Your use of the Application is subject to the following terms:
Use of and registration with the Application shall be deemed to be void/ invalid where such use/ registration is prohibited, under these Terms or applicable law. By using the Application, you represent and warrant that (a) you are 18 years of age or older (or such minimum legal age in your country to use our Application); and (b) your use of the Application does not violate any applicable law or regulation.
These Terms shall be effective and remain in full force, and effect, at all times, while you are using the Application. Your continued usage of the Application means that you agree to these Terms with any modifications made till the time of such usage. You must delete your profile and uninstall the Application if you wish to withdraw your consent to the Terms. Through use of the Application and applicability of these Terms you expressly consent to sharing your data, including but not limited to sensitive personal data, with Ivica, without any restrictions.
3. Non-commercial Use by Users:
The Application is only for the personal use of the users and may not be used in connection with any commercial endeavours except for those that are endorsed or approved by Ivica. Illegal and/or unauthorized use of the Application, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purposes of sending unsolicited email and unauthorized framing of or linking to the Application, is prohibited. Ivica reserves the right to pursue any and all remedies available at law or in equity in response to any illegal, threatened or unauthorized use of the Application. Furthermore, Ivica reserves the right to restrict and prohibit any person from using the Application or any other services provided by it.
4. Proprietary Rights in Content on :
All content, data, material, including images, sounds, videos, usage data, the identity of customers, sponsors and affiliates of Ivica, the data/ material of Ivica customers, sponsors and affiliates, accessible through/ on the Application(collectively, "Ivica Content") is protected by copyright, trademark, patent, trade secret, other intellectual property rights and other laws, and Ivica owns or has the right to use and retains all rights in the Ivica Content. The Application may display, contain content of other persons and entities including customers, sponsors, affiliates, and other Ivica licensors. See "Additional Terms and Conditions" for additional information. By using, accessing or attempting to access the Application that require the use of username, passwords, login image and phrase or any other method of authentication or any combination of authentication methods ("Secure Access"), you are certifying that you are the person legally associated with the username, password, login image and phrase or additional method(s) of authentication being used. Unauthorized access or use or attempts to access the Application, except through Secure Access, is prohibited and may violate applicable laws. Ivica, may at its sole discretion, report such unauthorized access, use or attempts to access or use to law enforcement authorities. You are responsible for maintaining the confidentiality of your username, password, login image and phrase or any other method of authentication and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Ivica immediately, of any unauthorized use of your account or password, or any other breach of security. You will be liable for losses incurred by Ivica or any other user of the Application due to someone else using your username, password, login image and phrase or any other method of authentication, or account as a result of your failing to keep your account information secure and confidential. Ivica will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms. You shall not share your password or give access to your Ivica account or transfer/assign your account to any third party or access any other Ivica account without authorization.
5. Prohibited Activity:
Activities, including as provided below, as may be determined by the Company from time to time shall be considered to be illegal or prohibited in relation to use of the Application ("Prohibited Activity"). Ivica reserves the right to investigate and take appropriate actions, including legal actions against any person if Ivica believes (in its sole discretion),that such a person has violated these Terms, including without limitation reporting such violation to law enforcement authorities.
Prohibited Activity includes but is not limited to: (a) criminal or tortious activity, pornography, including child pornography, fraud, trafficking obscene material, drug dealing, gambling, harassment, stalking, spamming, sending viruses, malware or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(b) advertising to, or solicitation of, any user to buy or sell any products or services through the Application other than someone authorized by Ivica. You may not transmit any chain letters or junk email to other users;
(c) any automated use of the system, such as using scripts to send comments or messages; interfering with, disrupting, or obstructing or deliberately slowing down the operations of the Application, the networks, servers or services connected to the Application;
(d) using any information, including Ivica Content, obtained from Ivica or the Application in order to harass, abuse, or harm another person;
(e) upload files that contain software or other material protected by intellectual property laws or by rights of privacy unless you own or control such rights or have received all necessary consents;
(f) uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer/ or other devices;
(g) defame, abuse, harass, stalk, threaten, encourage money laundering, harass or advocate harassment including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or otherwise violate the legal rights (such as rights of privacy and publicity) of others or trace or seek to trace any information on any other user of the Application, or any other party, including any account not owned by you;
(h) Send unsolicited messages or messages in a language that is prohibited, defamatory, inflammatory or provocative, vulgar, or such like or objectionable, obscene or pornographic communications, which are inconsistent with the established laws of India or which cause nuisance; (i) Attempt to gain unauthorized access to any portion or feature of the Application or any other systems or networks connected to the Application or to any server by hacking or other means;
(j) Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity or use someone else's credentials to access / use the Application;
(k) Breach of the security or authentication measures on the Application or any network connected to the Application;
(l) Use any device, program, algorithm or method or "deep-link" or "page-scrape" or "robot" or "spider" or equivalent manual process to access, acquire, copy or monitor any portion of the Application to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application;
(m) Use any device or software to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person's use of the Application;
(n) "Frame" or "mirror" any content or information contained on or accessible from the Application without the prior written approval of Ivica, as may be appropriate;
(o) You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade, deal in any manner whatsoever in any item/product, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force in India.
(p) using the Application in a manner inconsistent with these Terms and any, and all, applicable laws and regulations;
(q) Attempt any of the above acts or permit another person to do any of the above acts.
Since Ivica may list thousands of products on offer/ sale including through third party vendors/sellers on the Application and host many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Ivica operates on a "notice and takedown" basis. If you believe that any content on the Application is illegal, offensive including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or harm, deceptive, misleading, abusive, indecent, harassing, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling or in any way facilitates dealing in narcotic substances or drugs or explosives or arms and ammunition, or other products/substances whose commerce is prohibited by law; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses ("Objectionable Content"), please notify us immediately at email@example.com, Subject: Objectionable Content. Ivica will make all reasonable endeavors to remove such Objectionable Content or request the such user to remove such content.
6. Trademarks and Copyright Policy:
All trademarks, services marks, trade names, logos, and icons are proprietary to Ivica. Nothing contained on the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Application without the written permission of Ivica. Your use of the trademarks displayed on the Application, or any other content on the Application, except as provided herein, is strictly prohibited. The Application also contains text, trademarks, logos, sounds, artwork and computer code, software, graphics, images, and other material protected by copyrights or other proprietary rights and laws ("Proprietary Material"), owned by Ivica or their licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of Ivica and/or the relevant rights holder in writing. Except as expressly provided in these Terms, no part of the Application and no Proprietary Material may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Ivica's express prior written consent. You shall not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of Ivica to terminate access of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Ivica by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Application in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Application; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Ivica's Copyright Agent for notice of claims of copyright infringement can be reached at firstname.lastname@example.org.Ivica has the right to remove from the Application any content that is alleged to infringe third party's intellectual property rights.
Ivica is not responsible for any incorrect or inaccurate content posted on the Application, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the Application. The Application may contain links to other websites. Ivica is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Ivica. Inclusion of any linked website on the Application does not imply approval or endorsement of the linked website by Ivica. When you access these third-party sites, you do so at your own risk. Ivica takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. Ivica is not responsible for the conduct, whether online or offline, of any user of the Application. Ivica assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the Application. Ivica is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on the Application, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Application. Under no circumstances shall Ivica be responsible for any loss or damage, including personal injury or death, resulting from use of the Application, attendance or participation in an Ivica event or promotion, from any content posted on or through the Application, or from the conduct of any users of the Application, whether online or offline. The Application provides the content on "as - is" and 'as available' basis and Ivica expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Ivica cannot guarantee and does not promise any specific results from use of the Application. Ivica hereby clarifies that it makes no guarantee regarding its Application being error or bug free, safe, secure, etc, although it shall make its best efforts towards that direction. Ivica also disclaims all warranties whether express or implied including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Ivica shall not under any circumstance be liable to a user for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms, even when Ivica is informed or intimated or advised about the possibility of such damages. Ivica has no obligation to monitor the chat areas, news groups, forums, and/or other message or communication facilities. However, Ivica reserves the right at all times to disclose any information deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. Furthermore, Ivica reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, disable or terminate operation of or access to the Application, or any portion of the Application, for any reason; (2) to modify or change the Application, or any portion of the Application, and any applicable policies or terms; and (3) to interrupt the operation of the Application, or any portion of the Application, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
9. Limitation on Liability:
In no event shall Ivica be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Application, even if Ivica has been advised of the possibility of such damages. The Application and its content are delivered on an "as-is" and "as-available" basis. Your sole remedy against Ivica will be to stop using the Application. You assume total responsibility for your use of the Application and any linked sites. Your sole remedy for dissatisfaction with your use of our Application is to stop using the Application. You agree that under no circumstances will Ivica be liable for any damages, whether direct, indirect, incidental, consequential, special, punitive or exemplary damages, arising out of or in any way connected with your use of or inability to use the Application or any linked websites, including but not limited to: loss of revenue, trading losses, anticipated profits, business, savings, goodwill or data; any failure of performance, denial of service, attack, interruption, defect, operator errors, inconvenience or delay in operation or transmission or computer virus; or failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet); severe or extraordinary weather conditions (including flood, earthquake, or other act of god); fire, war, insurrection, terrorist act, riot, labour dispute and other labour problems, accident, emergency or action of government; or third party theft of, destruction of, unauthorized access to, alteration or use of your information, equipment or property, even if Ivica has been advised of the possibility of or could have foreseen the damages. Further, Ivica will not be responsible for any failure to comply, by you or any third party, with these Terms or with applicable laws. Ivica undertakes a strict on-boarding process for each of its vendors/sellers that includes a background and reference checks. Vendors/sellers shall be listed only after satisfactory conclusion of such verification. In the event, a vendor/seller is found selling fake products or products that infringe the intellectual property rights of third parties, Ivica shall immediately remove such suspected counterfeit items as soon as it is brought to our notice. Action shall also be initiated against such vendors/sellers as per the legal protocol. Ivica reserves the right to suspend or block vendors/sellers suspected of engaging in any illegal behaviour or actions volatile of the intellectual property rights of third parties. Ivica shall cooperate and work with law enforcement agencies, while also pursuing legal remedies independently to deal with such errant vendors/sellers. However, since Ivica merely provides a marketplace for vendors/sellers and buyers to conduct trade, it shall not responsible for any violation of intellectual property rights or other rights, legal or otherwise, due to the actions of such vendors/sellers. [Tatva: To be discussed and confirmed with Ivica.]
You agree that all matters relating to your access to or use of the Application, including all disputes, will be governed by the laws of India. You agree that the courts at Hyderabad, Telangana, India shall have exclusive jurisdiction in respect of all disputes arising in relation to use of the Application. In case of any disputes, controversies and/or differences of opinion arising with reference to the use of the Application, you hereby agree that, it shall be adjudicated by referring the same to a sole arbitrator, appointed by Ivica. The venue of Arbitration shall be at Hyderabad and the proceedings of the arbitration shall be governed by the Indian Arbitration and Conciliation Act 1996, or any statutory modification or re-enactment thereof for the time being in force. The arbitration proceedings shall be conducted in the English language.
You agree that your access to, and use of, the Application and the Ivica Content thereof is at your risk. You agree that the use of the Application is not a secure method of transmitting information, and that the risk of any loss of information or interception of information by any third party will be borne by you and that Ivica shall not be liable for the same. You agree to indemnify and hold Ivica, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, partners, shareholders and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made against Ivica by any person due to or arising out of or in connection with your use of the Application. Although Ivica agrees to take best efforts to protect security of the data placed on the internet, Ivica shall not be liable at all for any virus, misuse if any, of any data placed on the Internet or on the Application, by third parties "hacking" or unauthorised access, transactions or use of information. You will at all times indemnify Ivica from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any use of the Application and from and against all damages, costs, charges and expenses in respect thereof. You agree, that under no circumstances shall Ivica be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages arising from viruses, worms, trojan horses or other code that has contaminating or destructive properties or your referencing, using, accessing, inability to use or access or linking to or from the Application of Ivica or any errors or omissions in the Ivica Content thereof. Furthermore, Ivica shall not be liable for any damages or injuries arising out of or in connection with the use of the Application or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business; error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon Instructions or to provide any facility for any cause that is beyond Ivica control. In the event Ivica takes any legal action against you as a result of your violation of these Terms, Ivica will be entitled to recover from you, all costs of such action, in addition to any other relief granted to Ivica. You agree that Ivica will not be liable to you or to any third party for termination of your access to the Application as a result of any violation of these Terms or for any other genuine reason. In the event, the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages is not permitted under laws, regulations or statutes. The liability of Ivica shall be limited to the greatest extent permitted by applicable laws.
DISCLAIMER OF WARRANTY
The information appearing on the Application is for general information purposes only. The information is provided by Ivica and whilst it is our endeavour to keep the information updated and factual, the Application and its content is provided on an "as is" and "as-available" basis and we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Application or the information, products, services, or related graphics contained on the Application for any purpose. Any reliance that any user of the Application ("you") places on such information is therefore strictly at your own risk. Ivica does not promise that the site, applications or any content, service or feature of the Application will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. Ivica disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Information contained in this Application is based on the law and practice currently in force in India and are subject to change therein. The information contained on the Application is to the best of knowledge of Ivica in accordance with facts existing on date. The information provided on the Application, is for information purposes only and should not be relied upon as a basis for investment or medical or academic decisions. It does not consider the investment objectives, financial situation, medical history, approved medical procedures/practices or any other particular/specialized needs of the recipient. For the purposes of clarity please note that the Application content does not reflect the opinion of any Indian governmental body or entity. In no event will Ivica and/or its affiliates and their respective directors, employees, shareholders, be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever including those arising from loss of data or profits arising out of, or in connection with, the use of the Application or relying on information therein. Through the Application you may be provided links to other websites which are not under the control of Ivica. We have no control over the nature, content and availability of those sites. Links to other websites are provided for your convenience. We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites. The inclusion of any links does not imply a recommendation or endorsement of the views expressed or information or products provided or held within them. You shall access such third party websites solely at your own risk. Ivica disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Application and/or any services provided through the Application. Every effort is made to keep the Application up and running smoothly. However, Ivica takes no responsibility for, and will not be liable for, the Application being temporarily unavailable due to technical issues beyond our control. Ivica cannot ensure that any file or other data you download from the Application will be free of viruses or contamination or destructive features. We do not warrant that the servers that make and support the Application available will be error-, virus- or bug-free and you agree that it is your responsibility to make adequate provision for protection against such threats. We recommend scanning any files before downloading. Material available on or through the Application, including text, videos, sounds, music and images, is protected by copyright, trademark law and other intellectual property right laws and such intellectual property rights subsist with Ivica unless credited otherwise. Such material, including Ivica Content, shall not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your personal and non-commercial use. Prior written consent of the copyright/ intellectual property right holder must be obtained for any other use of such material. No part of the Application may be distributed or copied for any commercial purpose or financial gain. All intellectual property rights in relation to the Application are reserved and owned by Ivica, unless provided otherwise. You agree and acknowledge that you are and will be responsible for your connectivity. You agree that you are responsible for the means that you use to access the Application and acknowledge that your hardware, software, the internet, internet provider, and other third parties involved in connecting you to our Application may not perform as intended or desired. Ivica also disclaims responsibility for damages which third parties may cause to you through use of the Application, whether intentional or unintentional. For example, you understand that hackers could breach our security procedures, and that Ivica will not be responsible for any related damages. Reasonable precautions have been taken to ensure that the content available on the Application, including Ivica Content, account information and pricing data, ("Application Content") are complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including Third Party Content, we are unable to assure the accuracy of the data you access through the Application. Application Content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. We shall not be liable to you or any third party for any damages arising from any actions or investment decisions taken by you based on the accuracy of the data presented through the Application. Nothing on the Application should be taken to constitute professional advice or a formal recommendation and we exclude all representations and warranties relating to the content and use of the Application. It should be noted that the Application is intended to be a general guide and cannot be substituted for professional advice. Ivica does not accept responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained within the Application. You undertake to comply with all applicable laws and statutory requirements and agree to be bound by and to diligently follow and ensure compliance with all applicable laws. By using the Application, you agree to the Terms, exclusions, restriction and limitations stated above and accept them as reasonable. Do not use the Application if you do not agree that they are reasonable.