A. Service Changes and Discontinuation
The Company reserves the right to discontinue or suspend, temporarily or permanently, the Services, by giving 48 (forty-eight) hours’ notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website/Mobile App or maintain the security and integrity of the Services. You agree that the Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
B. Customer Service Requests
If you request customer service assistance or report a problem with the Services, it may be necessary for the Company to access your Desktop App/ Mobile App account and view your account information.
C. Obey the Law
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
Currently, the Desktop App/ Mobile App does not permit or contain any feature that permits connecting with or following other members of the Desktop App/ Mobile App.
As part of the Services, the Company may, in the future, allow you to post content on bulletin boards, blogs, messages, chat rooms, calling or other message or communication facilities (collectively,
Fora and individually
Forum) and at various other publicly available locations on the Application. These Fora may be hosted by the Company or by one of its third-party service providers on the Company’s behalf. While posting any content, you agree to follow certain rules, including but not limited to the following:
- You shall be solely responsible for all content you post on the Desktop App/ Mobile App.
- you agree to use them only to send and receive messages and material that are proper and related to the Desktop App/ Mobile App and/ or the particular Forum in which you are issuing a communication. Forbidden communications include but are not limited to the following illustrative list, which you shall agree not to do:
- Defame, harass, abuse, stalk, threaten insult, harm, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- Upload files that contain software or any other material protected by intellectual property laws (or by rights of privacy and /or publicity) unless you own or control the rights there to or have received all necessary consents
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or that will affect the functionality or operation of the Mobile App/Website or of any related website, other websites, or the Internet;
- Conduct or forward surveys, contests, or chain letters or in any other manner, spam, phish, pharm, pretext, spider, crawl, or scrape;
- Download any file posted by another user of a Forum that you know, or that you are reasonably expected to know, cannot be legally distributed in such manner.
- Use the Mobile App/Website and/or its Fora for any unlawful purpose and/ or to solicit others to perform or participate in any unlawful acts.
- Violate any international, national, state statutes regulations, rules, laws, or local ordinances;
- Collect or track the personal information of others;
- for any obscene or immoral purpose; or
- Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
- By submitting content to us, you represent that you have all necessary rights and hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Website/Mobile App and the Company’s business, including without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) in any media formats and through any media channels.
- You also hereby grant other users of the Services a non-exclusive license to access your posted content through the Website/Mobile App, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Website/Mobile App and under this Agreement and the respective Agreements executed with such other users.
- You may not interfere with other users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure, or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you shall not post or transmit charity requests, petitions for signatures, franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements), community memberships, chain letters, or letters relating to pyramid schemes.
- You shall not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such a purpose.
- You shall not copy or use personal, identifying or business contact information about other users of the Services without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
- You agree that the Company may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant the Company a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty- free license to use the feedback you provide to the Company in any way.
- You agree to also comply with Community Guidelines, in addition to the terms of this Agreement.
We reserve the right to terminate your use of the Desktop App/ Mobile App for violating any of the prohibited uses detailed above or any other use that is deemed to be incorrect at the sole discretion of the Company.
We have an obligation to monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Agreement.
You agree that your activities on the Desktop App/ Mobile App will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false phone number, email address and/or pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
D. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website/Mobile App, or any portion of the Website/Mobile App, without the Company’s express written consent, which may be withheld at the Company’s sole discretion.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website/Mobile App, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer).
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website/Mobile App or the Services.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Desktop App/ Mobile App or the Services.
- You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes other than as provided herein without the prior written consent of the Company. The Company reserves all rights not expressly granted in Desktop App/ Mobile App and its contents.
E. Restrictions on Commercial Use or Resale
You agree not to resell or make any commercial use of the Services. They are being provided for personal use only.
F. Endorsements
All product and service marks contained on or associated with the Services that are not Company marks are the trademarks of their respective owners. The Company would require you to respect the same. References to any such names, marks, products or services of third parties or hypertext links to third party sites or information does not imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service.
G. Force Majeure
Under no circumstances shall the Company and any of its Third Party Service Providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, epidemics/pandemics, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
H. Indemnification
You agree to indemnify, defend, hold harmless, protect and fully compensate the Company, its affiliates, subsidiaries, licensors, suppliers and service providers, employees, officers, agents, contractors, sub-contractors, suppliers, interns, and directors, from any and all third-party claims, liability, damages, expenses and costs (including but not limited to reasonable attorney’s fees) caused by or arising from your use of the Services, your violation of the Agreement or the documents it incorporates by reference and/or your infringement, or infringement by any other user of your Account, or your violation of any law or the rights of a third-party of any intellectual property or other right of anyone.
I. Electronic Communications
This Agreement and/or any notices or other communications regarding the Services may be provided to you electronically, and you agree to receive communications from the Company in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, registered mobile number or as a push notification on the Desktop App/ Mobile App, or in any other electronic form. All communications in electronic format will be considered to be 'in writing'. Your consent to receive communications electronically is valid until you revoke your consent by notifying the Company of your decision to do so. If you revoke your consent to receive communications electronically, the Company shall have the right to terminate the Services at its sole discretion.
J. Assignment
You shall not assign your rights and obligations under this Agreement to any other party without the consent of the Company.
The Company may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.
K. Exclusive Agreement
You agree that the Agreement is the complete and exclusive statement of contract between you and the Company and supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Company and its Third-Party Service Providers or processing bank/merchants relating to the subject matter of the Agreement. The Agreement, as may be amended from time to time, will prevail over any subsequent oral communications between you and the Company and/or the merchant / bank.
L. Arbitration
Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by the Company and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event you and the Company are unable to reach an agreement on the sole arbitrator, a panel of three arbitrators shall be appointed, of which one shall be appointed by each party, and the presiding arbitrator by the two arbitrators. The seat and venue for arbitration shall be Bengaluru. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
M. Governing Law and Jurisdiction
The Website/Mobile App specifically prohibits you from usage of any of its Services in any countries or jurisdictions where any of the stipulations of this Agreement may be rendered void. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Bengaluru having exclusive jurisdiction.
N. Contact Us
You can contact the Company at the email id
mailsupport@bosswallah.com