Mobile Application Development
Terms & Conditions

 

 

1. Your Acceptance

This is an agreement between MAD TECH SOLUTIONS PVT LTD. the owner and operator of www.MADTech.co.in (the "MADTech site"), the MADTech software products and MADTech Client (collectively, including all content available through the MADTech Client and MADTech Site, the " MADTech Product", or the "Service"), and you ("you" or "You"), a user of the product. BY USING THE PRODUCT, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF PRODUCT, AND MADTECH PRIVACY POLICY, WHICH CAN BE FOUND AT Privacy Policy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you may not use the PRODUCT.

2. MADTech Product

These Terms of Product apply to all users of the MADTech Product. The MADTech provided information may contain links to third party websites that are not owned or controlled by MADTech. MADTech has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MADTech will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that MADTech shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. MADTech Access

A. Subject to your compliance with these Terms of Service, MADTech hereby grants you permission to use the Product, provided that: (i) your use of the Product as permitted is solely for your personal, noncommercial use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Product in any medium without MADTech prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Product; and (iv) you will otherwise comply with the terms and conditions of these Terms of Product.
B. In order to access and use the features of the Product, you acknowledge and agree that you will have to provide MADTech with your phone number if you opt to provide as well as the phone numbers of third parties whom you wish to refer this product and phone number of the third party whom was referred by you. When providing your phone number, you must provide accurate and complete information. You hereby give your express consent to MADTech to use the phone numbers you provide for use in providing you access and use of the Product. You may never use another person's phone number without their permission. You shall notify MADTech immediately of any breach of security or unauthorized use of your phone. Although MADTech will not be liable for your losses caused by any unauthorized use, MADTech will enable the application to its existing customer in new mobile only after the payment towards product.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, etc., that accesses the Product in a manner that sends more request messages to the MADTech servers in a given period of time than a human can reasonably produce in the same period by using a MADTech application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, MADTech grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MADTech reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by MADTech clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to solicit, for commercial purposes, any users of the Service.

4. User generated information/ Submissions

A. You shall be solely responsible for your own User Status Submissions and the consequences of posting or publishing them. Because MADTech is only acting as a application developer of PIYF 1.0 and user generated information of PIYF 1.0 do not necessarily represent actual and makes no guarantees as to the validity, accuracy or legal status of any condition.

B. In connection with User generated information/Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage MADTech or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

C. Adult content must be identified as such. MADTech does not endorse any User generated information/Submission or any opinion, recommendation, or advice expressed therein, and MADTech expressly disclaims any and all liability in that connection..

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MAD TECH PRODUCT/SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MADTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MADTECH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE/ACCESS TO AND USE OF OUR PRODUCT AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCT/SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MADTECH PRODUCT/SERVICE. MADTECH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MADTECH SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER GENERATED INFORMATION/SUBMISSION OR OTHER ADVERTISING, AND MADTECH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR UNDERSTANDING.

6. Limitation of Liability

IN NO EVENT SHALL MADTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE/ACCESS TO AND USE OF OUR PRODUCT/SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MADTECH PRODUCT/SERVICE CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MADTECH SHALL NOT BE LIABLE FOR USER GENERATED INFORMATION/SUBMISSION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by MADTech from its facilities in INDIA. MADTECH makes no representations that the MADTech product/Service is appropriate. Those who access or use the MADTech PRODUCT/Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnity

You agree to defend, indemnify and hold harmless MADTech, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MADTech product/ Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User generated information/Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MADTech product/ Service..

8. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. MADTech is the developer of the product/Service, with an address at No 13, 1ST CROSS,UDAYA NAGAR, CHIKKALSANDRA, BANGALORE,INDIA - 560061

9. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MADTECH without restriction.

10. General

You agree that: (i) the MADTech product/Service shall be deemed solely based in Bangalore,india; (ii) the MADTech product/Service shall be deemed a passive server that does not give rise to personal jurisdiction over MADTech, either specific or general, in jurisdictions other than Bangalore,india; and (iii) that you agree to subject to the jurisdiction of Bangalore,india; in the event of any legal dispute. Any claim or dispute between you and MADTech that arises in whole or in part from the MADTech produt/Service shall be decided exclusively by a court of competent jurisdiction located in Bangalore,India. These Terms of Service, together with the Privacy Notice at http://www.MADTech.com/legal/#Privacy and any other legal notices published by MADTech, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and MADTech concerning the MADTech procut/Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MADTech's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MADTech reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. Your use of the MADTech product/Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MADTECH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MADTECH PRODUCT/SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.