defend and conduct all suits involving the said software and to take any action or institute any proceedings that may deem desirable for the protection thereof, and in its sole discretion.
6. Push Notifications
As part of the Services, you may (if enabled) receive push notifications, text messages, alerts, emails or other types of messages directly sent to you outside or inside the Apps (“Push Messages”). If you decide to enable such Push Messages, you agree to receipt of communications from Gappee via the Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services (except for infrequent, important service announcements and administrative messages). Please be aware that third party messaging or data fees may occur relating to these Push Messages depending on the plan you have with your wireless carrier.
7. Legal rights and Remedies:
All rights and remedies of the Licensor hereto shall be in addition to all other legal rights and remedies belonging to the Licensor and the expiry or early determination of this agreement, for any reason whatsoever shall be without prejudice to the rights and claims of either party hereto which may have accrued prior to such expiry or earlier determination.
8. Merger, Sale, or Bankruptcy
In the event of Merger, Sale, Insolvency or Bankruptcy of the Licensor, the Licensor reserves the right to transfer or assign the information collected from users as part of such merger, acquisition, sale, or other change of control.
9. Entire Agreement & Waiver
The Terms, together with the 'Privacy Policy' and 'Guidelines and Policies', shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
10. Governing Law
These Terms shall be governed by the laws of India. The Courts of New Delhi shall have exclusive jurisdiction over any dispute arising thereof. Any controversy or claim arising out of or relating to these terms of service shall be settled by binding arbitration in accordance with the requirements of the Arbitration and Conciliation act, 1996 of India.
11. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
12. Governing law and Jurisdiction
This agreement shall be governed and construed in accordance with the laws of India without giving effect to principles of conflict of laws and jurisdiction shall be the courts of Delhi wherein the mode of resolution will be Arbitration only and Party of first Part will have the exclusive right to appoint sole Arbitrator, the decision of which will be final and binding to both the parties and no further Appeal, Review or revision against the same order shall be made by any party.
13. Personal Information And Privacy
User understands and acknowledges that by choosing Gappee you have allowed Gappee to use your personal information.
User understands, acknowledges and agrees that although Gappee provides appropriate firewalls and protections, the Gappee Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
In case Gappee is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the Gappee Service and/or any particular user(s), Gappee will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.
This Privacy Policy may be revised periodically. Your continued usage of the Application or the Services will signify your assent to and acceptance of the Terms of Service and the Licensor’s Privacy Policy, including amendments thereto.
