Terms & Conditions
1. Terms of Service
The software application “nooi” isdeveloped by M/sHanle Solutions Private Limited (“Hanle”, “nooi”, “us”, or “we”) on behalf of its copyrighted owner. “nooi” provides a smartphonesoftware application and related services (collectively, the “nooi”).
This Terms of Service (“Agreement”) sets forth the legally binding terms for your use of “nooi”. By using “nooi”, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not use “nooi”. This Agreement is the final, complete and exclusive agreement of you and “nooi” with respect to the subject matters hereof and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service). Agreement Version Date: August 18, 2016.
2. End User License Agreement
- License. Subject to the terms of this Agreement, “nooi” grants you a non-transferable, non-exclusive, license to download, install and use one copy of “nooi” on a mobile device that you own or control for your use (the “License”). “nooi” will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of “nooi” or others due to such unauthorized use.
- Mobile Phone Number. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide “nooi” with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, “nooi” may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to “nooi” to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You must notify “nooi” immediately of any breach of security or unauthorized use of your mobile phone.
- Organiser Details. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide “nooi” with your name, email address and mobile phone number. To use certain features of the Service, you acknowledge and agree that you will have to provide “nooi” with names and mobile phone numbers of the users of the app. When providing the details, you must provide accurate and complete information. You must notify “nooi” immediately of any breach of security or unauthorized use of your details.
- Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit “nooi”; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of “nooi”, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access “nooi” in order to build a similar or competitive software and service; (d) except as expressly stated herein, no part of “nooi” may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in “nooi”. Any future release, update, or other addition to functionality of “nooi” shall be subject to the terms of this Agreement.
- Local Laws. “nooi” make no representation that “nooi” is appropriate for use in locations other than India. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations. Any diversion of “nooi” contrary to laws and regulations of India is prohibited.
- Modification. “nooi” reserves the right, at any time, to modify, suspend, or discontinue “nooi” or any part thereof with or without notice. You agree that “nooi” will not be liable to you or to any third party for any modification, suspension, or discontinuance of “nooi” or any part thereof.
- Ownership. “nooi” provided to you is licensed to you and not sold. “nooi” (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to “nooi”, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to “nooi”. The “nooi” name, logo, and the product names associated with “nooi” belong to “nooi” (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. “nooi” (and its licensors, where applicable) reserve all rights not granted in this Agreement.
3. User Content
- User Content. “User Content” of a user means any and all content that such user uploads, distribute, or otherwise uses with “nooi”, and includes (a) the messages and images that you send to one or more other “nooi” users (“Private Messages”), (b) your telephone number, your first name, your last name, your email id (“User Profile”), (c) Telephone number, first name and last name of the Invitees. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by “nooi”. “nooi” is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
- License. By uploading, distributing, or otherwise using your User Content with “nooi”, you automatically grant, and you represent and warrant that you have the right to grant, to “nooi” an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, (a) to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your Public Profile, solely to display your Public Profile on “nooi”, (b) to reproduce and distribute your Private Messages, solely to provide the Private Message to the intended recipient(s), and (c) to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your Public Profile but excluding your Private Messages), solely to provide you and other users of “nooi” and to improve “nooi”, and (d) you agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- Feedback. If you provide “nooi” any feedback or suggestions (“Feedback”), you hereby assign to “nooi” all rights in the Feedback and agree that “nooi” shall have the right to use such Feedback and related information in any manner it deems appropriate. “nooi” will treat any Feedback you provide to “nooi” as non-confidential and non-proprietary. You agree that you will not submit to “nooi” any information or ideas that you consider to be confidential or proprietary.
- Acceptable Use Policy. The following sets forth “nooi”’s “Acceptable Use Policy”:
(i) You agree not to use “nooi” to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortuous, trade libellous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations. (ii) You agree not to use “nooi” to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (d) attempt to gain unauthorized access to “nooi” or servers or networks; or (e) interfere with another user’s use and enjoyment of “nooi”.
- Third Party Websites. Information provided by our users through the “nooi” service may contain links to third party websites that are not owned or controlled by “nooi”. “nooi” has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, “nooi” will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that “nooi” shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
- Enforcement. We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you. We may suspend or terminate your “nooi” Account in accordance with Section 4.
4. Information Sharing
“nooi” shares your information with any third party without obtaining the prior consent of the User in the following limited circumstances:
- When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms or for complying with the applicable laws and regulations.
- “nooi” may present information to our advertisers - to help them understand our audience and confirm the value of advertising on our websites or Applications.
- “nooi” may share your information regarding your activities on websites or Applications with third party social websites, however you will have an option to set your privacy settings, where you can decide what you would like to share or not to share with others.
5. Term and Termination
- This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the “nooi”, unless earlier terminated in accordance with this Agreement.
- Notwithstanding the forgoing, if you used “nooi” prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use “nooi” (whichever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use “nooi”, unless earlier terminated in accordance with this Agreement.
- We may (a) suspend your rights to use “nooi”, and/or your “nooi” Account or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, “nooi” reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to “nooi” by the copyright owner or the copyright owner’s legal agent.
- Upon termination of this Agreement, your “nooi” Account and right to use “nooi” will automatically terminate immediately. You understand that any termination of your “nooi” Account involves deletion of your User Content associated therewith from our live databases. “nooi” will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your “nooi” Account or deletion of your User Content. Even after this Agreement is terminated, the provisions of this Agreement will remain in effect.
6. Refund Policy
All sales on the www.nooitheinviteapp.com are final with no refund or exchange permitted. You are responsible for the organiser details for which you made a purchase and all charges that result from those purchases. You are also responsible for the information relating to data. However, if in a transaction performed by You, money has been charged to Your card or bank account and a recharge is not delivered within 24 hours of the completion of the transaction, then You shall inform us by sending an e mail to firstname.lastname@example.org. Please include in the e-mail the following details – organiser name, mobile number, transaction value, transaction date and order number. We will investigate the incident and, if it is found that money was indeed charged to Your card or bank account without delivery of the recharge, then You will be refunded the money within 21 working days from the date of receipt of Your e mail. All refunds will be credited to Your source account. It will take 3-21 working days for the money to show in Your bank account depending on Your bank’s policy.
7. Information Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. All information gathered is securely stored within the controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.
You agree to defend, indemnify and hold harmless “nooi” (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of “nooi”, (ii) your User Content, or (iii) your violation of this Agreement. “nooi” reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify “nooi” and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of “nooi”. “nooi” will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. Governing Law and Disputes
- a) You acknowledge and agree that in the event of violation of any provisions of this Agreement, it shall be settled by all civil, criminal and/or administrative penalties established under the laws of India, where applicable.
- b) This agreement shall be governed by the laws of India, and name the Court of Bangalore in India, as competent to resolve disputes arising from this instrument.