Please read carefully the terms and conditions of this End User License Agreement (“EULA” or “Agreement”) before clicking “ I Accept” or downloading, installing or using the mobile application (“Mobile App”) provided by Use My Voucher Technologies Pvt. Ltd. (“Use My Voucher”). This EULA is a legally binding contract, equivalent to a signed, written contract, between Use My Voucher and you and governs your access to and use of the Mobile App. By clicking “I Accept”, you accept all the terms and conditions of this Agreement. If you select “cancel” or otherwise do not accept the terms and conditions of this Agreement you are not authorized and will not be permitted to access the Mobile App. Any terms not defined in this EULA shall have the normal dictionary meaning or be given the same meaning as stated in the Terms & Conditions.
This EULA governs use of the Use My Voucher software product known as Use My Voucher Mobile App, and related written materials ("Software"). The term "Software" also includes any modified versions or updates of the Software which may be provided to you by Use My Voucher at their sole discretion. You must read this Agreement carefully before accepting the terms and conditions hereof.
In this Agreement, by “You,” we mean the purchaser, recipient or end user of the Software on a standalone basis. “You” may also mean a person who has downloaded the Software from an authorized application market or store, such as Apple’s App Store or Google Play Store (each such application market or store is referred to in this Agreement as an “Application Store” and collectively as “Application Stores”).
Use My Voucher grants to you a non-exclusive license to use the Software solely for your own personal use for the limited purpose as stipulated in this Agreement and subject to the following terms and conditions:
1.Use of the Software: After you have installed the software, as per the directions given, you shall use the Software on any Phone or Tablet that you own or control which is not jail broken, and only as permitted by the usage rules set forth in the Application Store’s Terms of Service. Your use of the Mobile App in conjunction with your device is solely at your own risk. You are granted only a limited, non-transferable and non-exclusive right to use such copies of the Software restricted to your own personal use. You shall be permitted to use the Software only as a single product. You shall not delete or otherwise modify the copyright and other proprietary notices that appear on or in the Software. You also acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the app, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
2.Open source: Any open source software that may be accompanying the Mobile App is provided to you under the terms of the open source license agreement or copyright notice accompanying such open source software or in the open source licenses file accompanying the software. This EULA does not apply to any open source software accompanying the Mobile App and Use My Voucher hereby disclaims any and all liability to you or any third party related thereto.
3.Updates or Upgrades: Use My Voucher, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software (collectively "Upgrade") without prior notice on the same or such new Terms and Conditions as it may deem fit and proper. If Use My Voucher materially modifies this EULA it will make reasonable efforts to notify you of the change. For example, we may generate a pop-up or similar notification when you access the Mobile App for the first time after such material changes are made. By continuing to use the Mobile App after we have posted a modification of this EULA, you agree to be bound by the modified EULA. You also agree and accept that you will have to enter into a renewed version of this Agreement if you want to download, install or use an Upgrade or new version of the Software. You also accept, acknowledge and agree that Use My Voucher has no obligation to either develop or make available to you any Upgrades or subsequent versions of the Software.
5.Intellectual Property Rights: All right, title and interest, including without limitation, copyright, trademark and other intellectual property rights in the Software and any derivatives thereof, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code and all other elements of the app are owned and licensed by Use My Voucher. This Agreement does not provide you with any ownership interest in the Software or with any other right other than as expressly set forth in this Agreement. The Software is protected under the relevant Indian statutory laws as well as the common law. You agree not to modify, repair, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. You shall not use this software for any purposes or in any manner other than as stipulated in this Agreement. You shall be strictly liable for any misuse or abuse of this Software or in any other manner, to use the content provided to you, by virtue of you having downloaded the Mobile App. The same shall also amount to piracy and/or infringement of Intellectual Property Rights and the appropriate legal and remedial action, as available, shall be initiated against You including claiming appropriate damages and/or compensation.
6.Claims: In the event of a third party claim that the Software, or your possession and use of the Software, infringes such third party's intellectual property rights, Use My Voucher shall, at its sole discretion: (i) substitute a functionally equivalent non-infringing Software; (ii) obtain the right to continue to use the infringing Software; or (iii) require the return of the Software. The rights granted hereunder shall be your sole and exclusive remedy for any alleged infringement of any patent, copyright, trademark or any other proprietary right.
7.Transfer: You shall not lend, rent, lease, pledge, sub-license, distribute or allow others the access to the Software in any manner whatsoever.
8.Use of Information: The Software automatically communicates with Use My Voucher and/or its authorized representatives’ servers on the internet when activated. Any information transmitted through use of the Software that does not reflect or reference an individually identifiable user ("Non-Personal Information") will be treated as non-confidential and non-proprietary information. You acknowledge and agree that Use My Voucher and/or its authorized representatives may process and commercialize such Non-Personal Information gathered from you or through your use of Software. We shall be entitled to use your Non-Personal Information to improve the quality and design of the Software and to create new features, functionality, and services by storing, tracking, and analyzing user preferences and trends. We may share aggregate information about usage stripped of any personally identifiable information. You further acknowledge and agree that Use My Voucher may share any personally-identifiable information ("Personal Information") transmitted through the use of the Software solely with other members of social networks in which you are a member, and who have access to your profile. If we propose to use Personal Information for any purposes other than those described in this Agreement, we will obtain your prior consent.
9.No Warranty: You acknowledge that the Software is being delivered to you on an “as is” basis, without any warranty and Use My Voucher does not and cannot make any warranty as to the merchantability, fitness, performance or results you may obtain by using the Software. It is further acknowledged by You that Use My Voucher has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. Use My Voucher hereby also disclaims any and all warranties, express or implied, including, without limitation, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In particular, Use My Voucher does not represent or warrant to you that your use of the Software will be free from error or that any information obtained by you as a result of your use of the Software will be accurate and reliable or that the operation of the Software will be uninterrupted.
10.Limitation of liability: To the maximum extent permitted by law, in no event will Use My Voucher be liable to any party for any damages including, without limitation, consequential, incidental, or special damages, any lost profits or lost savings for any claim by any third party.
11.Legal Compliance: You represent and warrant that (i) You are not located in a country that may be considered by India as an enemy nation; and (ii) that You are of a legal age and eligible to download, install or use the Software.
12.Indemnity: If Use My Voucher is the subject of a claim, becomes involved in a legal proceeding, or suffers any economic loss or damage as a result of your violation of this Agreement, to the extent permitted by law, You will be responsible for compensating Use My Voucher for the full amount of its loss, as well as any reasonable amounts Use My Voucher incurs in lawyers' fees, expenses and court costs, except to the extent that Use My Voucher contributed to the loss or damage.
13.Term: This Agreement is effective when You click on the “I Accept” button, or when you in any other way use, copy or install the Software, which will constitute your acceptance of, and agreement to, this Agreement. Once accepted, this Agreement remains in effect until terminated. The limited license in this Agreement will be automatically terminated if you fail to comply with any of the terms and conditions in this Agreement. You agree that upon such termination, you will immediately destroy all programs and documentation that relate to the Software, including all copies made or obtained by you, and otherwise cease use of the Software. If the Software has been installed on a mobile device, you must uninstall the Software immediately.
14.Termination: This Agreement shall automatically terminate upon failure by You to comply with the terms of this Agreement. Further, upon termination of this Agreement, you shall promptly certify in writing to Use My Voucher that all copies of the Software in your possession have been destroyed.
15.Governing Law and General Provisions: This Agreement will be governed by the laws of India. The parties agree that the courts located within Mumbai, India shall have jurisdiction and venue over all controversies or disputes in connection herewith. If any part of this Agreement is found void and unenforceable, the balance of the Agreement shall remain valid and enforceable according to its terms.
16.Contact us: In the event you have any questions, claims or complaints relating to the Software, or your possession, management and use of the Software, you may contact us at ____________________. All such questions, claims or complaints should be directed solely to Use My Voucher.
17.No Waiver: The failure of Use My Voucher to enforce any rights granted hereunder or to take action in the event of any breach hereunder shall not be deemed a waiver by Use My Voucher as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
18.Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof. However, the terms and conditions of this Agreement are in addition to the Terms and Conditions of Use My Voucher along with applicable laws, rules and regulations. This agreement may only be changed by a written or electronic agreement explicitly agreed to by the parties hereto.