You acknowledge and accept that the App serves as a mere venue for the online display and exchange of user submitted information between Service Providers and Service Users. Thus, the App gives You access to valuable information free of cost, and by downloading, installing, accessing, updating, upgrading, or otherwise using (Collectively referred as “Interacting”, “Interaction” or “Interact”) the App, You consent to:(1) fully accept and abide with the Trice ToU, (2) use the Services only in the manner and purpose stated in the TRICE ToU, and (3) authorize the transfer of payment for any Services requested through the App.
If You do not agree with all the provisions of the Trice ToUin entirety, do not Interact with the App. By Interacting with the App, You indicate that You accept the Trice ToU and that You agree to abide by them.
- “Account Information” shall mean Your information, including Personal Information (defined below), that We may requirein order for You to use Our Services (as defined in Section 1.5).
- “Login Credentials” shall mean the login credentials of the User (as defined in Section 1.7), such as user IDand password, that enable You to access the App and/or use the Services listed on the App (as defined in Section 1.5).
- “Personal Information” shall mean any information that relates to a natural person, including financial information, Biometric information, etc., which, either directly or indirectly, in combination with other information available, or likely to be available, to a body corporate for providing Services, is capable of identifying such person.
- “Profile” shall refer to the App account that contains Your Account Information. For the purposes of clarity, in order to Interact with the App,You must first use the Login Credentials to access the Profile.
- “Services” refers to theonline display and exchange of User submitted information relating to:(1) food delivery,(2) Subscriptions, (3) Classifieds and (4) a platform for exchange of goods and/or services between the Service Providers and Service Users,along with the functionalities and features in the App that enable the above exchange, to the extent the App permits such App usage for the above functions.
- “SPD”or “Sensitive personal data” shall have the meaning assigned to this term under the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
- “User” or “You” or “Your” or “Yours” (non-case sensitive, and plural usage included) shall refer to all the Service Users and the Service Providers (as defined above),along with any third-party who uses the App in any way whatsoever, that includes any legal person who contributes any information, content, private and public messages, advertisements and any other materials or services on the App.
Trice ToU Of Services
- License to Access: TRICE hereby grants You only a non—exclusive, revocable license to use the App,as further detailed in Clause 4.4 below, provided that: (1) You will not copy, distribute, or make any derivative works of the App in any medium, without TRICE’s prior written consent, (2) You will not alter or modify any part of the App,other than as may be reasonably necessary to use the App for its intended purposes, and (3) You will act in accordance with the terms and conditions of the TRICE ToU, especially Content Usage (Clause 2.3), General Usage Policies (Clause 2.4) and Access to the App (Clause 4),as well as in accordance with all applicable laws.
- Content Usage.You shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to, or relates to another User, and to which You have no right of access.You shall not make use of any information on the App, that is offensive, defamatory, obscene, blasphemous, hateful, racially and ethnically inciteful, unlawful, threatens public health or safety, or violates any law that is in force, in any manner whatsoever.
- General Usage Policies:(1) You shall not collect or use any personal information, provided on the App, and belonging to another User, to impersonate or misrepresent such User, or to deceiveor menace a third party, or for any commercial solicitation purposes,(2)You shall not use any information, provided on the App and belonging to another User(s)that is in breach of applicable law, including the Information Technology Act, 2000 (as amended), (3) You shall not take any action that unreasonably encumbers the App’s infrastructure or interferes or attempts to interfere with the proper functioning of the App or the delivery of the Services, (4) You shall not use any automated system, using, but not limited to, “robots”, “spiders”, “offline readers”, etc. to access the App for any purpose, without TRICE’s prior written approval, (5) You shall not in any manual or automated manner collect Service Providers or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, through, but not limited to, a “mirrored”, competitive, or third party site, and (6) You shall not in any way transmit more request messages to the App servers in a given period of time than a human can reasonably produce in the same period by using conventional methods.TRICE reserves the right to revoke the above restrictions, either generally or in specific cases.
- Rules for Service Providers: Service Providers shall not: (1) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering, (2)misrepresent the location at which they will provide the Service, (3)include any information in their Profile which is fraudulent or misleading, (4) offer a catalog or link to a third-party website from which Service Users or any other User may obtain the Service directly, (5) exceed posting limits, as may be specified by TRICE, (6) post a single Service but offer additional identical Services in the Service description and (7) offer the opportunity, directly or indirectly using the App, to promote or purchase the Services or any other services outside of the App.
- Fees: TRICEreserves the right to charge fee(s) from the Service Users and/or the Service Providersat any point in time for accessing its services, at its sole discretion. The Service Users and/or the Service Providerswill have the choice to discontinue the App usage, or by continuing to use the App in any manner whatsoever, signify their consent to pay the fees to TRICE promptly and in full.
- Cancellation of Services. In the event You cancel Our Services, upon Interacting with the App and requesting for such Services and Us confirming to provide such Services, We may charge You a penalty for such cancellation. We shall have the right to collectsuch cancellation chargesfrom You, either by retaining a certain amount from the paid amount for such Service, or in case of post-payment, charging on-demand or on the next Service availed by You on the App.
- User Consent to use Account Information. You understand, acknowledge and give Your full and unconditional consent to:
- Your Account Information being permanently retained on a computer database that shall be maintained, owned, and controlled by Us.
- Your Account Information being shared or made available, with any other third-party entity that enters into a commercial relationship with Us.
- Your Account Information being shared in its original form, or as part of or aggregated form, with other third-party entities.
- Your Account Information being shared with Our partners and affiliates.
- Receiving links to third-party websites and services, and/or display advertisements for third party Entities, which have entered into a commercial relationship with Us (collectively, “Third-Party Links & Advertisements”).
- Receiving option(s) that allow you to grant permission to Trice,for your ease of access to Trice’s support services, by adding the support number of Trice on your device.
- Representations and Warranties of the User. You represent and warrant to Us at all times that:
- You are atleast 18 years of age at the time of using the App and/or Services.
- You shall not use the App or any of the Services or the personal information of other Users, available on the App,beyond the contemplated functionality and purpose of either the App or the Services.
- You shall not attempt to gain unauthorized access or in any way, exceed the authorized access, to the App or any of the Services or any networks, servers or computer systems connected to the App or Services, for any commercial or unlawful purposes.
- You shall not use the App or any of the Services or the personal information available on the App, in a way that may damage or impair (i) the App or the Services, or (ii) Our underlying systems and security.
- You shall not use the App or any of the Services or any information on the App, including any personal and sensitive information available on the App,in any unlawful manner, or in a mannerwhich promotes or encourages illegal or fraudulent activity, including (without limitation) intellectual property infringement or data theft.
- You shall not re-sell, in any medium, any part of the App or Services, that have been availed by You, for Your personal consumption.
- You shall not useany of Our intellectual property, including but not limited to, copyrighted content displayed on the App for implementation of the Services,or for any personal or third-party gain, without Our express consent or authorization.
- You shall not modify, adapt, translate or reverse engineer any part of the App or the Services (e.g., by creating a shadow site or App that mirrors the said Services, or substantially mirrors said Services).
- Registration/Creation of Profile
- Account Creation and Deletion. In order to use Our App or avail Our Services, You must sign up and create a Profile, which would include Your personal information. You may delete Your Profile at any time, for any reason, by following the instructions provided on the App. However, You must note that We reserve the right to retain Your Account Information in an anonymous form, and any other information provided on an “as-is” basis. In relation to the Account Information, You represent and warrant that: (a) all of the Account Information You submit to Us is truthful and accurate; (b) You will maintain the accuracy of the Account Information that You provide Us with at all times; And (c) You will update any and all changes in the Account Information.
- User Responsibilities. You are responsible for maintaining the confidentiality of Your Login Credentials and are fully responsible for all activities that occur under Your Profile (e.g., once logged in). You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Profile, or any other breach of security, in relation to Your personal information on the App. Upon such notification from You, We may, at best, assist You to change Your password. Beyond assisting You to change Your password,We cannot offer any other assistance in respect of such unauthorized use. In addition, Wewill not be liable for any loss or damage arising from Your failure to comply with the above requirements.
- Access to the App
- Certain Restrictions. The rights granted toYou in these Trice ToU are subject to the following restrictions: (a) except as otherwise authorized, You shall not license, sell, re-sell, rent, lease, transfer, assign, distribute, exchange, host, or otherwise commercially exploit the App and/or its Services or the personal information of Users available on the App, whether in whole or in part, or any content displayed on the App; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App and/or its Services, or the personal information of other Users, available on the App; (c) You shall not access the App and/or its Services, or the personal information of other Users, available on the App in order to build a similar or competitive website, app, product, or service; and (d) except as expressly stated herein, no part of the App and/or its Service, or the personal information of other Users, available on the App, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the App shall be subject to these Trice ToU. All copyright and other proprietary notices on the App must be retained on all copies thereof.
- Modification, Suspension or Discontinuation. We reserve the right, at any time and in its sole discretion, to change, modify, suspend, or discontinue the App (in whole, or in part) or any of its Services (in whole, or in part), with or without notice to You, in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You or to any third party for any change, modification, suspension, or discontinuation of the App or its Services, or any part of the App or its Services thereof.
- No Support or Maintenance. You acknowledge and agree that We will have no obligation to provide You with any support or maintenance in connection with the App and/or its Services, or in relation to, any issue related to any information, including any personal and sensitive information, provide by You to Us.
- Excluding Your Account Information, You acknowledge that the App and/or its Services itself, the entire content in the App and/or its Services, and all the intellectual property rights, including copyrights, patents, designs, trademarks and trade secretsin relation to the App and/or its Services are solely owned by Us. These Trice ToU do not transfer to You or any third party any rights, title or interests in, or to such, intellectual property rights, except for the limited access rights that are required to use the App or its Services.
- Personal Information
- Risks. Except as otherwise provided in Our Trice ToU or the related rules, if any, We do not accept any risks associated with the use of any of Your Profile or Account Information, including any reliance on its accuracy, completeness or usefulness. You hereby represent and warrant that the Account Information, or any other information, whether personal or sensitive, provided to Us through an email, support forum on the App, etc. (“Other Information”) does not violate Our ‘Acceptable Use Policy’clause below. You may not represent or imply toany person or entity,in any way whatsoever, that the Account Information or Other Information that You provide Us with is sponsored or endorsed by Us in any manner. Because You alone are responsible for Your Account Information and the Other Information that You provide Us with.You may expose Yourself to liability if, for example, the Account Information or Other Information violates the ‘Acceptable Use Policy’ clause. You must note that We are not obligated to create a backup copy of Your Account Information or Other Information that You provide Us with.We will not be held liable or responsible for the deletion of the Account Information or any Other Information that You provide Us with. You are solely responsible for creating and maintaining Your own backup copies of Your Account Information or the Other Information that You provide Us.
- Acceptable Use Policy. The following Trice ToU constitute our “Acceptable Use Policy”:
- You agree not to use the App and/or its Services to collect, upload, create, transmit, display, or distribute the Account Information or Other Information in any way such: (i) that it violates any third-party right, including any copyright, trademark, patent, design, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) that it is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (iii) that it is hateful, violent, discriminatory, defamatory, racially or ethnically objectionable,unlawful, obscene, sexually suggestive, or pornographic.
- In addition, You agree not to: (i) display, upload, modify, transmit, publish, or distribute to, or through the App, any computer viruses, worms, or any software codes, files or programs, intended to damage, limit or alter a computer system or data; (ii) manipulate the App to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) manipulate the App to harvest, collect, gather, or assemble information or data, personal or sensitive regarding any other users or individuals, including their e-mail addresses, with or without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the App or the data hosted within the App, or violate the regulations, policies, restrictions or procedures of such networks; (v) attempt to gain unauthorized access to a third party’s informationon the App (or to other computer systems or networks connected to or used together with the App), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the App and/or it Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the App.
- We reserve the right to review Your Account Information or Other Information from time to time, and to investigate and/or take appropriate action against You if you violate the ‘Acceptable Use Policy’ clause, or any other provision of these Trice ToU, or otherwise create liability for Us or any other person or Entity, in Our sole discretion. Such action may include removing or modifying Your Profile, terminating Your Profile in accordance with the ‘Term and Termination clause’ and/or reporting You to law enforcement authorities.
- If You provide Us with any feedback or suggestions regarding the App and/or theServices(hereinafter “Feedback”), You hereby assign to Us all rights in such Feedback and agree that We shall have the right to use and fully exploit such Feedback and related information in any manner We deem appropriate. We will treat any Feedback You provide to Us as non-confidential and non-proprietary; therefore, it is in Your interest to not submit to Us any information or ideas that You consider to be confidential or proprietary.
SUBJECT TO APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE US (INCLUDING WITHOUT LIMITATION OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE, THAT ARISES OR HAS ARISEN, DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE APP AND/OR ITS SERVICES (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER USERS, OR ANY THIRD-PARTY LINKS & ADVERTISEMENTS). FURTHER, IF YOU HAVE A DISPUTE WITH ONE OR MORE USER(S), YOU FOREVER RELEASE TRICE (INCLUDING, WITHOUT LIMITATION, THE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, AND ASSIGNS), FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF THE APP AND/OR THE SERVICESAND/OR ANY SUBMITTED CONTENT.
- Disclaimer of Warranties
- YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED BY LAW AND FOR THE SAME, TRICE AND/OR THE TRICE AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES IN CONNECTION WITH THIS APP, THE SERVICES OFFERED ON OR THROUGH THIS APP, ALL SUBMITTED CONTENT ON, AND IN RELATION TO, THIS APP AND/OR SERVICES. UNLESS OTHERWISE STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DATA, MATERIAL, INFROMATION, SUBMITTED CONTENT AND/OR SERVICES CONTAINED OR PRESENTED ON THIS APP IS PROVIDED TO YOU ON AN “AS-IS”, “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TRICE DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SERVICE PROVIDERS OR ANY OTHER THIRD PARTY THROUGH THE APP, OR ANY HYPERLINKED SITE, OR OTHER ADVERTISEMENT. TRICE IS, AND WILL NOT BE, A PARTY TO OR IN ANY WAY RESPONSBILE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROVIDERS. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, LEGAL, SAFE, OR FREE OF VIRUSES OR ANY OTHER HARMFUL CODE. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- BY ACCEPTING THESE TRICE TOU, YOU ACKNOWLEDGE AND AGREE THAT THERE ARE NO FIDUCIARY DUTIES OR OBLIGATIONS BETWEEN YOU AND US.
- WE WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTRACT, THE LAW OF TORTS OR UNDER ANY OTHER APPLICABLE LAW OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS APP:
- TO THE EXTENT THAT THE APP IS PROVIDED FREE-OF-CHARGE, FOR ANY DIRECT LOSS;
- FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR
- FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA, OR SECURITY INTRUSION.
- Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRICE, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS (COLLECTIVELTY, “TRICE AFFILIATES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS OR LOST/STOLEN DATAARISING FROM, OR RELATING TO, THETRICE TOU; OR YOUR USE OF, OR INABILITY TO USE, THE APP AND/OR ITS SERVICES AND/OR SUBMITTED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACCESS TO, AND USE OF, THE APP IS AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, INCLUDING YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF ANY DATA, INCLUDING ACCOUNT INFORMATION, RESULTING THEREFROM. THE FOREGOING LIMILITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- NOTWITHSTANDING ANYTHING STATED HEREIN, ALL EXCLUSIONS IN THIS LIMITATION OF LIABILITY CLAUSE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW (E.G., SOME JURISDICTIONS MAY NOT PERMIT EXCLUSION OF LIABILITY FOR FRAUDULENT MISREPRESENTATION).
- Third-Party Links & Advertisements
- Third-Party Links & Advertisements. The App may contain links to Third-Party Links & Advertisements. You acknowledge and agree that such Third-Party Links & Advertisements are not under Our control, and therefore We shall not be responsible, in any manner, for any transactions related to Third-Party Links & Advertisements. You must note that We provide access to these Third-Party Links & Advertisements only as a convenience to You, and We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Advertisements, in any manner whatsoever. You shall use all Third-Party Links & Advertisements at Your own risk and should apply a suitable level of caution and discretion in doing so. When You click on any of the Third-Party Links & Advertisements, the applicable third party’s terms and policies apply to You, including the third party’s privacy and data gathering practices. You should independently undertake whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Advertisements.
- User’s Note. You acknowledge and agree that We will not be responsible for any loss or damage that You may incur as a result of Your Interaction with Our App, or the use of Services, or the manipulation of Account Information and Other Information. If there is a dispute between You and any other User, We are under no obligation to become involved and resolve the dispute for You.
- Term and Termination
- Subject to this ‘Term and Termination clause’, thisTrice ToU will remain in full force and effect while You use the App and/or any of its Services, in any way whatsoever.
- We may suspend or terminate Your rights to use the App (including your Account) at any time and for any reason, at Our sole discretion, including for any use of the App and/or its Services in violation of thisTrice ToU.
- Upon termination of Your rights under thisTrice ToU, Your Profile and right to access and use the App and/or its Services, will terminate immediately. You understand that any termination of Your Profile may involve deletion of the Account Information and Other Information associated with Your Profile from all Our databases. We will not have any liability whatsoever to You for any termination of Your rights under these Trice ToU, including for termination of Your Profile.
- TRICE not party to any Service contract with the Service Users: TRICE is not a party to any oral or written agreement for service, or any contract entered into between Service Users of the App in connection with any Service offered, directly or indirectly, on the App. Each Service User acknowledges and accepts that TRICE only provides a platform wherein the Service Providers and Service Users can be brought together, and TRICE itself has no role in the execution, or provisioning, of any Services as a result thereof.
- No Agency: All Service Providers are merely independent contractors and no agency, partnership, joint venture or employment is created between TRICE and any Users, including Service Providers, through the TRICE TOU or any related rules. TRICE does not direct or control the day-to-day activities of any of the Users, or create or assume any obligations of behalf of any of the Users.
- ThisTrice ToU are subject to occasional revision, and if We make any substantial changes, We may notify You by sending You an e-mail to the last e-mail address You provided to Us (if any), and/or by prominently posting notice of the changes on Our App or on a corresponding website. You are responsible for providing Us with Your most current e-mail address. In the event that the last e-mail address that You have provided Us is not valid, or for any reason is not capable of delivering to You the notice described above, Our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to thisTrice ToU may be made without any advance notice to You. These changes will be effective immediately for new users of Our App. The continued use of Our App following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the Trice ToU and conditions of such changes.
- Electronic Communication.You (a) consent to receive communications from Us in an electronic form; and (b) agree that all Trice ToU and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing.
- Entire Trice ToU.ThisTrice ToU constitute the entire agreement between You and Us regarding the use of the App and/orthe Services. In the event that a separate agreement is entered into by Trice and the Users (e.g., by way of memorializing the relationship between a vendor of Services, aka, the Service Provider, and Trice), such agreement is to be read in conjunction with this ToU, to the extent that the provisions of the said agreement and this ToU do not conflict with each other. In the event that there is a conflict in the provisions of the said agreement and this ToU, the terms of that said agreement shall prevail.
- Waiver. Any waiver of Our rights or remedy under thisTrice ToU shall only be effective if it is in writing, executed by Our duly authorized representative, and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under thisTrice ToU shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right, or remedy, or other rights or remedies.
- Headings and Interpretation. The section titles in thisTrice ToU are for convenience only and have no legal or contractual effect. The words “including” and “includes” means “including without limitation”.
- Severability. If any provision of these Trice ToU is, for any reason, held to be invalid or unenforceable, the other provisions of these Trice ToU will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Relationship between You and Us. You confirm that You are acting on Your own or behalf of another person.
- These Trice ToU, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. However,You acknowledge and agree that We reserve the right to freely assign Our rights and obligations under thisTrice ToU to whomsoever We please. The Trice ToU and conditions set forth in thisTrice ToU shall be binding upon assignees.
- Governing Law and Jurisdiction. ThisTrice ToU and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws prevalent in India. You agree that the courts of Hyderabadshall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to,thisTrice ToU.
- Copyright/Trademark Information. Copyright ©2019 Trice Community Technologies LLP. All rights reserved. All intellectual property, including trademarks, logos and service marks (“IP”) displayed on the App are Our property or the property of other third parties. You are not permitted to use this IP without Our prior written consent.
- Contact Information. If You wish to contact Us in writing, or if thisTrice ToU requiresYou to give notice to Us in writing, please contact Us at firstname.lastname@example.org.