GENERAL
1.1 This App is published by or on behalf of M/s Rathi Agencies (“We” or “Us “) a Proprietorship registered in Delhi whose registered office at 31/3223, Beadon Pura, Karol Bagh, New Delhi-110005.
1.2 By downloading or otherwise accessing the App (DECOJEWEL) you agree to be bound by the following terms and conditions (“AppTerms“) and our privacy policy and our cookies policy. If you have any queries about the App or these Terms, you can contact Us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.
2. DEFINITIONS
The “Application” shall mean the software provided by M/s Rathi Agencies to offer services related to HOME FURNISHING ACCESSORIES AND ARTICLES, M/s Rathi Agencies services and its partners’ services, to be used on Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
3. DATA PROTECTION
Any personal information you supply to M/s Rathi Agencies when using the Application i.e. DECOJEWEL will be used by M/s Rathi Agencies in accordance with its Privacy Policy.
4. IDEAL-STANDARD.CO.UK
The Application allows you to access certain functionality available on the www.decojewels.in website. Such access will be governed by the Deco Jewels Standard Website Terms & Conditions and as per privacy policy.
5. PROPRIETARY RIGHTS AND LICENCE
5.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by M/s Rathi Agencies or by M/s Rathi Agencies’ licensors.
5.2. M/s M/s Rathi Agencies hereby grants you in the whole of Indian Territory, non-exclusive, royalty- free revocable licence to use the Application for your business and personal use in accordance with these AppTerms.
6. CONDITIONS OF USE
6.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
6.2. The Application is currently made available to you free of charge for your personal, non-commercial use. M/s Rathi Agencies reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these AppTerms, at any time and for any reason.
6.3. You acknowledge that the terms of agreement with your respective mobile network provider hereinafter referred as ‘Mobile Provider’ will continue to apply when using the Application. 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 as may arise. You accept responsibility for any such charges that arise.
6.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
7. AVAILABILITY
7.1. This Application is available to handheld mobile devices running Android OS Operating Systems. M/s Rathi Agencies will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside M/s Rathi Agencies reasonable control.
7.2. M/s Rathi Agencies, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
7.3 M/s Rathi Agencies will not be responsible for any support or maintenance for the Application.
8. INTELLECTUAL PROPERTY RIGHTS
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material “) is owned by M/S RATHI AGENCIES. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Future’s express permission.
The trademarks, service marks, and logos (“Trade Marks “) contained on or in the App are owned by M/S RATHI AGENCIES PROPERIETERSHIP. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of M/S RATHI AGENCIES PROPERIETERSHIP or the relevant person authorized by the said proprietorship
9.PHISHING
Identity theft and the practice currently known as "phishing" are of great concern to Platform. Safeguarding information to help protect You from identity theft is a top priority. We do not and will not, at any time, request your credit card information or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.
10. LINK TO THIRD PARTIES
The App may contain links to websites operated by third parties (“Third Party Websites “). M/S RATHI AGENCIES PROPERIETERSHIP may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, M/s RATHI AGENCIES PROPERIETERSHIP does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
11. SYSTEM REQUIREMENTS
11.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
11.2. The Software Requirements are as follows: Android OS devices running Android OS 2.1 up to latest Android OS and upgradable as per the terms and conditions of the App (AppTerms) in language: English, Italian, German, Spanish, French.
11.3. The version of the Application software may be upgraded from time to time to add support for new functions and services.
12. TERMINATION
12.1. M/s Rathi Agencies may terminate use of the Application at any time by giving notice of termination to you.
12.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
13. LIMITATION OF LIABILITY
13.1. In no event will M/s Rathi Agencies be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, 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.
13.2. M/s Rathi Agencies is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
13.3. Nothing in these AppTerms shall exclude or limit M/s Rathi Agencies liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
14. 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, M/s Rathi Agencies hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.
Use of the app is at your own risk. the app is provided on an “as is” basis. to the maximum extent permitted by law: (a) future disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the app; and (b) all implied warranties, terms and conditions relating to the app (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between future and you, hereby excluded. in particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment as a result of or relating to their use of the app. your statutory rights are not affected. M/S RATHI AGENCIES PROPERIETERSHIP will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. Nothing in these Terms shall be construed as excluding or limiting the liability of RATHI AGENCIES PROPERIETERSHIP for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Indian Law.
15. ADVERTISERS IN THE APP
We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not M/S RATHI AGENCIES PROPERIETERSHIP, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
16. IN-APP VOUCHER CODES
Any in-app voucher codes issued by M/S RATHI AGENCIES PROPERIETERSHIP may only be used in accordance with our Terms and Conditions for in-app voucher codes. These Terms shall be governed by and construed in accordance with Indian Law and you agree to submit to the exclusive jurisdiction of the Indian Courts. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. M/S RATHI AGENCIES PROPERIETERSHIP failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Future in writing. Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, M/S RATHI AGENCIES PROPERIETERSHIP.
17.CONTACT US
You can contact the M/S RATHI AGENCIES Media team at
www.decojewel.in, at 31/3223, Beadon Pura, Karol Bagh, New Delhi-110005, INDIA