“The Services” constitute a technology platform that enables users of RapL or Websites provided as part of the services (each, an “application”) a service tool to receive interest based notifications including independent third party service providers under agreement with Linkstreet or its affiliates.
Linkstreet understands the importance of keeping the information about you that you entrust to us Confidential and secure (“Customer Information”). The information we collect may include your personal information, in other words information capable of identifying you as a particular individual, such as your name, phone number and email address. We therefore make it our highest priority to ensure that we look after your information and use it responsibly. By using the service or by providing your information to us, you accept and consent to the collection, storage and processing of your information. Linkstreet may collect your personal information (i) when you register an account (ii) when you purchase services on the Application (iii) when you participate in contests, competitions, questionnaires and surveys (iv) when you contact us (v) when you provide certain content to Linkstreet, for example testimonials and customer reviews (vi) from third party sources, for example credit checking agencies. Linkstreet may use your personal information for (i) responding to your queries (ii) for improving your Linkstreet experience and providing you with information about our services, special offers and promotions. Linkstreet will only share customer information with third parties for the purpose of data analysis, quality assurance including fraud prevention. Linkstreet uses leading technology and security measures (electronic, physical and procedural) to ensure the safety and confidentiality of customer information through collection, storage and disclosure. Such measures include maintaining a secure encryption based transmission system, intrusion detection and prevention software and virus software in respect of customer information. When you use the Linkstreet service, and only if you have consented thereto, we will utilize your geo-location information, on a real time basis. We use this information to allow you to view offers around you. We may also use this real-time geo-location information to address user support, technical, or business issues that may arise in the course of your use of the service. Your mobile device informs you when network based geo-location is utilized under the device location settings and by displaying the GPS arrow icon for GPS based locations.
Subject to your compliance with these Terms, Linkstreet grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Linkstreet and Linkstreet’s licensor’s. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Linkstreet’s company names, logos, product and service names, trademarks or services marks or those of Linkstreet’s licensor’s. The Services and all rights therein are and shall remain Linkstreet’s property or the property of Linkstreet’s licensor’s.
CONDITIONS OF USE
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Linkstreet; (iii) decompile, reverse engineer or disassemble the Services (iv) link to, mirror or frame any portion of the Services; (v)cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Application / Service. As a result, you may be charged by the mobile provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges may arise. You accept the responsibility for any such charges that arise. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Linkstreet in writing, you may only possess one Account.
THIRD PARTY SERVICES AND CONTENT
Linkstreet will use reasonable measures to make the Application/Service available at all times. However, you acknowledge the Application/Service is provided over the internet and mobile networks and so the quality and the availability of the Application/Service may be affected by factors outside Linkstreet’s reasonable control.
Linkstreet may terminate your use of Application at any time by giving notice of termination to you. Upon termination, (i) the rights and licenses granted to you herein shall terminate; (ii) you must cease all use of the Application/Service. After termination of your account we will anonymize your data, unless these data are necessary to comply with a legal obligation or resolve disputes.
LIMITATION OF LIABILITY
In no event will Linkstreet be liable for any direct, indirect, special, punitive, exemplary or consequential damages of whatsoever kind arising out of your use or access to the Application/Service, including loss of profit or the like whether or not in the contemplation of the Parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. Linkstreet is not liable to you for any damage or alteration to your mobile as a result of the installation or use of the Application/Service.
CODE OF CONDUCT
From time to time Linkstreet will run promotional offers on its platforms in the form of vouchers and discounts that can be applied to user accounts. Promotions that are offered as valid for new customers only may not be applied to existing accounts or individuals who already have a Linkstreet account, whether active or dormant. In all cases promotional vouchers cannot be transferred to other users. Vouchers may only be redeemed against the purchase of services on the Linkstreet platforms.
EXCLUSION OF LIABILITY
Linkstreet, its officers, agents and/or consultants have no liability whatsoever in contract, tort, or otherwise for your acts, omissions or opinions and is in no way responsible for the behavior or within any of the Partner’s premises. Neither we nor our Partners shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of Linkstreet Services. Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by your negligence (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the India (v) Linkstreet shall not be responsible for any delay or deficiency due to any force majeure events such as natural disasters, acts of terrorism, civil labor strike and other strikes.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by Law, and for the avoidance of doubt, save for Section 2 of The Supply of Goods and Services Act 1982, Linkstreet hereby disclaims all implied warranties with regard to the Application/Service. The Application and service are provided “as is” and “as available” without warranty of any kind.
You agree to indemnify and hold Linkstreet and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services (ii) your breach or violation of any of these Terms; (iii) Linkstreet’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
All disputes, differences and/or claims arising out of the Contract shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act,1996 or any statutory amendment thereof. The arbitration proceedings shall be held at Bangalore and shall be conducted in English Language. The award of the Arbitration shall be final and binding on you and Linkstreet. If you have questions about the Terms & Conditions, please contact us at email@example.com.