MAPPCALL Terms &
Conditions
Last updated: December 2, 2022
ACCEPTANCE OF TERMS AND CONDITIONS
General: By
using www.MAPPCALL.com (the “Website” or “MAPPCALL.com” or “MAPPCALL”
in this document) or MAPPCALL mobile application (the “mobile application”),
you, the Customer (“you”, “your”, or the “User” in this
document) unconditionally agree to the terms and conditions that we, MAPPCALL Technologies
& Servies with our Registered Office at Plot 4 Shaktinagar Gulbarga
Karanatak -585102(“MAPPCALL.com”, “MAPPCALL”, “we” or “us” or “our” in this
document) have provided herein for use of MAPPCALL’s Website or mobile
application owned and maintained by us. This Website or mobile application and
any individual websites or merchant-specific, city-specific, or state-specific
sites now or hereinafter contained within or otherwise available through
external hyperlinks (“Minisites”) with our Website or mobile application
are private property. All interactions on this Website or mobile application
must comply with these Terms of Use. If you do not wish to agree to the
outlined terms and conditions (the “Terms of Use” in this document)
please refrain from using this Website or mobile application. The term Website
shall include any or all Minisites, Algorithms, Logs, Data wherever mentioned.
For the purpose of these Terms of
Use, wherever the context so requires "You" or "User"
shall mean any natural or legal person who has agreed to become a professional on
the Website or mobile application by providing Registration Data while
registering on the Website or mobile application as Registered User using the
computer systems or mobile device. MAPPCALL allows the User to
surf the Website or making calls with professionals registering on the Website.
The term "We", "Us", "Our"
shall mean MAPPCALL India Private Limited or MAPPCALL.
The terms MAPPCALL and MAPPCALLhave been used
interchangeably in the document.
CAUTION: PLEASE READ
THIS AGREEMENT CAREFULLY. BY BROWSING, ACCESSING OR USING THIS WEBSITE OR
MOBILE APPLICATION OR BY USING ANY FACILITIES OR SERVICES MADE AVAILABLE
THROUGH OR ON IT, YOU ARE AGREEING TO THE TERMS OF USE THAT APPEAR BELOW (ALL
OF WHICH ARE CALLED THE “AGREEMENT”). THIS AGREEMENT IS MADE BETWEEN YOU AND
US. USE OF THE SERVICES AND THE WEBSITE OR MOBILE APPLICATION AND ANY PURCHASE
MADE THERETO ARE EACH SUBJECT TO THE TERMS OF USE SET OUT IN THIS AGREEMENT.
Amendments and Changes: We at all times reserve the right to amend these terms and
conditions at any time. All amendments and changes to these terms and
conditions will be available online. Such changes may include, among other
things, addition of certain fees or charges. We suggest you, therefore, that
you re-read this important notice containing our Terms of Use and Privacy
Policy from time to time so that you remain informed as to any such changes. If
we make changes to our Terms of Use and Privacy Policy and you continue to use
our Website or mobile application, you are deemed to have implicitly agreed to
the amended Terms of Use and Privacy Policy. Unless specified otherwise, any
such deletions or modifications shall be effective immediately upon MAPPCALL’s
posting thereof. Continued use of any of the services provided by MAPPCALL via
the Website or mobile application (or via other electronic or other
communication from MAPPCALL) including the information services, content and
transaction capabilities on the Website or mobile application, including the
ability to make a purchase (all of which are called the “Services” in this
document) will be deemed to constitute acceptance of the new terms and
conditions. MAPPCALL may immediately terminate these Terms or any Services with
respect to you, or generally cease offering or deny access to the Services or
any portion thereof, at any time for any reason.
GENERAL
User Accounts: In order to use most aspects of the Services, you must register
for and maintain an active personal user Services account (“Account”). You must
be at least 18 years of age, or the age of legal majority in your jurisdiction
(if different than 18), to obtain an Account. Account registration requires you
to submit to MAPPCALL certain personal information, such as your name, address,
mobile phone number. You agree to maintain in bona fide accurate, complete, and
up-to-date information in your Account. Your failure to maintain accurate,
complete, and up-to-date Account information, , may result in your inability to
access and use the Services or MAPPCALL 's termination of these Terms with you.
You are responsible for all or any activities that occur 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 MAPPCALL in writing, you
may only possess one Account. You shall not use the MAPPCALL Website or Mobile
Application for any illegal or fraudulent purposes barred by law or in general
including creation of multiple accounts. Any such illegal or fraudulent use may
render you liable under civil and/ or criminal action along with quasi-judicial
enquiry, if any, including but not limited to equitable remedies, injunctions,
etc., and all other remedies available at the recourse of MAPPCALL Website or
Mobile Application. MAPPCALL also reserves the right to reverse illegitimate
and/ or fraudulent purchases by you at any time even after the purchase of
Offers/ Deals by you in addition to the right to further disable your use or
cancel your account.
Territory: The Website or mobile application and the Services and any
purchase are directed solely at those who access the Website from the Republic
of India. MAPPCALL makes no representation that Service (or any goods or
services) are available or otherwise suitable for use outside the Republic of
India. If you choose to access the Website or mobile application (or use the
Service or make a purchase) from locations outside the Republic of India, you do
so on your own initiative and are responsible for the consequences thereof.
Website and/or Mobile Application: MAPPCALL provides an interactive online service owned and operated
by MAPPCALL through the Website on the World Wide Web of the Internet (the “Web”
or “Internet”) and its mobile application, consisting of information
services, content and transaction capabilities provided by MAPPCALL, its
Holding Company and its associates, if any, with whom it has business
relationships (“Business Associates”) including but not limited to third
parties that provide services in relation to creation, production or
distribution of content for the Website or mobile application (“Third Party
Content Providers”), third parties that provide advertising services to MAPPCALL
(“Third Party Advertisers”) and third parties that perform function on
behalf of MAPPCALL like sending out and distributing our administrative and
promotional emails and text messages (“Third Party Service Providers”).
Right to Transfer: The right to use this Website or mobile application is personal to
the User and is not transferable to any other person or entity. The User shall
be responsible for protecting the confidentiality of User’s password(s), if
any. The User understands and acknowledges that, although the Internet is often
a secure environment, sometimes there are interruptions in service or events
that are beyond the control of MAPPCALL, and MAPPCALL shall not be held
responsible for any data lost or misused by a third party while transmitting information
on the Internet in any manner whatsoever.
Not on Uninterrupted Basis: While it is MAPPCALL’s objective to make the Website or mobile
application accessible at all times, the Website or mobile application may be
unavailable from time to time for any reason including, without limitation,
routine maintenance. You understand and acknowledge that due to circumstances
both within and outside of the control of MAPPCALL, access to the Website or
mobile application may be interrupted, suspended or terminated from time to
time. MAPPCALL reserves the right, in its sole discretion, to terminate the
access to any or all MAPPCALL website(s) and the related services or any
portion thereof at any time, without notice. MAPPCALL shall also have the right
at any time to change or discontinue any aspect or feature of the Website or
mobile application, including, but not limited to, content, graphics, Offers,
settings, hours of availability and equipment needed for access or use. Further,
MAPPCALL may discontinue disseminating any portion of information or category
of information, may change or eliminate any transmission method and may change
transmission speeds or other signal characteristics.
EQUIPMENT
User’s Responsibility: The Services and use of the website or mobile application do not
include the provision of a computer or other necessary equipment to access the
Site or the Services. To use the Site or Services, you will require Internet
connectivity and appropriate telecommunication links. The User shall be
responsible for obtaining and maintaining all telephone, computer hardware,
software and other equipment needed for access to and use of this Website or
mobile application and all charges related thereto. MAPPCALL shall not be
liable for any damages to the User’s equipment resulting from the use of this
Website or mobile application.
USER CONDUCT
Restrictions: The User undertakes without limitation, not to use or permit
anyone else to use the Service or Website or mobile application:
a.) To upload, send or receive any
information for which you have not obtained all necessary license and/ or
approvals (from us or third parties); or which constitutes or encourages
conduct that would be considered a criminal offence, gives rise to civil
liability or otherwise be contrary to the law of or infringes the rights of any
third party in any country in the world;
b.) To upload, send or receive any
material which is technically harmful (including computer viruses, logic bombs,
Trojan horses, worms, harmful components, corrupted data, malicious software,
harmful data, or anything else which may interrupt, interfere with, corrupt or
otherwise cause loss, damage, destruction or limitation to the functionality of
any software or computer equipment);
c.) To intercept or attempt to
intercept any communications transmitted by way of a telecommunication system;
For a purpose other than for which we
have designed them or intended them to be used;
For any fraudulent purposes; or
In any way which is calculated to
incite hatred against any ethnic, religious or any other minority or is
otherwise calculated to adversely affect any individual, group or entity.
d.) To upload, send or receive any
material, which is not civil or tasteful.
e.) To upload, send or receive any
material, including User Content, which is unlawful, harmful, tortious,
threatening, abusive, harassing, hateful, racist, homophobic, infringing,
pornographic, violent, misleading, grossly offensive, of an indecent, obscene
or menacing character, blasphemous or defamatory or of a libelous nature of any
person or entity, in contempt of Court or in breach of confidence, or which
infringes the rights of another person or entity, including copyrights,
trademarks, trade secrets, patents, rights of personality, publicity or privacy
or any other third party rights; or
f.) To cause annoyance, inconvenience
or needless anxiety.
Forbidden Uses: The following uses of the Site and Services are expressly
prohibited and you undertake not to do (or to permit anyone else to do) any of
the following:
a.) Resell the Services or Site;
b.) Furnish false data including
false names, addresses and contact details and fraudulent use of credit/ debit
card numbers or net banking or any other mode of payment;
c.) Attempt to circumvent our
security or network including but not limited to accessing data not intended
for you, logging into a server or Account you are not expressly authorized to
access, or probe the security of other networks (such as running a port scan);
d.) Access the Services (or Site) in
such a way as to, or commit any act that would or does, impose an unreasonable
or disproportionately large burden on our infrastructure or that otherwise
interrupts or interferes with its functionality, efficiency or operation;
e.) Execute any form of network
monitoring which will intercept data not intended for you;
f.) Send unsolicited mail messages,
including the sending of "junk mail" or other advertising material to
individuals who did not specifically request such material. You are explicitly
prohibited from sending unsolicited bulk mail messages. This includes bulk
mailing of commercial advertising, promotional, or informational announcements,
and political or religious tracts. Such material may only be sent to those who
have explicitly requested it. If a recipient asks to stop receiving email of
this nature, you may not send that person any further email;
g.) Create or forward "chain
letters" or other "pyramid schemes" of any type,
whether or not the recipient wishes to receive such mailings;
h.) Send malicious email, including
flooding a user or site with very large or numerous emails;
i.) Enter into fraudulent
interactions or transactions with us, a Seller or a Merchant (which shall
include entering into interactions or transactions purportedly on behalf of a
third party where you have no authority to bind that third party or you are
pretending to be a third party);
j.) Use the Services or Site (or any
relevant functionality of either of them) in breach of this Agreement;
k.) Use in an unauthorized manner, or
forge, mail header information;
l.) Engage in any unlawful or
criminal activity in connection with the use of the Services and/ or the Site
or any Voucher; or
m.) Copy or use any User Content for
any commercial purposes; or
n.) Engage in any frivolous act that
hampers the goodwill and brand reputation of MAPPCALL or its Website or mobile
application in any manner whatsoever.
Any conduct by a User that in MAPPCALL’s
exclusive discretion is in breach of the Terms of Use or which restricts or
inhibits any other User from using or enjoying this Website or mobile
application is strictly prohibited. The User shall not use this Website or
mobile application to advertise or perform any commercial, religious, political
or non-commercial solicitation, including, but not limited to, the solicitation
of users of this Website or mobile application to become users of other online
or offline services directly or indirectly competitive or potentially competitive
with MAPPCALL.
MAPPCALL reserves the right to
prevent you from using the Website (or mobile application) and the Service (or
any part of thereof) and to prevent you from making any purchase, if your
conduct is found to be in question or in contravention of such Terms as
mentioned in this Agreement.
PURCHASE AND SALE OF PRODUCTS AND/ OR
SERVICES
MAPPCALL takes no responsibility for
the services and/ or products for which MAPPCALL Vouchers may be redeemed.
Further, MAPPCALL makes no warranty to the Users for the quality, safety,
usability, or another aspect of the product or service for which the MAPPCALL
is providing on the platform.
MAPPCALL disclaims any warranty or
liability in relation to the Services/ Products for which are purchased, for
instance, quality, merchantability, imperishable in nature, fit for human
consumption, etc.
Some services for which MAPPCALL
Voucher(s) can be redeemed are activities that involve potential bodily harm
(such as different forms of adventure sports and other associated activities),
and for those activities MAPPCALL takes no responsibility in any manner
whatsoever for the service or activity being displayed, and the User takes
responsibility for his or her own acts in utilizing the services for which MAPPCALL
Voucher may be redeemed.
For more information see MAPPCALL’s Terms
of Sale.
AT HOME SERVICES
MAPPCALL shall also make available At
Home Services provided through its professionals/Merchant (at home service
provider) base or the Individuals (i.e. service professional) having expertise
in providing Services which shall be made available on MAPPCALL Website or
Mobile Application to the Users at their preferred location and shall include
but not be limited to plumbing, cleaning, pest control, carpentry, electrical,
repairs, salon & spa services, servicing, etc., which shall be subject to
availability and the time slot considering the peak hours of the Services
requested by the User.
The User shall be bound by the Terms
of Sale as available on the Website or Mobile Application, as may be amended
from time to time subject to sole discretion of MAPPCALL, at all times.
For more information see MAPPCALL’s Terms
of Sale.
SECURITY
The User agrees and understands that
all payments shall only be made to bank accounts of MAPPCALL. MAPPCALL or its
agents, representatives or employees shall never ask a customer to transfer
money to any private account or to an account not held in the name of MAPPCALL.
The User agrees that if that user transfers any amount against any booking or
transaction to any bank account that is not legitimately held by MAPPCALL or to
any personal account of any person, MAPPCALL shall not be held liable for the
same. User shall not hold any right to recover from MAPPCALL any amount that is
transferred by the User to any third party.
The User will not share his personal
sensitive information like credit/ debit card number, CVV, OTP, card expiry
date, user IDs, passwords, etc., with any person including the agents,
employees or representatives of MAPPCALL. The User shall immediately inform MAPPCALL
if such details are demanded by any of its agents' employees or
representatives. MAPPCALL shall not be liable for any loss that the User incurs
for sharing the aforesaid details.
MAPPCALL or its Affiliates or any of
its representatives will never ask for sensitive information like User ID, PIN,
internet banking passwords, CVV Number, OTP, etc., through phone/ SMS/ email/
any other modes of communication. We request you not to share or to
INTELLECTUAL PROPERTY RIGHTS
MAPPCALL grants you a limited,
personal, non-transferable, non-exclusive, revocable license to access and use
the Site pursuant to this Agreement and to any additional terms and policies
set forth by MAPPCALL. All Intellectual Property Rights (including all
copyright, patents, trade marks, service marks, trade names, designs (including
the "look and feel" and other visual or non-literal elements))
whether registered or unregistered) in the Website or mobile application and
Service, (subject to the Title & Ownership Rights as mentioned below)
information content on the Website or mobile application or accessed as part of
the Service, any database operated by us and all the Website design, text and
graphics, software, photos, videos, music, sound, and their selection and
arrangement, and all software compilations, underlying source code and software
(including applets and scripts) shall remain our property (or that of our
licensors). You shall not, and shall not attempt to, obtain any title to any
such intellectual property. All rights are reserved.
None of the material listed in this
clause may be reproduced or redistributed or copied, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means, sold,
rented or sub-licensed, used to create derivative works, or in any way
exploited without our prior express written permission. You may, however, retrieve
and display the content of the Website on a computer screen, store such content
in electronic form on disk (but not on any server or other storage device
connected to a network) or print / save one copy of such content for your own
personal, non-commercial use, provided you keep intact all and any copyright
and proprietary notices. You may not otherwise reproduce, modify, copy or
distribute or use for commercial purposes any of the materials or content on
the Website or mobile application without our permission.
“MAPPCALL.com”, the MAPPCALL
Logos and variations thereof found on the website or mobile application are
trademarks owned by MAPPCALL and all use of these marks inures to the benefit
of MAPPCALL. All rights (including goodwill and, where relevant, trade marks)
in MAPPCALL’s name are owned by us (or our licensors). Other product and
company names mentioned on the Website or mobile application are the trademarks
or registered trademarks of their respective owners.
The title, Ownership Rights and Intellectual
Property Rights in and to the content accessed using the Service is the
property of the applicable content owner or Merchant and may be protected by
applicable copyright or other law. The Agreement gives you no rights to such
content.
Subject to the Clause below, any
material you transmit or post or submit to the Website or mobile application
(or otherwise to us) shall be considered (and we may treat it as)
non-confidential and non-proprietary, subject to our obligations under data
protection legislation or such legislation that provides for protection of
electronic data under Indian Laws. If for some reason, any part of that
statement does not work as a matter of law, then for anything which you supply
to us from whatever source (i.e. via email, the Website or otherwise) you grant
us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy,
modify, adapt, translate, publish and distribute world-wide any such material.
All comments, suggestions, ideas,
notes, drawings, concepts or other information: (i) disclosed or offered to us
by you; or (ii) in response to solicitations by us regarding the Service or the
Website or mobile application; (in each foregoing case, these are called "Ideas")
shall be deemed to be and shall remain our property and you hereby assign by
way of present and future assignment all intellectual property rights in Ideas,
to us. You understand and acknowledge that we have both internal resources and
other external resources that may have developed or may in the future develop
ideas identical to or similar to Ideas and that we are only willing to consider
Ideas on these terms. In any event, any Ideas are not submitted in confidence
and we assume no obligation, express or implied by considering it. Without
limitation, we shall exclusively own all now known or hereafter existing rights
to the Ideas of every kind and nature throughout the world and shall be
entitled to unrestricted use of the Ideas for any purpose whatsoever,
commercial or otherwise without compensation to the provider of the Ideas.
DISCLAIMER OF WARRANTY; LIMITATION OF
LIABILITY
The User expressly agrees that use of
the Website or mobile application is at the User’s sole risk. Neither MAPPCALL,
its Holding or Subsidiaries, Business Associates nor any of their respective
employees, agents, and third party content providers warrant that use of the
Website or mobile application will be uninterrupted or error-free; nor do they
make any warranty as to (i) the results that may be obtained from use of this
Website or mobile application, or (ii) the accuracy, reliability or content of
any information, service or merchandise provided through the Website or mobile
application.
The Website or mobile application are
made accessible on an “as is” basis without warranties of any kind, either
express or implied, including, but not limited to, warranties of title or
implied warranties of merchantability or fitness for a particular purpose,
other than those warranties which are implied by and incapable of exclusion,
restriction or modification under the laws applicable to this agreement.
We do not give any warranty that the
Services or the Website or mobile application are free from viruses or anything
else which may have a harmful effect on any technology.
We reserve the right to change,
modify substitute, suspend or remove without notice any information or service
from the Website or mobile application forming part of the Service from time to
time. Your access to the Website or mobile application and/ or the Services may
also be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. We will attempt to restore such
access as soon as we reasonably can. We assume no responsibility for
functionality, which is dependent on your browser or other third party software
to operate. There might be certain circumstances wherein MAPPCALL may within
the validity period of a particular Voucher withdraw any information or the
Voucher from the Website or Mobile Application or services at any time.
We reserve the right to block access
to and/ or to edit or remove any material, which in our reasonable opinion may
give rise to a breach of this Agreement.
This disclaimer of liability applies
to any damages or injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer
virus, communication line failure, theft or destruction or unauthorized access
to, alteration of, or use of record, whether for breach of contract, tortuous
behavior, negligence, or under any other cause of action. The User specifically
acknowledges that MAPPCALL is not liable for the defamatory, offensive or
illegal conduct of other users or third parties and that the risk of injury
from the foregoing rests entirely with the User.
In no event shall MAPPCALL, or any
Business Associates/ Employees, Third Party Content Providers, Third Party
Advertisers or Third Party Service Providers, producing or distributing the
Website or the contents hereof, mobile application and any software, be liable
for any damages, including, without limitation, direct, indirect, incidental,
special, consequential or punitive damages arising out of the use of or
inability to use the Website or mobile application. The User hereby
acknowledges that the provisions of this Clause shall apply to all contents on
the Website and mobile application.
In addition to the terms set forth
above, neither MAPPCALL, nor its Subsidiaries and Business Associates, Third
Party Service Providers or Third Party Content Providers shall be liable
regardless of the cause or duration, for any errors, inaccuracies, omissions,
or other defects in, or untimeliness or inauthenticity of, the information
contained within the Website, or for any delay or interruption in the
transmission thereof to the user, or for any claims or losses arising therefrom
or occasioned thereby. None of the foregoing parties shall be liable for any
third party claims or losses of any nature, including without limitation lost
profits, punitive or consequential damages.
MAPPCALL will not be held liable for
indirect, special, or consequential damages (or any loss of revenue, profits,
or data) arising in connection with this Agreement, even if we have been
advised of the possibility of such damages. Further, our aggregate liability
arising with respect to this Agreement will not exceed the total Offer price
paid or payable to you under this Agreement.
MAPPCALL shall be under no liability
whatsoever in respect of any loss or damage arising directly or indirectly out
of the decline of authorization for any Transaction, on Account of the
Cardholder having exceeded the preset limit mutually agreed by us with our
associated banking partners from time to time.
MAPPCALL’s liability is limited to
providing the User with a confirmed booking as selected by the User for any
product/ service provided by the Merchant and further listed on MAPPCALL.
Any issues or concerns faced by the
User at the time of availing any such services/ products shall be the sole
responsibility of the Merchant. MAPPCALL will have no liability with respect to
the acts, omissions, errors, representations, warranties, breaches or
negligence on part of any Merchant.
Unless explicitly committed by MAPPCALL
as a part of any product or service:
By making a booking, User understands
MAPPCALL merely provides a technology platform for booking of services and
products and the ultimate liability rests on the respective Merchant and not MAPPCALL.
Thus the ultimate contract of service is between User and Merchant.
MONITORING
MAPPCALL shall have the right, but
not the obligation, to monitor the content of the Website or mobile application
at all times, including any chat rooms and forums that may hereinafter be
included as part of the Website or mobile application, to determine compliance
with this Agreement and any operating rules established by MAPPCALL, as well as
to satisfy any applicable law, regulation or authorized government request.
Without limiting the foregoing, MAPPCALL shall have the right to remove any
material that MAPPCALL, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
PRIVACY
The User acknowledges that all
discussions for ratings, comments, bulletin board service, chat rooms and/ or
other message or communication facilities (collectively “Communities”)
are public and not private communications, and that, therefore, others may read
the User’s communications without the User’s knowledge. MAPPCALL does not
control or endorse the content, messages or information found in any Communities,
and, therefore, MAPPCALL specifically disclaims any liability concerning the
Communities and any actions resulting from the User’s participation in any
Communities, including any objectionable content. Generally, any communication
that the User posts on the Website (whether in chat rooms, discussion groups,
message boards or otherwise) is considered to be non-confidential. If
particular web pages permit the submission of communications that will be
treated by MAPPCALL as confidential, that fact will be stated on those pages.
By posting comments, messages or other information on the Website or mobile
application, User grants MAPPCALL the right to use such comments, messages or
information for promotions, advertising, market research or any other lawful
purpose. For more information see MAPPCALL’s Privacy Policy.
LICENSE GRANT
By posting communications on or
through this Website or mobile application, the User shall be deemed to have
granted to MAPPCALL, a royalty-free, perpetual, irrevocable & non-exclusive
license to use, reproduce, modify, publish, edit, translate, distribute,
perform, and display the communication alone or as part of other works in any
form, media, or technology whether now known or hereafter developed, and to
sublicense such rights through multiple tiers of sublicensees.
INDEMNIFICATION
The User agrees to defend, indemnify
and hold harmless MAPPCALL, its Subsidiaries and Business Associates, and their
respective Directors, officers, employees and agents from and against all
claims and expenses, including attorneys’ fees, arising out of (i) the use of
this Website and/ or the mobile application by the User; (ii) the use of the
Voucher; (iii) the use of the Service or Website or mobile application through
your password; or (iv) any breach of this Agreement by you.
TERMINATION
MAPPCALL may terminate this Agreement
at any time. Without limiting the foregoing, MAPPCALL shall have the right to
immediately terminate any passwords or accounts of a User in the event of any
conduct by the User which MAPPCALL, in its sole discretion, considers being
unacceptable, or in the event of any breach by User of this Agreement.
One User can have only one Account
with a unique e-mail ID and unique phone number. If MAPPCALL has any suspicion
or knowledge that any of its Users have created multiple Accounts with
different e-mail addresses or phone numbers (including but not limited to
account creation by using false names or providing misleading data for creating
those Accounts or using disposable email addresses or disposable phone numbers)
to generate additional cashback credits or misuse or take undue advantage of
the promotional benefits being provided on the MAPPCALL Platform, then MAPPCALL
may while reserving its rights to initiate civil and/ or criminal proceedings
against such User may also at its sole discretion terminate, suspend, block,
restrict, cancel the Account of such User and/ or disqualify that User and any
related Users from availing the services ordered or undue benefits availed
through these accounts.
All such provisions wherein the
context so requires, including Clauses on Intellectual Property Rights,
Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification
and Termination above will survive termination of this Agreement.
Our right to terminate this Agreement
shall not prejudice any other right or remedy we may have in respect of any
breach or any rights, obligations or liabilities accrued prior to termination.
THIRD PARTY CONTENT
MAPPCALL, similar to an Internet
Service Provider, is a distributor (and not a publisher) of content supplied by
third parties and Users. Accordingly, MAPPCALL does not have editorial control
over such content. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
Third Party Content Providers, or any other Users are those of the respective
author(s) or distributors and not of MAPPCALL.
Neither MAPPCALL nor any third-party
provider of information guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any particular purpose
(refer to the Clause for ‘Disclaimer of Warranty, Limitation of Liability’
above for the complete provisions governing limitation of liabilities and
disclaimers of warranty).
In many instances, the content
available through this Website or mobile application represents the opinions
and judgments of the respective information provider, User, or other users not
under contract with MAPPCALL. MAPPCALL neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice or statement made on the
Website by anyone other than authorized MAPPCALL employee/ spokespersons while
acting in official capacities.
Under no circumstances will MAPPCALL
be liable for any loss or damage caused by User’s reliance on information
obtained through the Website. It is the responsibility of User to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice, etc.
or other content available through the Website.
The Website contains links to
third-party websites maintained by other content providers. These links are
provided solely as a convenience to you and not as an endorsement by MAPPCALL
of the contents on such third-party websites and MAPPCALL hereby expressly
disclaims any representations regarding the content or accuracy of materials on
such third-party websites. If the User decides to access linked third-party
websites, the User does so at his/ her own risk.
Unless you have executed a written
agreement with MAPPCALL expressly permitting you to do so, you may not provide
a hyperlink to the Website from any other website. MAPPCALL reserves the right
to revoke its consent to any link at any time in its sole discretion.
ADVERTISEMENT
MAPPCALL may place advertisements in
different locations on the Website and its Mobile Application and at different
points during use of the Service. These locations and points may change from
time to time at the sole discretion of MAPPCALL.
You are free to select or click on
advertised goods and services or not as you seem fit.
Any advertisements may be delivered
on our behalf by a Third Party Advertiser.
No personal data (for example your
name, address, email address or telephone number) will be used during the
course of serving our advertising, but, on our behalf, our Third Party
Advertiser or affiliate may place or recognize a unique "cookie" on
your browser (see our Privacy Policy about this). This cookie will not collect
personal data about you nor is it linked to any personal data about you. If you
would like more information about this practice and to know your choices about
not having this information used by any Company, see our Privacy Policy for
more information.
FORCE MAJEURE
Without prejudice to any other
provision herein, MAPPCALL shall not be liable for any loss, damage or penalty
as a result of any delay in or failure to deliver or otherwise perform
hereunder due to any cause beyond MAPPCALL’s control, including, without
limitation, acts of the User, embargo or other Governmental act, regulation or
request affecting the conduct of MAPPCALL’s business, fire, explosion,
accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties,
lightning, flood, windstorm or other acts of God.
MISCELLANEOUS
This Agreement, our Terms &
Condition and our Privacy Policy (including our Cookie policy) constitute the
entire agreement between the parties with respect to the subject matter hereof.
No representation, undertaking or promise shall be taken to have been given or
be implied from anything said or written in negotiations between the parties
prior to this Agreement except as expressly stated in this Agreement. Neither
party shall have any remedy in respect of any untrue statement made by the
other upon which that party relied on when entering into this Agreement (unless
such untrue statement was made fraudulently or was as to a matter fundamental
to a party’s ability to perform this Agreement) and that party’s only remedies
shall be for breach of contract as provided in this Agreement. However, the
Service is provided to you under our operating rules, policies, and procedures
as published from time to time on the Website.
No waiver by either party of any
breach or default hereunder is a waiver of any preceding or subsequent breach
or default.
The section headings used herein are
for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is
held invalid by a Court of competent jurisdiction, such invalidity shall not
affect the enforceability of any other provisions contained in this Agreement
and the remaining portions of this Agreement shall continue in full force and
effect. The failure of either party to exercise any of its rights under this
Agreement shall not be deemed a waiver or forfeiture of such rights or any
other rights provided hereunder.
All provisions of this Agreement
apply equally to and are for the benefit of MAPPCALL, its Subsidiaries, any
Holding Companies of MAPPCALL, its (for their) affiliated and/ or their Third
Party Content Providers and Licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf (save that this
Agreement may be varied or rescinded without the consent of those parties).
The registered office of MAPPCALL
India Private Limited is situated in Delhi, India. Legal issues arising out of,
but not exclusive to the use of, this Website or mobile application (unless
otherwise specifically stated) are governed by and in accordance with the laws
of India (exclusive of its rules regarding conflicts of laws) and the parties
shall submit to the exclusive jurisdiction of the Courts in Delhi.
PRODUCTS/ SERVICES TAKE DOWN POLICY:
REPORTING VIOLATION OF INFRINGEMENT
We want to list the products and
services of genuine sellers on our website or mobile application in order to
ensure that infringing products are removed from the site, as they affect your
and genuine Seller’s valuable trust.
We do not and cannot verify if the
Sellers have the right or ability to sell or distribute their listed products
or services. However, we are committed to removing any infringing or unlicensed
product or service once an authorized representative of the rights owner
properly reports them to us. We sincerely want to ensure that item listings do
not infringe upon the copyright, trademark or other intellectual property
rights of third parties. We have the ability to identify and request removal of
allegedly infringing products and materials. Any person or company who holds
intellectual property rights (such as a copyright, trademark or patent) that
may be infringed upon by products listed on MAPPCALL is encouraged to report
the same to our Legal Team.
CONTACT US
In accordance with the Information
Technology Act, 2000, and the Rules made thereunder, if you have any questions
regarding our Privacy Policy or our Terms of Sale or Terms of Use of the site,
you may contact our Support Team at the details mentioned below:
Name: MAPPCALL
India Private Limited
Address: Plot No 4
Shaktinagar Gulbarga-595102
E-mail: support@MAPPCALL.com
Business Hours: Monday to Friday (09:30 to 18:30)
Please note that MAPPCALL has defined
and published the Terms and Conditions of Use (including its Privacy Policy and
Cookie Policy for accessing or using www.MAPPCALLwebsite in accordance with the
provisions of Rule 3(1) of the Information Technology (Intermediaries
Guidelines) Rules, 2011. This document is framed in accordance with the
Information Technology Act, 2000, and the Rules framed thereunder and such
other applicable and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000. This is an
electronic record that is generated by a computer system and does not require
any physical or digital signatures.
Mon - Sun
11AM - 8PM