The App is meant as a companion for travelers. It provides, among other things, details about selected places to visit in a particular locale in convenient text and audio format.
Your use of the Services will be deemed as a representation made by you of the fact that you are an adult and are legally competent to enter into a contract.
We reserve the right to alter or modify these Terms at any time without giving prior notice to you. Your use of the App and/or any Services offered constitutes your unconditional acceptance of these Terms. We also reserve the right to post supplementary terms for any Services that may be offered. In such an event, your use of those Services will be governed by these Terms as well as any such supplementary Terms.
When you register with us, you must signify your acceptance of these Terms. If you do not agree to these Terms or any future alterations or modifications to these Terms, you must immediately discontinue use of the App and any Services offered by it. You are also free to discontinue use of the App at any time by uninstalling the App from your mobile phone.
If any of these Terms is determined to be unlawful, void, or unenforceable for any reason by any judicial or quasi – judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure to act with respect to a breach of any of these Terms by you does not waive our rights to act with respect to any later or similar breaches.
We reserve the right to suspend or terminate your access to all or any of our Services at our sole discretion at any time by giving you prior notice. We also reserve the right to suspend, add, modify or discontinue any or all Services available on the App at our sole discretion at any time without giving you prior notice. In such an event, you agree and give your consent to the fact that we will not incur any liability to you or any third party.
The App provides capsules of information to you regarding places and monuments of interest in a particular city or locale in a language preferable to you in both, audio and text format. Based on your physical presence in a particular location, it may determine your GPS co-ordinates from your mobile phone and display places of interest in that location. It requires you to log in using your Facebook or Google account to complete the registration process and uses the information provided by you for authentication and registration.
All content and material on the App including but not limited to information, images, marks, logos, animation and softwares (collectively referred to as 'Content') are protected by applicable intellectual property laws
Any usage of the App without consent for any unintended purpose like advertisement, publicity or any other purpose will be considered an infringement of our proprietary and intellectual property rights and will make you liable for appropriate legal action including injunction and compensation.
You may not yourself or through a third person or through any automated program commit any act, implied or express, which violates any intellectual property right including copyright and trademark rights in any Content.
The App may contain third party Content or Content posted by other Users. In such case, we do not guarantee the accuracy, integrity or quality of such Content. You agree that if you rely on such Content, you do so solely at your own risk and liability.
Intellectual property rights in Content not belonging to us belong to the respective owners and any claims arising out of such Content must be directly addressed to the respective owners.
The App may contain links to third party resources. If you access any such resource, you will be subject to terms and conditions posted on it. We neither control nor are responsible for Content on such sites. The fact of a link existing on our App to any third party resource is not an endorsement of that App by us.
You understand that activities relating to such third party resources are solely between you and such third parties. You understand and acknowledge that we will not be liable for any loss or damage you may incur as a result of any of your transactions with such third parties.
You are legally responsible and liable for all of your activities on the App.
You may not extract or attempt to extract or otherwise modify Content on the App, or remove, obliterate or obstruct any proprietary notices or labels.
You may not use Content on the App for commercial purposes including using the same for soliciting any commercial transaction or transaction that can be deemed commercial in the eyes of the law.
By viewing or using the App or availing of any Services You agree that we will not incur any liability for the same.
During the registration process, you will be required to login through either your Facebook or Gmail account. You acknowledge that we may, at any time, verify the correctness of this information and in order to do so may require additional documentary proof from you failing which we reserve the right to take whatever action we deem appropriate with regard to your registration with us.
You will not in any manner try to use subvert or modify the App to distribute Content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 in force in India) which may interrupt, destroy or limit the functionality or disrupt any software, hardware, or other equipment.
You may not, through any service or facility provided by the App, promote the Services of any third party including any App which may be providing similar Services.
You may not impersonate another person or user in your use or attempted use of the App.
You may not host, intercept, emulate or redirect proprietary communication protocols, if any, used by the App regardless of the method used, including protocol emulation, reverse engineering, modifying the App or any files that are part of the App. You may not add unauthorized components, create or use exploits, bots, hacks or any other third-party software designed to modify the App or use any third-party software that intercepts, mines or otherwise collects information from or through the App or through any Services.
You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, Content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the App or by using any Services.
The App may require you to pay a subscription fee, as described in the 'PAID SUBSCRIPTION' section below.
Your subscription to the App signifies that you agree and consent to the following:
A. You represent and warrant that you are eligible to contract under the Indian Contract Act, 1872 and that you have the legal capacity to enter into this Agreement.
B. You agree and acknowledge that we will take all steps necessary to determine whether your subscription with us is in accordance with the terms and conditions laid down herein.
C. We reserve the right to prohibit your access to the App should we have reasonable grounds to suspect that your subscription with us is for any purpose other than the Services that you can avail of through the App.
D. You will be liable to comply with any applicable law while registering on the App. You agree to indemnify us against any claims, expenses or liabilities by any person or entity arising out of your non compliance of any applicable laws.
E. You acknowledge that your registered electronic mail address with us is our primary method of contacting you and you agree to keep such address current and updated at all times.
If you desire to obtain certain services on the App for which a subscription fee is applicable, you agree to pay such subscription or fee as applicable. We reserve the right to change the amount of such subscription fee at any time and you agree to accept such changes unconditionally. Any applicable tax, levy or cess on membership charges will be borne by you.
Your membership on the App which requires you to pay subscription fees is additionally subject to the following terms and conditions:
1. The subscription fee paid by you is non-refundable. We, therefore, recommend that you familiarize yourself with and understand fully the scope of the Services before being a paid subscriber
2. Your registration details including your name using which you have registered on the App must correspond with the name and other details on your credit card or any other payment system by means of which we accept payments to the App. We reserve the right to verify your identification details from time to time before effecting a transaction with you. At any point of time in our transactions with you, if we detect or have reasonable cause to suspect that you may be involved with identity fraud, we may bar you from accessing the App without prejudice to any other legal recourse we may have.
3. You understand and agree that we reserve the right to suspend or terminate your subscription with us solely at our discretion at any time and refund your subscription fees after deduction of the appropriate amount on a temporal pro rata basis depending on your usage without incurring any additional liability to you whatsoever. However, should we have reasonable cause to believe that any fraudulent activity including, inter alia,
a. using credit card(s) not belonging to you without permission of the owner of the card to make payments, or
b. accessing someone else’s account without authorization, is being carried out involving your account, we may, apart from terminating your account and debarring you from future registration with us, take recourse to due legal process for mitigation of the fraud.
The design of the App and the source code of the underlying applications are the property of Mediafusion and are protected by appropriate intellectual property laws including but not limited to copyright and trademarks. Content on the App shall be deemed to belong to Mediafusion.
You are prohibited from copying, adapting, distributing or reverse engineering the App or any of its associated application in any manner. Any Mediafusion content that is available may not be copied or used without due written authorization from Mediafusion. Any violation of the terms of this section may result in Mediafusion initiating appropriate civil and criminal proceedings against you.
Mediafusion expressly disclaims all warranties or conditions of any kind; express, implied or statutory, including without limitation the implied warranties of title, non - infringement, merchantability and fitness for a particular purpose.
You understand and acknowledge that the information and Services available through the App are not meant to be a substitute for historical and academic research or study and are primarily meant for informational purposes only. Consequently, Mediafusion does not imply that you should cite Content available on the App as an authentic or accurate source of historical, genealogical or geographical information in any document that has academic, legal or any other ramification other than general information purposes. Whereas, all care is taken to give you information about a monument, site or place that is historically and geographically accurate from publicly available sources, Mediafusion does not guarantee that such information is one hundred percent accurate and shall conform to published authority or any other published document relating to such Content.
While all care and diligence is taken to ensure that the audio clips relating to Content on the App are clear and unambiguous, Mediafusion does not guarantee audio quality or correctness of accent, diction, utterance or pronunciation according to your subjective needs or requirements or that the audio will conform to your expectations. You understand and agree that if you use this App for any purpose other than purely informational purposes, you do so entirely at your own risk and will not hold Mediafusion liable for any consequence(s) that may arise therefrom.
You understand and acknowledge that the App is an automated platform or an interface for accessing certain services. Therefore, your interactions and dealings with third party entities, if any, that you may find on or through our Services, whether commercial or personal, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities. You should make whatever investigation or precaution you feel is necessary before proceeding with any online or offline transaction with any such entity.
You agree not to make Mediafusion responsible or liable for any loss or damage of any nature incurred as the result of such dealings. You understand and agree that Mediafusion is under no obligation to become involved in the event of a dispute between subscribers on the App, or between subscribers and any third party. In the event of such a dispute with one or more other subscribers, you hereby release Mediafusion, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Services.
Mediafusion does not ensure or guarantee continuous, error-free, secure or virus-free operation of the App or its Content, your account or continued operation or availability of any facility on the App. You voluntarily and with full knowledge risk such contingencies as aforesaid when you install and subscribe to the App.
You agree that in the unlikely event of interruptions in the Services or your mobile phone being adversely affected by any unintended and unwanted computer contaminants from the App, such outages would be with your permission and that you will not file any claims for compensation under any law for the same.
Additionally, Mediafusion does not promise or ensure that you will be able to access your account whenever you want. It is entirely possible that you may not be able to access your account or the Services provided by Mediafusion at times or for extended periods of time. Mediafusion also reserves the right to shut down the operations of the App permanently should it be compelled to do so due to unforeseen circumstances or for any reason not under the control of Mediafusion including but not limited to financial or regulatory issues. In such an event, you agree not to make Mediafusion liable in any manner.
You agree to assume the whole and entire risk as to the results and performance of any Services availed by you on the App as such result and performance depends on your Internet connection among other things. Mediafusion expressly disclaims liability for any delay or failure that you may experience to access the App.
Mediafusion disclaims responsibility and liability for any harm resulting from suspension or deletion of your account due to any reason whatsoever. If you are a fee or subscription based user of the App, you acknowledge and agree that you will not be entitled to any refund in case of any service outages that may be caused by periodic maintenance of Mediafusion’s hardware or software, failures of its service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of Mediafusion.
Mediafusion shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the App.
You agree to indemnify, defend and hold Mediafusion harmless from all claims, damages and expenses made by any third party arising out of
a) your use of the App, your connection to the App, or
c) use of the App by any other person accessing the Services using your user name or password, whether or not with your authorization.
The place of arbitration shall be Gurgaon and the language of arbitration shall be English. The applicable law shall be the laws of India.
Mediafusion respects your privacy and assures you that any information provided by you to Mediafusion is protected and will be dealt with according to this Policy. To avail the services offered on the App, you may have to agree to provide certain information to us. This includes your
1. Valid Gmail address or Facebook ID
2. GPS Location
You give explicit permission to Mediafusion to use and process such information for the purpose of analysis and reporting pursuant to the functionality of the App. At no point of time will Mediafusion share such information with a third party without your consent other than for the purposes for which the App is installed. If you do not login to the App for a consecutive period of 6 months, your login information removed from Mediafusion’s systems.
When you install the App, certain information may also be automatically collected and stored, including:
1. The IP address of your mobile phone, browser type and language.
2. The date and the time during which you accessed the App.
3. Your GPS location
When you visit the App, cookies may be left in your mobile phone. A cookie is a small text file that uniquely identifies your browser. The cookies assigned by the servers of Mediafusion may be used to personalize your experience on the App. Additionally, cookies may also be used for authentication, management and security purposes.
Cookies may also be assigned by the advertisers of Mediafusion when you click on any of the advertisements which may be displayed on the App in which case such cookies are controlled by these advertisers and not Mediafusion.
When you login through your email address with Mediafusion, you agree to receive email communication from Mediafusion and entities specifically authorized by Mediafusion and other users.
When you login through your email address with Mediafusion, you agree to receive email communication from Mediafusion and entities specifically authorized by Mediafusion and other users.
Mediafusion may also use software applications for App traffic analysis and to gather statistics, used for advertising and for determining the efficacy and popularity of the App, among others.
Information gathered by Mediafusion is stored securely using several information security applications including firewalls and industry standard encryption. However, security is always relative and Mediafusion cannot guarantee that its security measures are absolute and cannot be breached.
Also, data which is transmitted over the Internet is inherently exposed to security risks or threats. Therefore, Mediafusion cannot guarantee any security for such information and you agree not to hold Mediafusion liable in the event of a security breach during transmission.
When you register with Mediafusion, you are responsible for maintaining the confidentiality of your login information including your username and password. If you become aware of or reasonably suspect any breach of security, including compromise of your login information, it is your responsibility to immediately notify Mediafusion. At no point of time will Mediafusion be liable for your loss of password or loss of control over your account.
Mediafusion may share your login information with entities authorized by Mediafusion which may include advertisers and sponsors of Mediafusion who may, in turn, contact you by electronic mail or otherwise. Mediafusion conducts periodic analysis and survey of the traffic gathered from the App for market research and advertising purposes. Mediafusion reserves the right to share your registration information with Mediafusion appointed market research and advertising companies or firms from time to time for the said purposes. Mediafusion may also use cumulative non-personal information for auditing and analysis purposes with the aim of improving its services.
Mediafusion may share personal information with potential and subsequent business partners if Mediafusion ever files for bankruptcy or becomes insolvent or is acquired by a third party, merges with a third party, sells all or part of its assets, or transfers substantially all or part of its relevant assets to a third party. Mediafusion may also share personal information with third party payment gateways for processing of financial information and for verification of identification details from time to time. Additionally, Mediafusion may share all data including personally identifiable information if sharing of such information is necessary:
1. to comply with legal processes or governmental request, or
3. for prevention of fraud, or
4. for issues involving information security, or
5. to protect
a. your rights;
b. the rights of Mediafusion; and
c. the rights of the general public
Every city you travel to, has a story waiting to be explored. Discover them all with the Trotoise App - your travel buddy that gives a different twist to any travel plan - business or otherwise.
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