AppBundle is an unregistered tradename owned by MOBILE ACID (hereafter “AppBundle”, “we”, “us”). Unless specifically and separately agreed in the present agreement or any other similar agreement, this Master Client Agreement serves the Client (hereafter “you”) and AppBundle relation and further governs the usage of the AppBundle‘s services by you. The present agreement also administers the practice of AppBundle.in (hereafter “the website”) and other affiliated services by you.
We advise and urge earnestly that you please carefully go through the terms of the present agreement. Your express move of subscribing constitutes an acknowledgement that you have, read and completely understood the facets, aspects, implications and effects of the present agreement and you expressly consent to be obliged by the terms of the present agreement without any sort of restrictions and qualifications and further you accept to comply with the local laws and rules and regulations that prevail at the time of signing of this contract.
1. Platform and Services: Introduction
AppBundle is an exhaustive platform for passionate individuals and expansive entities to gain the most viable and apposite bundle of resources to further enhance their respective businesses.
AppBundle envisages stocking individuals and companies with workable software solutions and radical ways to strengthen their existing business or establish and manifest an idea of business into reality through the emphatic assistance of our premade software solutions that we leave at the disposal of our clients for accruing maximum benefits for them and their respective vocations.
2. Procedures, Processes and Functioning of the Site/website
AppBundle provides an intuitive software source codes for the Client to apply for various ideas or businesses. The Procedure involves the client:
• Visiting the Website or enquiring on online platforms
• Going through demo to get a better idea of the products offered
• If interested a bundle ordering page is offered for providing with important details of the Client
• Client receives an App bundle or app he/she purchased through email.
Note: The Procedure mentioned above may differ depending on the convenience of AppBundle or other factors like change in the framework of the website, non-functioning of the database server, or non-availability of AppBundle personnel.
It is also made clear that the client will not be given any liberty to contact AppBundle via personal message or phone call on any given random day seeking for support. Therefore any support outside the rigid protocol and the given platforms would not be entertained.
Also no request for physical confrontation or meeting with any AppBundle’s employee will be acknowledged or allowed.
Interactive Features of the Web Site
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
a. Restrict or inhibit any other user from using and enjoying the Site.
b. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
c. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
d. Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
e. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
f. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
g. Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
h. Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
i. Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
j. Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
k. Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
l. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
AppBundle has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree
that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
3. Customer Obligations and Other Disclaimers
In executing the aforementioned processes and in order to meet the objects of the present agreement, the client undertakes to do the following:
b. Client shall agree to and comply with the policies of AppBundle.
c. Client shall act in good faith and shall not transfer the access conferred to him to any third person for any purpose except warranted by any term of the present contract. Client will be solely responsible and liable for any person using their profile to access the material specifically provided to the subscribing client.
f. Client shall not in any manner copy, imitate, resemble or reproduce any material provided by AppBundle to client in pursuance of the subscription.
g. Client shall not preclude AppBundle from displaying their role in the success of the client’s business as a means of publicity.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not AppBundle. Neither AppBundle nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, AppBundle neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized AppBundle representative while acting in his/her official capacity.
The information, products and services offered on or through the site and by AppBundle and any third-party sites are provided “as is”
and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
4. Payment, Charges and Refund
Every client who purchases products available on the website has to pay the full amount highlighted at the payment screen emanating from the AppBundle‘s server, and on successfully making of the payment, the client will be intimated of the successful payment, resulting in complete access to the products of AppBundle to the client.
Every potential client is given a demo of the products offered. He/she may choose to buy the products only when satisfied with the demo item. Since our products involve resale rights, We will not entertain any refund requests.
5. Limitation of Liability
In no event will either party be liable for consequential, incidental, indirect, punitive, exemplary or special damages however caused and based on any theory of liability arising out or relating to this Agreement, even if a party has been advised of the possibility of such damages.
The above mention limitation shall not apply to (i) Client’s Obligation under Clause 8 of the present agreement; (ii) claims or causes of action which is due to Client’s gross negligence or willful misconduct or that of a non-Individual client’s officers, directors, employees, agents or representatives; and (iii) breach of Client’s obligation of confidentiality. The parties acknowledge that the limitations set forth in this section are integral to the amount of consideration paid or to be paid under this Agreement.
6. After Sales Services:
AppBundle assures that in their attempt to provide satisfactory service to the client, AppBundle will provide after-sale services (limited to information about apps/games) to the client in the form of text chats or email and AppBundle further declares that its agents will be available for clarifying any query a client may have related to apps or games during the time period of 1 month. AppBundle will make all the efforts to give any support in an expeditious manner.
AppBundle will not assist in installation, setting up app/game, or errors/bugs related to clients/customer’s computer systems or environments.
AppBundle reserves the right to stop after-sale services due to different factors, including the availability of resources and personnel, termination of the present agreement, or any other intrinsic or extrinsic factor that might preclude AppBundle to continue with the After Sales Services or provide the affiliated services expeditiously.
7. Transfer/ Assignment of Accessing Rights
It is unequivocally made clear that under no circumstance any Client will be allowed to transfer his/her/its accessing right to materials offered by AppBundle. Any discernible Act of transfer will lead to a breach of this present agreement.
Also any downloading and further assignment of any material that may or may not comprise of AppBundle “Confidential Information” or AppBundle Service Product is prohibited and the client should refrain from downloading and assigning the proprietary material provided by AppBundle.
8. No Guarantee
The AppBundle does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of The AppBundle may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
10. Dispute Resolution
In any event of any dispute, controversy or claim arising out of or relating to this Agreement or any subsequent amendments to this Agreement including, without limitation, the breach, termination, validity or invalidity thereof or any non-contractual issues relating to this Agreement, each of the parties will make striving efforts to resolve such dispute or to negotiate for a resolution.
a. All disputes, controversies or claims between the Parties hereto arising out of or relating to this agreement (including, but not limited to, disputes as to the validity, interpretation, performance, breach or with respect to damages upon the termination of this agreement) which are not settled pursuant to the issue resolution procedures set forth in section 15.1 hereof, will be settled by final and binding arbitration in accordance with the following.
b. Except as specified herein or otherwise agreed to in writing, the arbitration will be conducted in accordance of and in conformity with the Indian Arbitration and Conciliation Act, 1996 (as amended up to date), in effect at such time (The Rules), by a panel of Single Arbitrator in accordance of the Rules. Both the parties in consensus while entering into this agreement appoints Adv, Nitya Khurana, BA LLB(H) as the Sole Arbitrator for deciding disputes as have been adverted in the present clause. It is clarified that before invoking the present clause for initiation of the arbitration proceedings a 15-day notice of dispute is to be tendered by the affected party to provide adequate time for compliance of Clause 15.1.
c. The sole arbitrator is authorized to tender awards of monetary damages and injunctive relief or both. The sole arbitrator may, at its discretion, order one party to reimburse the other party for all or any part of (i) the expenses of the arbitration paid by the other party, or (ii) the attorney’s fees and other misc. expenses reasonable incurred by the other party in connection with the arbitration.
d. Prior to the start of any arbitration, each party will make in advance half payment towards the estimated expenditure which may be incurred for conducting the arbitration proceedings. The Sole Arbitrator will be responsible for apprising the parties of the estimated arbitration fee/expenditure. All the cost of arbitration proceeding will be borne equally by AppBundle and the Client. The arbitral award should be in writing setting forth the legal and factual basis for the award and shall be final and binding upon the parties who agree, in writing, to waive all rights of appeal thereon subject to the Indian Arbitration and Conciliation Act, 1996. Notwithstanding anything to the contrary in this agreement, the Sole Arbitrator shall be bound by the express terms of this Agreement, and shall not change or modify any term of this Agreement clearly expressed therein.
11. Governing Law; Class Action Waiver-
11.1 Governing Laws
This agreement shall be governed exclusively and solely by and construed in accordance with the laws of India and Goa in specific and incase of any conflict of laws and promulgations of a foreign country and the laws of India, the Indian law will prevail.
11.2 Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY- IT MAY SIGNIFICANTLY AFFECT LEGAL RIGHTS. The Client agrees that they will resolve any claims on an individual basis and that any claims brought under this Agreement or in connection with the agreement will be brought in an individual capacity and not on behalf of, or as part of, any purported class, consolidated or representative proceeding. The Client further agrees that he/she/it shall not participate in any consolidated, class or representative proceeding (existing or future) brought by any third party arising under this Agreement or in connection with the agreement. If any court or arbitrator determines that the class action waiver set forth in this clause is void or unenforceable for any reason or a claim can proceed on a class basis, the claims must be adjudicated within the territory of Goa and within the jurisdiction of courts in Goa.
12.1 Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes any or all prior to the contemporaneous agreement, understanding, negotiation, warranty or representation between the parties in connection with the subject matter of this Agreement.
The failure of either party to promptly enforce or seek remedy for the breach of any provision of this Agreement shall not constitute a waiver of such provision or any part thereof. No term or provision shall be deemed waived, and no breach hereof shall be deemed consented, to, unless such waiver of or consent to any other term or provision.
12.3 Force Majeure
Except for the payment or any other due towards AppBundle, neither Party shall be liable to the other for any delay or failure to perform due to fire, flood, strike, act of God, earthquakes, war, terrorism, invasion, hacking, riot or civil unrest, a national or regional emergency, blackout, shortage of adequate power or telecommunications, or any other causes beyond its reasonable control including political and geo-political causes and without the fault or negligence of the delayed or non-performing party, including specifically AppBundle’s web hosting service provider or database hosting provider to provide service to AppBundle (a “Force Majeure Event).
13. Overriding Clause
It is clarified that in case of any discernible contradiction that may arise between the present agreement and any other policies, agreements, contracts or terms of AppBundle, then the present contract will have an overriding effect on other policies, agreements, contracts or terms till the extent of that contradiction.