End User License Agreement 2019-04-05T09:33:24+00:00

END USER LICENSE AGREEMENT

 

This End User License Agreement (the “Agreement”) constitutes an agreement between you (an individual or a entity, hereinafter referred to as the “End User” or “You”) and Ayshwarya Syndicate Souharda Credit Co-operative Limited a credit co-operative duly registered under the Karnataka Souharda Sahakari Act, 1997, having its registered office at 21/1, Manjushree, Haudin Road, Ulsoor, Bengaluru – 560 042 (hereinafter referred as “ASSCCL”) with regards to the licensing of the App (as defined hereinafter) by ASSCCL to the End User by as provided for in this Agreement.

The End User, by the act of downloading, installing or using any part of whole of App assents to and accepts all the terms and conditions incorporated in this Agreement with this Agreement forming legally binding duties and obligations upon the End User or any other entity on behalf of which the App is being used which ASSCCL may enforce at its discretion. In the event that the End User does not wish to be bound by the terms of this Agreement, it must desist from using the App in any manner.

The End User understands and agrees that notwithstanding the provisions of this Agreement, ASSCCL is the sole and absolute owner of any and all intellectual property rights associated with the App and that this Agreement bestows a non-transferable, non-exclusive and revocable license in the App to the End User. This Agreement does not sell or assign the App in any manner, with ASSCCL retaining the sole ownership of the App at all points of time.

 clause 1. Definitions and Interpretation

1.1. Definitions

1.1.1 “Applicable Law” shall mean all applicable laws, bye-laws, statutes, rules, regulations, orders, ordinances, notifications, codes, guidelines, policies, notices, directions, writs, injunctions, judgments, decrees or other requirements or official directive of any court of competent authority or of any competent governmental authority or person acting under the authority of any court of competent authority or of any competent governmental authority of the Republic of India, whether in effect on the date of this Agreement or thereafter;

1.1.2. “Documentation” shall mean and includes any written materials, files or data provided with the App.

1.1.3. “Intellectual Property Rights” shall be taken to include the following irrespective of whether such right is registered or not under the Applicable Law:

  1. A. All trademarks, service marks, symbols, emblems, logos, trade names, and corporate designations, in addition to all extracts, translations, transmutations, adaptations and combinations thereof and including all goodwill associated with the same;
  2. B. All works, copyrights including moral rights and author rights, and all applications, registrations, and renewals in connection therewith;
  3. C. All nature of computer code and app in addition to any data or information relating thereto including but not limited to machine code and language, source code, programs and layouts;
  4. D. All inventions, irrespective of whether the concerned invention is patentable or implemented in any manner, and all patents including any patent applications and patent disclosures in addition to any renewals, reissuances, and extensions thereof
  5. E. Any other form of proprietary rights irrespective or whether such proprietary right is protected or capable of being protected; and
  6. F. All articles and designs, including features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional, three dimensional or both forms, and all copies implements and embodiments thereof irrespective of form and medium.

1.1.4. “License” means the non-exclusive, non-transferable and individual license granted by ASSCCL to the End User for the purpose of using the App subject to the terms and conditions contained in this Agreement.

1.1.5. The app means the Spark IN application edition/version of ASSCCL’s mobile software application and/or any supplemental or additional code in the nature of Updates or Upgrades provided by ASSCCL at any point including App Content, Documentation and App Modification.

1.1.6. “App Content” shall mean any information provided with or under this Agreement, including but not limited to the Spark IN app duly available for download on the Google Play Store (for Android devices) and App Store (for iOS supported devices), all the app files, data, configurations, and all other information whether in the form of images, clip-art, video, audio, animations and other copyrighted or artistic works bundled with and embedded in the App.

1.1.7. “App Modification” shall mean and include any and all Updates and Upgrades to the App and provided to the End User by ASSCCL at any point in time to the extent not provided to the End User under separate terms.

1.1.8. “System” shall mean any device that is capable of hosting and processing the App, including but not limited to, notebooks, netbooks, tablet PCs, phones, mobile phones, and other such devices.

1.1.9. “Updates” means and includes any patch, feature pack, security or critical update that is used issued by ASSCCL to the User in relation to the App.

1.1.10. “Upgrades” shall mean any edition or version of the App that replaces an older installed version of the App.

Clause 2. DOWNLOAD

2.1. The End User may download the App on Google Play Store(on android devices) and on App Store(on IOS supported devices).

Clause 3. LICENSE GRANT

3.1. ASSCCL, in consideration of the End User adhering to the terms and conditions of this Agreement, herein grants to the End User a personal, non-transferable and non-exclusive and limited right to use the App under the terms and conditions specified under this Agreement.

Clause 4. USAGE OF THE APP

4.1. The End User agrees that it shall not use the App other than as is permitted by this Agreement.

4.2. The End User may download or stream a copy of the App onto a System for the purpose of viewing and utilising the App for personal purposes that are non-commercial in nature.

4.3. The End User agrees that it shall not copy, rent, sell, distribute, sub-license, assign or transfer the App, any of its constituent elements in addition to any rights bestowed upon it through this Agreement, unless expressly permitted under this Agreement or unless such act is undertaken with the express written consent of ASSCCL.

4.4. The End User will not in any manner modify, port, adapt or translate all or any part of the App through the removal, modification or alteration of any Intellectual Property associated with the App.

4.5. The End User will not disassemble, decompile or reverse engineer the App for the purpose of creating any derivative work or product except for purposes and eventualities that are notified by ASSCCL from time to time.

4.6. The End User will not infringe any Intellectual Property Rights vesting in ASSCCL or any third party through the usage of the App or any service obtained through the App.

4.7. The End User will not use the App in any manner which has the effect of damaging, disabling, overburdening, impairing or compromising the systems, software and protocols associated with the App or which compromises the security systems instituted by ASSCCL or any other user of the App.

4.8. The End User will not mine, collect or harvest any information or data associated with the App or with any of its underlying systems, protocols and processes or attempt to intercept or decipher any transmission on the servers associated with the App.

Clause 5. DISCLAIMER OF WARRANTY

5.1. The App is provided on an ‘As Is’ basis without any warranty or representation on part of ASSCCL, whether express or implied, understood to have attached itself to the App. The End User further understands that ASSCCL disclaims any nature of assurance, conditions and warranties with regard to fitness of the App, with the entire risk as to the quality and performance of the App resting with the End User.

5.2. The End User understands that ASSCCL does not warrant that the functionalities contained in the App will meet End User’s requirements or that the operation of the App will be completely uninterrupted or error-free, with ASSCCL not obligated to any extent to provide any Updates or Upgrades to the App.

Clause 6. COMPLIANCE WITH LICENSE

6.1. The End User agrees that ASSCCL or its authorized representative(s) will have the right to inspect the End User’s records, data and any form of information associated with the App to verify that the End User’s utilisation of the App is in conformity with this Agreement.

6.2. ASSCCL further agrees that it will not share any information provided by the End User in the App to a third party without the consent of the End User.

6.3. The End User agrees that ASSCCL has the right and liberty to monitor and use the content of the App at all times which shall include information provided in the End User’s account from the End User’s device, with respect to contacts, location and messages. The monitoring of the App is important to determine the veracity of the information provided by End User, and to help ASSCCL assess use of the App made by the End User, and to further ensure that the End User remains in compliance with the provisions of this Agreement provided herein. Subject to the terms and conditions mentioned herein, ASSCCL shall also have the liberty to read and access the End User’s SMS on ASSCCL’s device, and to remove any objectionable content which is in contravention of the terms and conditions herein, or share such information with any governmental authority as per procedures laid down in accordance with the Applicable Law.

6.4. Further, in the event that the results of the inspection by ASSCCL conducted in pursuance of Clause 6.1 of this Agreement discloses that the End User’s use of the App is in contravention of the terms and conditions specified under this Agreement, ASSCCL may at its discretion choose to terminate this Agreement in accordance with Clause 8 of this Agreement and further revoke the license granted to the End User under this Agreement to view and utilise the App.

Clause 7. INTERNET ACCESS AND PRIVACY

7.1. The End User acknowledges that the App may have the effect of, unless expressly blocked by the End User, causing the End User’s System, without any notice, to automatically connect to the internet and/or communicate with ASSCCL web site or servers for purposes relating to the provision of information, features and functionalities relating to the App to the End User.

7.2. The End User agrees that the viewing, download and usage of the App will entail the collection and usage of information and data relating to the End User by ASSCCL and that such collection and usage will be governed by the Terms of Use available at https://assccl.com/terms-of-use/ and the Privacy Policy available at https://assccl.com/privacy-policy/.

Clause 8. TERMINATION

8.1. The End User agrees that ASSCCL may terminate this Agreement at its sole and absolute discretion upon the breach by the End User of the terms of this Agreement or for any other reason as ASSCCL may deem fit.

8.2. The End User may terminate this Agreement at any point by uninstalling the App from the End User’s System.

8.3. Effects of Termination

8.3.1. Upon the termination of this Agreement by either party to this Agreement under this Clause, the End User must effect the deletion of the App and the purge of all the App Content from the End User’s System with immediate effect; Further upon such termination, all licenses and rights granted to the End User under this Agreement will cease to operate with immediate effect from the instance of termination.

Clause 9. INTELLECTUAL PROPERTY RIGHTS

9.1. The End User acknowledges that notwithstanding anything stated under this Agreement, the absolute title and full ownership rights to the App in addition to the Intellectual Property associated with the App, arising out of the App or connected to the App is to remain the exclusive property of ASSCCL and that the End User will not acquire any rights relating to the App, except as expressly provided in this Agreement.

9.2. The End User understands that the App is licensed and not sold to the End User and that no title or associated right in respect of the Intellectual Property Rights pertaining to the App is transferred to the End User.

Clause 10. DAMAGES AND INDEMNIFICATION

10.1. The End User acknowledges that any breach of this Agreement will result in irreparable damage(s) to ASSCCL and that in the event of such breach, the End User shall be liable to pay damages to ASSCCL, including but not limited to, adequate direct, indirect, consequential, special and punitive damages which may be ascertained to have caused by a direct or indirect act of the End User.

10.2. The End User agrees to indemnify and hold harmless ASSCCL, its employees, shareholders, directors, office bearers, agents, representatives and related parties to the fullest extent against all liabilities, losses, damages, claims (including third party claims), fines, fees, penalties, interest, costs and expenses (including attorney fees and court costs) that arise or result from the breach by the End User of this Agreement or form the use of the App by the End User.

Clause 11. LIMITATION OF LIABILITY

11.1. The End User acknowledges that the App has not been developed to meet the specific individual requirements of the End User and thus it is the sole responsibility of the End User to verify if the functionalities associated with the App meet the End User’s requirements.

11.2. The End User agrees that ASSCCL will not be liable for any damages, including without limitation any incidental, direct, indirect or special damages arising out of the use or inability of the End User to use the App or any claim by a third party arising from the usage of the App by the End User.

Clause 12. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION

12.1. This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.

12.2. Subject to the provisions made in Clause 12.3, the Parties hereby submit to the exclusive jurisdiction of the courts of Bengaluru.

12.3. All disputes arising out of or in relation to this Agreement shall be settled amicably by the Parties within 30 [thirty] days from the date of initiation of the dispute. In the event no amicable settlement is arrived at within a period of thirty days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996:

12.3.1. The arbitration shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator appointed by ASSCCL.

12.3.2. The arbitration proceedings shall be conducted in English language only and the venue for arbitration shall be at Bangalore.

12.4. The award of the arbitral tribunal shall be final and binding on the Parties.

Clause 13. AMENDMENT

13.1. The End User agrees and consents that ASSCCL shall possess the right to amend any part(s) of this Agreement and the provisions detailed therein, at any point without having to seek prior permission from the End User or deliver a prior notice of such intended change or amendment to the End User.

13.2. The End User agrees that any amendment to this Agreement in pursuance of Clause 13.1 of this Agreement shall become an operative part of this Agreement and bind the End User with such rights, duties or responsibilities as are provided for through the amendment.

Clause 14. ASSIGNMENT

14.1. The End User agrees that ASSCCL may at its own discretion assign, delegate or transfer its responsibilities, rights and obligations under this Agreement without any prior intimation required to be made to the End User.

14.2. The End User will not assign, delegate or transfer in any manner its responsibilities and any other rights or obligations contained in this Agreement to any third party without the express written consent of ASSCCL.

Clause 15. SEVERABILITY

15.1. If any provision or any part of a provision of this Agreement is invalid, unenforceable or prohibited by Applicable Laws, such provision or part of provision if this Agreement shall be severed from this Agreement and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative between the Parties hereto and shall not be part of the consideration moving between the Parties hereto and the remainder of this Agreement shall be valid and binding and of like effect as though such provision was not included herein.

Clause 16. ENTIRE AGREEMENT

16.1. This Agreement in conjunction with the Terms of Use and Privacy Policy contains the entire understanding between the Parties, superseding all prior communications, agreements, and understandings between the Parties with respect to the purpose of this Agreement.

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