The purpose of this Agreement is to set forth the terms and conditions under which, among other things: (i) KINDRED shall license you limited use of KINDRED's technology, software and/or other services such that you can utilize the Applications, and (ii) you can access and/or use the Websites (collectively, the "Purpose"). As stipulated elsewhere in this Agreement, KINDRED does not exert any control over any other User, or other third parties and as such is not liable or responsible for any actions taken or omitted to be taken by any such User or other third parties.
REGISTRATION AND ELIGIBILITY
You may browse the Service and view content without first creating a registered Account, as described below, but as a condition to using certain aspects of the Service and to the Websites and Applications, you are required to register with KINDRED, by synchronizing your account on third parties sites including but not limited to Facebook, Twitter and Google with KINDRED or by alternatively creating an account ("Account") and represent, warrant and covenant that you will provide accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the User Agreement, which may result in immediate termination of your Account.
For the purpose of this Agreement, Account means the account successfully opened by the User on the Applications and/or Websites by inserting information such as but not limited to name, contact details, user name, and password as required to be filled in the registration process and include any further changes and additions to the information from time to time.
You shall not:
TAPnEARN MERCHANT LOYALTY PROGRAM
TapnEarn Merchant Loyalty Program (hereinafter “Loyalty Program”) shall mean loyalty programs offered by Merchant Partners who have enrolled or registered with KINDRED for offering loyalty programs to the End User. The standard terms and conditions in relation to the Loyalty Program are mentioned below:
The Merchant Partner is the sole and exclusive offerer, issuer and provider of the Loyalty Program, including all the Loyalty Program’s loyalty points, and other rewards (“Rewards”) and its promotional offers, discounts, events and incentives (“Offers”), whether exclusive to End User or otherwise. Each Loyalty Program is specific to the Merchant Partner that issues it, and any corresponding Rewards and Offers may not be used for goods or services from any other Merchant Partner (unless specified by the issuing Merchant Partner). The issuing Merchant Partner is solely responsible for its Loyalty Program, including for the quality of the goods and services obtained through the Loyalty Program, for ensuring that all Offers and Rewards, including redemption of Rewards, are in compliance with all National, State or local laws applicable to Loyalty Programs, Rewards, and Offers, and for any liabilities, injuries, losses or damages End User may suffer in connection with use of the Loyalty Program. The Users hereby expressly agree that KINDRED is not responsible for any Loyalty Program, Reward, or Offer, or for any other matter relating to a Loyalty Program and that KINDRED is not responsible for redemption or fulfilment of any Loyalty Program Reward or Offer. Merchant Partner may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of its Loyalty Program, including the Rewards and/or Offers offered or available, at any time. Unless expressly allowed by the Merchant Partner, Rewards and Offers cannot be combined with any other offers, certificates or promotions.
Rewards and Offers are only available as specified by the Merchant Partner and may be limited or restricted by conditions imposed by the Merchant Partner, including, but not limited to, time of use restrictions (such as day of week and hours of day), expiration dates, number of times End Users can use an Offer, total number of available Offers, etc. Unless otherwise specified by the Merchant Partner, Offers do not apply to tax, gratuities, shipping and handling charges, and the purchase of gift cards. Any Reward (including, but not limited to, any discounts provided therein) will expire on the date specified on it.
Reproduction, sale or trade of Rewards is strictly prohibited;
The Merchant Partner will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and End Users agree to (and shall) abide by those terms and conditions. The responsibility to do so is End Users alone.
KINDRED CONTENT AND LICENSE
The trademark “KINDRED”, “TapnEarn” and/or “TapnEarn” logo and “n” logo are trademarks of KINDRED and they may not be used in connection with any product or service other than those provided by KINDRED in any manner that is likely to cause confusion among End Users, or in any manner that disparages or discredits KINDRED. The Service also features the trademarks, service marks and logos of Merchants and other third parties, and each owner retains all rights in such marks. Any use of such marks, or any other displayed on the Service, will inure solely to the benefit of their respective owners.
KINDRED hereby grants you a personal, non-transferable, non-exclusive, revocable, limited license (License) to access and use the Services as made available through the Website and the Mobile Application during the Term (as defined below) of this Agreement solely for your personal, non-commercial use and solely for the Purpose. Use, reproduction, modification, distribution or storage of any KINDRED Content for other than personal, non-commercial use and other than in connection with the Service is expressly prohibited without prior written permission from us or from the copyright holder identified in such content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any KINDRED Content for commercial use, for non-commercial use other than in connection with the Service, or in any way that violates our rights or any third party rights.
USER/MERCHANT CONTENT AND LICENSE
All content added, created, uploaded, submitted, distributed or posted to the Service or the Websites or Applications by you, whether publicly posted or privately transmitted, is your sole responsibility. You are solely responsible for your Account, password, profile, messages, notes, text, information, opinions, ideas, menu’s, photographs of outlets, rate cards, price lists, photographs/images of the outlets and any other content you post, upload, submit, distribute, publish or display on or through the Websites or Applications, or transmit to or share with other Users of our Service (collectively “User/Merchant Content”) and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Any User/Merchant Content that is posted will not be treated as confidential. If you are involved in a dispute with one or more Users, you hereby expressly release KINDRED (including our officers, directors, shareholders, affiliates, agents and employees) from all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute. You may delete or remove your User/Merchant Content on your own (as applicable) or by requesting KINDRED. When your User/Merchant Content is deleted, it may be removed from the Service, Websites or Applications, however, you acknowledge that any removed User/Merchant Content may persist in backup copies for a reasonable period of time (but will not be shared with others post removal).
When you post or otherwise make available any User/Merchant Content for inclusion on any part of the Service, Websites or Applications, you are granting KINDRED an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty free, worldwide license to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such User/Merchant Content for any purpose, commercial, advertising or otherwise or in connection with the Service or in promotion thereof, in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such User/Merchant Content, and to grant authorize sublicenses of the foregoing. You represent and warrant that you have all the rights to grant the aforesaid license to us and other Users without violation of any third party rights, including without limitation any, privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights and that you will not provide any User/Merchant Content to which you do not have the full right to grant the license specified herein above. You represent and warrant that KINDRED is free to exercise its rights to and/or implement your User/Merchant Content if it so desires, without obtaining permission or license from any third party and without reference to you or any other party. For clarity, the foregoing license granted to us and our Users do not otherwise affect your ownership or license rights in your User/Merchant Content.
Under no circumstance shall any disclosure of any User/Merchant Content to KINDRED be subject to any obligation of confidentiality or exception of compensation or contribution. You understand that all information publicly posted or privately transmitted through the Websites or Applications is the sole responsibility of the person from which such User/Merchant Content originated; that KINDRED will not be liable for any errors or omissions in any User/Merchant Content; and that KINDRED cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service. KINDRED cannot guarantee the authenticity of any User/Merchant Content or data that Users may provide about themselves. You acknowledge that all User/Merchant Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
When you use the Websites or Applications, send an email or SMS or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We will communicate with you by email or by SMS or by notifications on the Service or electronic records on the Websites or Applications which will be deemed adequate service of notice / electronic record.
FEES AND SERVICES
Fees for End Users: Use of the Service, Website and Application for End Users is free. KINDRED does not charge any fee for browsing and/ or usage of the Services to End Users. KINDRED may at its sole discretion introduce new services and modify some or all of the existing Services offered. In such an event, KINDRED reserves the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policies shall be posted on the Website and/or Mobile Application and such changes shall automatically become effective immediately after they are posted on the Website and/or Mobile Application. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to KINDRED within such time as specified in the invoice.
KINDRED reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Service and refuse to provide you with access to the Service in case of non-payment of fees by you to KINDRED, as and when applicable.
Fees for Merchant Partners: In order to be able to manage and offer the TapnEarn Merchant Loyalty Program to End Users, the Merchant Partner has to pay a fees, details of which are provided in the Merchant Partner Agreement entered into between KINDRED and the Merchant Partner.
USE OF THE SERVICES
You agree, undertake and confirm that your use of the Websites and/or Applications shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
Unless specifically requested by KINDRED, is “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions including physical, physiological and mental health conditions, passwords, biometric information, credit cards, debit cards, other payment instruments, bank accounts or other financial information, other information concerning trade union membership, sex life, sexual orientation, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters) belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
User/Merchant content that may infringe any patent, trademark, trade secret, copyright or other intellectual property rights or proprietary right of any party. By posting any User/Merchant Content, you represent and warrant that you have the lawful right to distribute and produce such User/Merchant Content;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
shall not be false, inaccurate or misleading;
shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
UNAVAILABILITY OF WEBSITES OR APPLICATIONS.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the
Internet, the Websites and/or the Applications and the Service. While it is our objective to make the
Websites and Applications accessible at all times, the Websites and/or Applications may be unavailable
from time to time for any reason including, without limitation, routine maintenance. In addition, various
portions of the Websites or Mobile Applications may operate slowly from time to time. You understand
and acknowledge that due to circumstances both within and outside our control, access to the Websites
and/or the Applications may be interrupted, suspended or terminated from time to time. In particular, and
not in limitation of the foregoing, KINDRED shall not be liable in any way for any delay in responding to
any inquiry or question forwarded by You or the effects any delay or unavailability may have on You.
YOU AGREE THAT KINDRED SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITES AND/OR APPLICATIONS AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITES AND/OR APPLICATIONS.
THIRD PARTY SITES AND SERVICES
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Websites. When you access third party websites, you do so at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by KINDRED or any association with its operators. You further acknowledge and agree that KINDRED shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party website or resource.
Without limiting other remedies, we may limit your activity, immediately remove your User/Merchant Content, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website and/or Applications in the event and remove any non-compliant User/Merchant Content, but not limited to:
if KINDRED is unable to verify or authenticate any information you provide; or
if it is believed that your actions may cause legal liability for you, other Users or KINDRED; and
if KINDRED believes that you have breached any applicable law.
If you breach the User Agreement or the documents it incorporates by reference, KINDRED reserves the right to recover any amounts due and owing by you to KINDRED and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
KINDRED may terminate your access to all or any part of the Service, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use.
Should you ever decide to delete your TapnEarn Account, you may do so by sending an email (from your registered email id) to firstname.lastname@example.org stating explicating your desire to “opt-out” of the TapnEarn Program. Upon receipt of your request to “opt-out”, we will send you a confirmation email. Please note that upon termination of your Account, you will have no future access to TapnEarn services including any unused points you have accrued, any activities you have undertaken on the TapnEarn platform and any promotional offers you may have received.
Save to the extent required by law, KINDRED has no special relationship with or fiduciary duty to you. You acknowledge that KINDRED has no control over, and no duty to take any action regarding: which Users gain access to the Service; what User/Merchant Content you access via the Service; what effects the User/Merchant Content may have on you; how you may interpret or use the User/Merchant Content; or what actions you may take as a result of having been exposed to the User/Merchant Content. You release KINDRED from all liability for you having acquired or not acquired User/Merchant Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. KINDRED makes no representations concerning any User/Merchant Content contained in or accessed through the Service, and KINDRED will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen Users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of Users or the veracity of any information Users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or anyone else’s conduct in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person.
THE WEBSITES, APPLICATIONS, SERVICE, KINDRED CONTENT AND USER/MERCHANT CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
KINDRED, AND ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITES, APPLICATIONS, SERVICE, KINDRED AND USER/MERCHANT CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LOSS
In no event shall KINDRED or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Websites, Applications and, its Services or this Agreement (however arising, including negligence).
KINDRED's liability in any circumstance is limited to the amount of fees, if any, paid by you to KINDRED.
If you believe any material available via the Websites or Applications infringes a copyright you own or control, you may file a notification of such infringement with our Grievance Officer as set forth below.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the applicable law, KINDRED has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, Users who are deemed to be repeat infringers. KINDRED may also, in its sole discretion, limit access to the Websites and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Dispute Resolution- If any dispute arises between you and KINDRED during your use of our Service or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by KINDRED. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, (inclusive of any amendments) shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Force Majeure- KINDRED is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under: Mr. Anuj Duggal (email@example.com)
Copyright © KINDRED TECHNOLOGIES PVT. LTD., 2015. ALL RIGHTS RESERVED