Please read all the terms of this user agreement carefully before you use G Plus app to make sure you understand your rights and obligations in relation to your use of the G Plus application. All components of app are developed by us, and the intellectual property rights (including any copyright, patents or trademarks) belong to us.We always respect and protect the legal rights of all our users in relation to privacy and user information. Rest assured that we do our utmost to prevent your rights from being infringed when you use our products. This Agreement is the final and conclusive agreement between you as the user (including any natural person, legal person or other organisation) and Insight Brandcom Pvt. Ltd. and its affiliates. The terms of this Agreement is legally binding when you use app, including any updates or modifications it may go through in the future. As stated above, we have set out all rights and obligations, including disclaimers excluding and limiting our obligations in relation to your use of the G Plus app. For minors, parents and legal guardians will need to accept the terms of this Agreement on their children’s behalf. If you are unable to accept all the terms of this Agreement, please do not use the G Plus app.
1. You hereby warrant that your use of the G Plus app is legal at all times and any registration information you have provided in relation to your information is true and correct.
2. Please keep your log-in information confidential. You accept sole responsibility for your personal information, registration and log-in information. You must inform us immediately of any behaviour in relation to actual or suspected violation of law or unauthorised use of your G Plus app and its linked accounts. We do not accept liability for any losses incurred as a result of non-compliance with your obligations under this clause. You are responsible for all costs relating to the purchase and use of the G Plus app (if any), including any fees incurred for Internet or data connections, at all times. Please check the costs of any telecommunications service you may be using for purchase, browsing and redirection to external links.
3. In accordance with the terms of this Agreement, we hereby grant you a non-transferrable, non-exclusive license to download, install and use the G Plus app, subject to the following conditions: (a)You may not license, sell, lease, transfer, or distribute app in any way or use it for any commercial purpose without prior consent from Insight Brandcom Pvt. Ltd. (b)You may not modify, translate, adapt, merge, use, improve any part of the app or any of its part or derivatives;(c)You may not use the G Plus with an intent to create a similar or competing product or service;(d)You may not reproduce, copy, distribute, sell, download or display any part of the app in any medium without our prior written consent; and (e)You may not remove or destroy any copyright notices or other proprietary marks displayed or contained in the G Plus application. (f) You acknowledge that all relevant intellectual property rights in relation to the G Plus app are owned by Insight Brandcom Pvt. Ltd. and its subsidiaries or any authorised persons (if applicable) at all times.
4. This Agreement, “User Content” refers to content you or any user may publish or generate in relation to use of the G Plus app, including, but not limited to your personal information, images, audio or video files. It also includes any other information generated as part of G Plus app’s future features.
5. As part of G Plus app’s functionalities, you are able to share some of your User Content on social media or other websites if you choose to do so. We may allow some of your User Content to be synced to your Cloud services. At all times, you are solely responsible for all of your User Content. This means that you bear the risk of your User Content being disclosed to other users or members of the public.
6. For all User Content shared by users, we reserve the right to monitor and examine the content based on our sole discretion. We do not bear any obligation to examine or approve of any User Content being generated or published by users. You hereby provide consent that we may delete, modify or move your User Content and reserve the right to do so at any time without prior notice.
7. From time to time, you may wish to provide suggestions or feedback to us in relation to the app (“Feedback”). For all such Feedback, you assign all the rights to us and agree that we have the right to use the Feedback and related information in a reasonable way. We will treat the Feedback as non-confidential and non-proprietary. When you give Feedback, please ensure that you do not provide any information to us you consider to be confidential or proprietary.
8. You agree that when using the G Plus app and its related services, you will not do the following, and accept sole legal responsibility for any penalty, losses or other consequences if you do:(a)Violate the applicable laws and regulations, including the constitution;(b)Spread (or abet in) obscenities, pornography, gambling, violence, terror or any other crime;(c)Insult or slander others, or otherwise infringe upon the legitimate rights and interests of others;(d)Threaten and disrupt state security, social order or incite ethnic discrimination; and (e)Any other action prohibited by law.
9. When using the G Plus app and its related services, you agree not to engage in the following:(a)Transmit or share computer viruses, worms, malware, or any software that intentionally destroy or alter computer systems or data;(b)Disturb or harm our web servers or web connection or place an undue burden on our servers;(c)Collect information about other users without authorisation, e.g. email addresses;(d)Attempt to access our server data or communications data without authorisation; and (e)Disrupt, whether partially or totally, other users.
10. Termination (a). This Agreement is effective and remains in force from the date of your acceptance during the period you use the app until it is terminated in accordance with this clause. Notwithstanding the foregoing, if you used app before accepting this Agreement, you agree that the Agreement is effective from the date of your first use. (b) We may terminate this Agreement at any time without notification for any reason, including but not limited to when we believe in good faith that you have breached the terms of this Agreement or upon receiving notice from a copyright holder or his legal representative that you have violated the copyright of a third party in relation to your use of G Plus app.(c) Upon termination of this Agreement, we may terminate your ability to use the app or use other associated service of the application. We may delete your User Content from our active database. We do not have any obligation to you as a result of terminating the Agreement in relation to your User Content. Amendment(a) We may amend this Agreement from time to time. For any substantial amendments, we will notify you appropriately, whether to your email or by sending a notice linked to your accounts. Your continued use of G Plus app following notice of such amendments constitutes acceptance of the amended terms of the Agreement.b) We reserve the right to modify, retain or terminate any services associated with the application at any time without prior notice. You acknowledge that we shall not bear any liability to you or any third party for the modification or termination of services associated with the app.
11. Third Party Services & Actions(a) Third Party Services. You acknowledge that our services may be based on technical support from third parties, including but not limited to Apple iPhones and Android systems. Please note that this Agreement governs the rights and obligations solely between you and Insight Brandcom Pvt. Ltd. and not with any third party. In your use of G Plus app, you may encounter third party information and services. We do not monitor this and shall not be responsible for information or services provided by third parties, and only provide them for your convenience or to fulfil third party’s requirements. You must bear full risk on access or use of the above and are bound by any terms and policies the third party may impose in relation to such information or services.
12. Interaction with other users. You may encounter User Content from other users. We do not control such User Content and shall not be liable for any User Content. We do not have any obligation to check, monitor, examine, approve or guarantee for any User Content and any risks from interaction with other users and their User Content is borne fully by you.
13. Exclusion of Liability & Disclaimers
As permitted under law, G Plus, its officers, directors, employees, agents and business partners shall not have any liability whatsoever and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, whether direct or indirect, for any loss of profit, loss of anticipated savings, loss of business, loss or damage to goodwill or reputation, or any indirect, special, consequential, exemplary, incidental or punitive loss or damages in relation to this Agreement.G Plus, its affiliates, subsidiaries, officers, directors, employees, agents, re-sellers, distributors, vendors and partners disclaim all warranties, whether express or implied guarantees, or conditions with respect to your use of the application. You understand that use of G Plus app is on an “as is” basis “with all faults” and “as available”. We do not guarantee that your use of this app will be timely, uninterrupted, secure, and error-free or that content loss will not occur. G Plus does not represent or guarantee that the user content will be free from loss, corruption, attacks, viruses, interference, hacking or other security intrusions and G Plus disclaims any liability relating to any such security intrusion. G Plus also disclaims any loss caused to users because of third parties, including but not limited to communication line breakdown, technical problems, network and\/or computer breakdown, or other force majeure. You hereby understand and consent that G Plus has the right to alter, suspend, or terminate the app services and have no obligation to inform you and is not liable for any damage incurred by any user or any third party, whether direct or indirect. You bear all risks resulting from your use of G Plus app and disclosure of User Content. G Plus disclaims any liability for any loss or dispute arising from a third party’s access or use of G Plus app with your authorisation. Any User Content posted by users does not represent or reflect G Plus policies or viewpoint. You bear sole and full responsibility for your User Content, including any risks of threat, defamation, sedition, offensive or illegal information or activities, causing others psychological, physical or economic loss, etc.
14. Indemnity You agree to indemnify and hold harmless G Plus, its directors, officers, employees and agents from any claim or demand, including any legal costs, made by third parties arising from your breach of this Agreement, any investigation we may conduct for suspected breach of this Agreement. You agree to help G Plus avoid bearing any lawsuit, complaint, loss, damage, responsibility, cost and fees (including legal fees) from any third party caused by your actions whilst using G Plus app, your User Content or your breach of this Agreement. We reserve the exclusive right to defend claims in relation to G Plus app, and the exclusive right to claim compensation. In the event that you and G Plus jointly file a lawsuit against a third party, you shall not unilaterally reconcile the claim without written consent from G Plus and its subsidiaries.
16. Governing Law
This Agreement is governed by the laws of the Constitution of India. Disputing parties should strive to resolve any disputes in relation to the terms of this Agreement amicably. If an amicable settlement is not possible, the disputing parties agree to submit to the non-exclusive jurisdiction of the courts of India.
We do not waive any rights or remedies if we fail to or delay in exercising our rights and remedies under this Agreement. We are not prevented from further exercise of our rights or remedies after exercise of a single or partial right or remedy. Any waiver of a breach or default under the terms of this Agreement shall not be deemed a waiver of any subsequent breach or default and shall not affect our rights in relation to other terms of this Agreement.
18. Severability If any term of this Agreement is found to be invalid, illegal or unenforceable for any reason, it will not affect the validity of any other term of this Agreement. The remaining terms of this Agreement shall remain in full force and effect.
19. Entire Agreement This Agreement constitutes the final, entire and exclusive agreement between you and G Plus and its other concerns in relation to your use of the G Plus app, and supersedes all prior agreement, representations or understandings, oral or written, express or implied.
20. Assignment You must not assign any rights or delegate any obligations arising out of this Agreement without our prior written consent. Any assignment in violation of the foregoing will be null and void.
21. Third Party Rights A person who is not a party to this Agreement shall have no right under any legislation of any jurisdiction to enforce any of the terms of this Agreement.
22. Headings The headings of each section are only for reference and shall not affect the legal meaning or inte rpretations of the terms of this Agreement.