IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS LICENSE AGREEMENT AND PRIVACY POLICY ("AGREEMENT") AND BY CLICKING THE "ACCEPT" BUTTON LOCATED AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT MENTIONED HERE IN BELOW. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THE CONDITIONS IN THIS AGREEMENT, PLEASE CLICK THE "DECLINE" BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE SOFTWARE WILL NOT BE INSTALLED ON YOUR DEVICE.
YOU MAY, IF YOU SO WISH, SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
1. GENERAL
This Mobile Application Software End User License Agreement (EULA) (hereinafter "License" or "License Agreement") is entered between KLIKKS INNOVATIONS LLP ("Company," "we," "us," and "our") and You and applies to Your use of the “MeriPheri” software application, all related documentation that accompanies this software application (collectively, the "Software" or “App”) and any of the services accessible through this software application (“Services”). The Software is a mobile and tablet device ("Device") application software that is downloadable through a third-party platform or service provider ("Distributor").
The App, and Your use of the App, is also subject to the Company's Privacy Policy set out below, which explains what information may be collected by Company from Your use of the App and how Company may use and disclose such information.
Company reserves the right to modify this License at any time by sending You a notification in the App and/or publishing the revised License on the App/or by any means available. Such change will be immediately effective and Your continued use of the App thereafter NOTIFICATION means that You accept those changes along with all the effects and modifications thereafter.
The App is designed to facilitate information about the (location of mobile street vendors on handcarts or otherwise selling specific goods in a certain locality at a given point in time, who have opted for the registration with KLIKKS INNOVATIONS LLP.
Your use of the Services will be deemed as a representation made by You of the fact that You are an adult and are legally competent to contract.
We reserve the right to alter or modify these Terms at any time without giving prior notice/ intimation to You by any communicable means. Your use of the App, and/or any Services offered by KLIKKS INNOVATIONS LLP, constitutes Your unconditional acceptance of these Terms. We also reserve the right to post supplementary terms for any Services that may be offered. In such an event, your use of the Services will be governed by these supplementary Terms as well as any such previous Terms.
Your registration with us, signify Your acceptance of these Terms & conditions. If You do not agree to these Terms & Conditions or any future alterations or modifications to these Terms & Conditions, you must immediately discontinue use of the App and any Services offered by it. You are also free to discontinue use of the App at any time by uninstalling the App from Your mobile phone / Tablet.
If any of these Terms & Conditions, is determined to be unlawful, void, or unenforceable for any reason by any judicial or quasi – judicial body in locations where this App is used, it will not affect the validity and enforceability of the remaining Terms. Our failure to act with respect to a breach of any of these Terms & Conditions, by You does not waive our right to react lawfully currently or in future with respect to any breaches.
We reserve the right to suspend or terminate Your access to all or any of our Services at our sole discretion, at any time without giving You prior notice. We also reserve the right to suspend, add, modify, or discontinue any or all Services available on the App at our sole discretion at any time without giving You prior notice. In such an event, You agree and give Your consent to the fact that we will not be liable for any damage/liability incurred by You or any third party.
2. FEATURES
The App allows subscribers to reach out to mobile street vendors selling food /other products in their area by determining a subscriber’s GPS co-ordinates from the subscribers’ location enabled mobile phone/Tablet. It enables subscribers to select the items they wish to purchase, if the Street Vendor has Updated the same (i.e. Products) on regular basis. Once selected and confirmed, the App alerts vendors who have registered with Klikks Innovations LLP in nearby areas selling those items regarding requirements from location. When a vendor is within a predetermined distance of a prospective customer who has confirmed an item/items to buy, the App generates an alert by means of voice/SMS notification at the cost of prospective customer or vendor. The App facilitates vendors to improve their business by reaching out to more buyers and buyers to Purchase the goods at the predetermined location.
3. CONTENT
All content and material on the App including but not limited to information, images, marks, logos, animation and softwares (collectively referred to as “Content”) are protected by applicable intellectual property laws.
You may not Yourself or through a third person or through any automated program commit any act, implied or express, which violates any intellectual property right including copyright and trademark rights in any Content.
The App may contain third party Content or Content posted by other Users. In such case, we do not guarantee the accuracy, integrity, or quality of such Content. You agree that if You rely on such Content, You do so solely at Your own risk and liability.
Intellectual property rights in Content not belonging to us belong to the respective owners and any claims arising out of such Content must be directly addressed to the respective owners.
The App may contain links to third party resources. If You access any such resource, You will be subject to terms and conditions posted on it. We neither control nor are responsible for Content on such sites. The fact of a link existing on our App to any third-party resource is not an endorsement of that resource by us.
You understand that activities relating to such third-party resources are solely between You and such third parties. You understand and acknowledge that we will not be liable for any loss or damage You may incur as a result of any of Your transactions with such third parties.
4. YOUR RESPONSIBILITIES
You are legally responsible and liable for all Your activities on the App.
You may not extract or attempt to extract or otherwise modify Content on the App, or remove, obliterate, or obstruct any proprietary notices or labels.
By viewing or using the App or availing of any Services You agree that Klikks Innovations LLP will not be liable for any damage/liability for the usage of same.
During the registration process, You will be required to login through either Your Facebook or Gmail account or after creating your subscriber account directly on the App. You acknowledge that we may, at any time, verify the correctness of this information and in order to do so may require additional documentary proof from You failing which we reserve the right to take whatever action we deem appropriate with regard to Your registration with us.
You will not in any manner try to use subvert or modify the App and distribute Content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 in force in India) which may interrupt, destroy, or limit the functionality or disrupt any software, hardware, or other equipment.
You may not, through any service or facility provided by the App, promote the Services of any third party including any App which may be providing similar Services.
You may not impersonate another person or user in Your use or attempted use of the App.
You may not host, intercept, emulate or redirect proprietary communication protocols, if any, used by the App regardless of the method used, including protocol emulation, reverse engineering, modifying the App or any files that are part of the App. You may not add unauthorized components, create, or use exploits, bots, hacks, or any other third-party software designed to modify the App or use any third-party software that intercepts, mines, or otherwise collects information from or through the App or through any Services.
You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your user account, Content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from, or associated with the App or by using any Services.
During installation of the App, you may be required to change your device settings. By installing the App, you agree that you have approved such changes that may include allowing App updates of newer versions and notifications through voice/SMS that may be pushed to your Device from time to time as a part of the Services or otherwise.
5. SUBSCRIPTION
Your subscription to the App signifies and imply that You agree and consent to the following:
A. You represent and accept that You are eligible to contract under the Indian Contract Act, 1872 and that You have the legal capacity to enter into this Agreement.
B. You agree and acknowledge that we will take all steps necessary to determine whether Your subscription with us is in accordance with the terms and conditions laid down herein.
C. We reserve the right to prohibit Your access to the App should we have reasonable grounds to suspect that Your subscription with us is for any purpose other than the Services that You can avail of through the App.
D. You will be liable to comply with any applicable law while registering on the App. You agree to indemnify us against any claims, expenses or liabilities by any person or entity arising out of Your non-compliance of any applicable laws.
E. You acknowledge that Your telephone number registered with us is our primary method of contacting You and You agree to keep such address current and updated at all times.
F. You understand and agree that we reserve the right to suspend or terminate Your subscription with us solely at our discretion without incurring any liability to You whatsoever. However, should we have reasonable cause to believe that any fraudulent activity is being carried out involving Your account, we may, apart from terminating Your account and debarring You from future registration with us, take recourse to due legal process for mitigation of the fraud.
G. You acknowledge that your use of the App may require access to data by means of Internet connection. You agree to be solely responsible for data charges incurred by you for use of the App.
H. You acknowledge that Company may migrate to paid subscription for use of the App at any time by giving prior notice to you. If such an occasion arises, you agree to pay the subscription fee as specified to continue using the App or stop using the App should you opt not to pay such subscription fee.
6. INTELLECTUAL PROPERTY RIGHTS
The design of the App and the source code of the underlying applications are the property of the Company and are protected by appropriate intellectual property laws including but not limited to copyright and trademarks. Content on the App shall be deemed to belong to the Company.
You are prohibited from copying, adapting, distributing or reverse engineering the App or any of its associated application in any manner. Any of our content that is available may not be copied or used without due written authorization from us. Any violation of the terms of this section may result in us initiating appropriate civil and criminal proceedings against You.
7. DISCLAIMER AND INDEMNIFICATION
The Company expressly disclaims all warranties or conditions of any kind; express, implied, or statutory, including without limitation the implied warranties of title, non - infringement, merchantability, and fitness for a purpose.
You understand and acknowledge that the App is an automated platform or an interface for accessing certain services. Therefore, Your interactions and dealings with third party entities, if any, that You may find on or through our Services, whether commercial or personal, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such entities. You should make whatever investigation or precaution You feel is necessary before proceeding with any online or offline transaction with any such entity.
You agree not to make the Company responsible or liable for any loss or damage of any nature incurred as the result of such dealings. You understand and agree that Company has no obligation to and shall not become involved in the event of a dispute between subscribers on the App, or between subscribers and any third party. In the event of such a dispute with one or more other subscribers, You hereby release Company, its officers, employees, agents, and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way related to such disputes and / or the Services.
Without prejudice to the generality of the foregoing paragraphs, the App is not intended for functionalities listed hereinafter and by using the App, You understand, acknowledge, and agree that You will neither raise a dispute nor seek to make the Company liable for any of the following:
1. The App cannot and does not guarantee that vendors selling food products, perishable items or other goods will be available in Your area, immediately, as Vendors determine their routes independently without any interaction or input from the Company.
2. The App is not intended to nor does it facilitate home delivery services of any goods.
3. You are responsible for Your own, decision regarding quality, quantity, price, electronic transaction of money if any, safety, refunds, guarantee, brands, credit, character, exchange, co-ordination, contract, contact, personal safety of property, belongings, with mobile street vendors when doing any transactions with proximal vendors facilitated through the App.
4. The App cannot and does not guarantee that the goods indicated to be sold by a vendor, will be available by the time the vendor reaches Your locality.
5. The App does not accept or process any payment. All payments, refunds and financial activities relating to purchases from vendors are to be negotiated directly by You with the mobile street vendor.
6. Since the App is only an enabling platform to facilitate access and nothing more, all issues relating to quality of goods – whether perishable or not are matters between You and a vendor. The Company cannot and does not accept quality related complaints or issues.
7. Goods listed in the App are generic and are not brand specific. It is up to You to monitor or check brand of products/items You buy from a Vendor.
8. Since, the App only facilitates demand to be met with supply and nothing more, listing of goods/items being available with any vendor is not to be taken as legitimizing a vendor to be stationed at a locality or compliance with any other legal requirement applicable to vendors for their trade.
9. The App does not carry out any background verification of either vendor or purchaser and is not designed to assess or base its listings on any data analytics including credit history, purchasing power or sale history.
10. Since the App is merely a technology platform with specific scope, any dealing between You and a vendor is strictly a bilateral transaction between You and the vendor. The Company cannot and does not have knowledge or details of any transaction or interaction between You and a vendor and may not be held responsible for any fraudulent activity, personal injury, damage or injury to person or property in any manner whatsoever arising from or due to You connecting to a Vendor through the App.
11. Any trade of illegal or prohibited items using the App is expressly banned. If it comes to the knowledge of the Company that You or any vendor is involved in any such trade by using the App, the Company will block Your/Vendor’s use of the App and report the same to law enforcement authorities.
Company does not ensure or guarantee continuous, error-free, secure, or virus-free operation of the App or its Content, Your account or continued operation or availability of any facility on the App. You, voluntarily and with full knowledge, risk such contingencies as aforesaid when You install and subscribe to the App.
You agree that in the unlikely event of interruptions in the Services or Your mobile phone being adversely affected by any unintended and unwanted computer contaminants from the App, such outages would be with Your permission and that You will not file any claims for compensation under any law and any provisions for the same.
Additionally, Company does not promise or ensure that You will be able to access Your account whenever You want. It is entirely possible that You may not be able to access Your account or the Services provided by Company at times or for extended periods of time. Company also reserves the right to shut down the operations of the App permanently should it be compelled to do so due to unforeseen circumstances or for any reason not under the control of Company including but not limited to financial or regulatory issues. In such an event, You agree not to make Company liable in any manner.
You agree to assume the whole and entire risk as to the results and performance of any Services availed by You on the App as such result and performance depends on Your Internet connection, location software, among other things. Company expressly denies liability for any delay or failure that You may experience to access the App.
Company disclaims responsibility and liability for any harm resulting from suspension or deletion of Your account due to any reason whatsoever.
Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the App.
You agree to indemnify, defend, and hold Company harmless from all claims, damages and expenses made by any third party arising out of
a) Your use of the App, Your connection to the App, or
b) Your violation of any Terms & Conditions or Privacy Policy; or
c) Use of the App by any other person accessing the Services using Your user name or password, whether or not with Your authorization.
8. DISPUTE RESOLUTION
Any dispute, controversy or claim arising out of the Terms or Privacy Policy shall be settled by a sole arbitrator appointed by Company in accordance with the provisions of the Arbitration & Conciliation Act, 1996 in force in India. The place of arbitration shall be Mumbai and the language of arbitration shall be English. The applicable law shall be the laws of India. 9. AVAILABILITY
The App will be available only on the Android platform and downloadable through the Google Play Store and, additionally therefore, You are bound by the terms therein which are deemed to be incorporated into these terms by Reference.
PRIVACY POLICY
Company respects Your privacy and assures You that any information provided by You to Company is protected and will be dealt with according to this Policy. To avail the services offered on the App, You may have to agree to provide certain information to us. This includes Your
1. Valid Gmail address or Facebook ID
2. GPS Location
3. Mobile Phone number
You give explicit permission to Company to use and process such information to analysis and reporting pursuant to the functionality of the App. At no point of time will Company share such information with a third party without Your consent other than for the purposes for which the App is installed. If You do not login to the App for a consecutive period of 6 months, Your login information may be removed from Company’s systems.
When You install the App, certain information may also be automatically collected and stored, including:
1. The IP address of Your mobile phone, browser type and language.
2. The date and the time during which You accessed the App.
3. Your GPS location
4. Your app usage logs
When You visit the App, cookies may be left in Your mobile phone. A cookie is a small text file that uniquely identifies Your browser. The cookies assigned by the servers of Company may be used to personalize Your experience on the App. Additionally, cookies may also be used for authentication, management, and security purposes.
Cookies may also be assigned by the advertisers of Company when You click on any of the advertisements which may be displayed on the App in which case such cookies are controlled by these advertisers and not Company and by clicking advertisements you are liable for the consequences if any for the same.
When You login through Your email address with Company, You agree to receive email communication from Company and entities specifically authorized by Company and other users.
Company may also use software applications for App traffic analysis and to gather statistics, used for advertising and for determining the efficacy and popularity of the App, among others.
Information gathered by Company is stored securely using several information security applications including firewalls and industry standard encryption.
However, security is always relative and Company cannot guarantee that its security measures are absolute and cannot be breached.
Also, data which is transmitted over the Internet is inherently exposed to security risks or threats. Therefore, Company cannot guarantee any security for such information and You agree not to hold Company liable in the event of a security breach during transmission.
When You register with Company, You are responsible for maintaining the confidentiality of Your login information including Your username and password. If You become aware of or reasonably suspect any breach of security, including compromise of Your login information, it is Your responsibility to immediately notify Company. At no point of time will Company be liable for Your loss of password or loss of control over Your account.
The App may contain links to other resources. You also acknowledge that such third-party Apps are governed by their own privacy policies and Company does not exercise any control over them. It is Your responsibility to read and understand the privacy policy of such Apps when You follow a link outside Company.
Company may share Your login information with entities authorized by Company which may include advertisers and sponsors of Company who may, in turn, contact You by electronic mail or otherwise. Company conducts periodic analysis and survey of the traffic gathered from the App for market research and advertising purposes. Company reserves the right to share Your registration information with Company appointed market research and advertising companies or firms from time to time for the said purposes. Company may also use cumulative non-personal information for auditing and analysis purposes with the aim of improving its services.
Company may share personal information with potential and subsequent business partners if Company ever files for bankruptcy or becomes insolvent or is acquired by a third party, merges with a third party, sells all or part of its assets, or transfers substantially all or part of its relevant assets to a third party. Company may also share personal information with third party service providers for verification of identification details from time to time. Additionally, Company may share all data including personally identifiable information if sharing of such information is necessary:
1. to comply with legal processes or governmental request, or
2. to enforce the Terms of Use and this Privacy Policy, or
3. for prevention of fraud, or
4. for issues involving information security, or
5. to protect
a. Your rights;
b. the rights of Company; and
c. the rights of the general public
Company confirms that this Privacy Policy is only a description of its operation regarding user information. This Policy is not intended to and does not create any legal rights in Your favour or in the favour of any other person. Company reserves the right to change this Policy at any time without giving You prior notice.
When You register with us, You consent to accept this Privacy Policy. You may, at any time discontinue use of the App if do not agree to these Terms or Privacy Policy.
The Company has appointed Ms. Bhatia as its grievance officer for the purposes of any grievance related to privacy related queries or grievances. The grievance officer may be contacted at infoklikks@gmail.com by email setting out the exact grievance for effective resolution.