VIYATUS TECHNOLOGIES PVT LTD TERMS AND CONDITIONS
Table of Contents
- Copyright License
- Description of Our services
- Personal Data Collection
- Accounts and Registration
- Account Responsibility
- General User
- Business User
- Posting Content
- Your Content
- Communications from Budview and Others
- Responsibility to your Content
- Our Right to Use Your Content
- Content Subjectivity Disclaimer
- Provided Advert Materials
- Payments for Ads
- Google Play Store
- Apple Store
- Other Sites
- Copyrights and other Intellectual Property
- Breaches of these Terms
- Your Liability to Us
- Children Privacy
- No Reliance
- Data and Security
- Governing Law and Jurisdiction
- Comments and Complaints
PLEASE READ CAREFULLY
Welcome to Budview.xyz Application and services; The Budview Application and services is owned and operated by “Viyatus Technologies Pvt Ltd” and https://viyatus.com (Collectively “the Viyatus Technologies”) with business address; 4-32-221, Allwyn Colony Phase-1, Kukatpally Hyderabad Tg 500072 India. This terms and conditions page sets out the terms and rules for using the Budview application and services; it also describes the laws that govern both our services (“services”) and our users (“Business Users or General Users”). When we refer to “You” within the document, we mean Users, or Business Users or General User, where we refer to “”we” “”us” “”Our”” refers to Viyatus Technologies Pvt Ltd or the Budview Application.
PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS. BY DOWNLOADING AND INSTALLING THE BUDVIEW APPLICATION, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS AND EVERY OTHER AGREEMENT PROVIDED BY THE BUDVIEW APPLICATION.
To use our Services, you must verify that you have attained the legal age of (18 years of age) and entering into a binding contract. If you are using our Services on behalf of a third party or other persons, you represent that you have authority to act on behalf of that entity and bind that entity to this Agreement.
Copyright © 2021(S) Budview Application. Subject to the express provisions of these terms and conditions.
- Budview, together with Viyatus Technologies Pvt Ltd, own and control all the copyright and other intellectual property rights in xyz and the Material on our Application, and
- All the copyright and other intellectual property rights in Budview Application are reserved.
For purposes of this Agreement, “Confidential Information” means any information, proprietary to or maintained in confidence by either the user or Budview, will be treated as Confidential Information of each party with the same degree of care accords to its own Confidential Information, and it will not use, disseminate, or disclose to third parties any Confidential Information of the other party (“user or Budview“), except for the purpose of providing the Services, and for any other purpose it was authorize.
5.Description of Our Services
Budview is an application which provide a medium where users and businesses connect to share a common goal; The application offers the user with a selection of businesses, with good feedbacks, coupon deals, and discounts.
You can access features through the application that allow you to view local businesses, restaurant etc. Please note that these businesses are responsible for fulfilling the service or products offered by them and Budview will not be held responsible.
6.Personal Data Collection
When you register an account with us, either as a General user or Business User; Budview may collect and store some PII about you (“personal identification information”). Budview is committed to ensure that your personal information is protected at all times. Sensitive Personal Information can be defined as
- Email address
- Phone number
- Financial account information (other than payment information entered securely when paying for advertising services on the Application)
7.Accounts and Registration
To access the Application Services, you are required to register for an account via the Budview Application site. You will be required to provide a username and password or provide additional information. Alternatively. Some of this information may be of a confidential nature and may include personal identifying information (PII). Please note that our collection, use and disclosure of your Information is governed by these terms and conditions and our Privacy Statement.
When you register an account with us to use our services, you are required to be responsible to keep your account secured such as safeguarding your password and account credentials; you are also required to keep your personal information accurate and up to date, such as your payment information and email address. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
You can close your account at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease notwithstanding the foregoing.
General user are also referred to users or customer on the Budview application. The Services are available only to individuals (users) 18 years or above of age and can enter into a legally binding agreement under the Indian law. Users are able to register an account, view opinions, reviews of various businesses registered in the Budview application.
Business user are business entities, vendors, or service providers, registered on the application to post their services and products. Business user are also required to pay for advertisement services, provided by Budview application to receive insights and information about users and customers who inquired about their services and products.
Any person using the Services on behalf of such entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.
Budview allows you to post content, including photos, comments, links, and other materials. Any contents that you post or otherwise make available on Budview application is referred to as “User Content.” You retain all rights and are solely responsible for, the User Content you post to Budview app.
Our Services allow you to store or share your content or receive material through the application. Budview will never claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
When you share Your Content on the app, you understand that your content can be accessed, use, save, reproduce, broadcast, transmit, share and displayed by Budview for the provision of the services. If you do not want your content to be viewed by others, you are advised to not use the application to share Your Content. You agree that Budview cannot be held responsible for Your Content or the material you upload, store or share using the Services.
To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Budview services, you grant Budview a worldwide and royalty-free intellectual property license to use Your Content.
13.Communications from Budview and Others
By accessing or using the Service, you consent to receive communications from Budview through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), whatsapp, and Telegram groups. These communications are necessary to promote Budview or your business listed on Budview Application, and may be initiated by Budview, or other users. You further understand that communications may be sent using an automatic telephone dialing system and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, with Budview or made through the Service may be monitored and recorded for quality and security purposes. You can opt-out of certain communications by sending Budview an opt-out message at firstname.lastname@example.org.
14.Responsibility for Your Content
You alone will be responsible for Your Content, and once posted to Budview app, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with the personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Budview.
15.Our Right to Use Your Content
We may use Your Content in several ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their websites and media platforms (“Other Media”). As such, you hereby irrevocably grant Budview worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive and cause to be waived, against Budview and its users any claims and assertions of moral rights or attribution concerning Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
16.Content Subjectivity Disclaimer
Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit, or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and Budview does not guarantee that you will agree with them. You acknowledge these risks.
17.Provided Advert Materials
You hereby grant Budview the right to use, display and place any advertising materials, data and/or content, including, without limitation, photos, text, sound, and videos (collectively, “Ad Materials”) that you submit, upload or otherwise provide through the Budview application for promotion in connection with the placement of Ads. If you are a business user who use the Budview application to post ads, you agree that Budview may review your Ad Materials prior to placing such Ad; however, you are solely responsible for all Ad Materials, Ads, trafficking and targeting decisions with respect to your Ads, including all products and services offered or advertised via the ads. Budview may reject or remove Ad Materials or Ads at any time for any or no reason.
18.Payments for Ads
19.Google Play Store
By downloading the Application from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Google Play Terms of Services or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Application that you download from Google Play, and
- you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Budview or you (or any other user) under these Terms or the Google Play Terms.
By downloading the Budview application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
- These Terms between Budview and you; Apple is not a party to these Terms.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the application on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
- Apple is not responsible for the application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
- In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.
- Apple is not responsible for addressing any claims by you or a third party relating to the application or your possession or use of the application, including without limitation (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the application or your possession and use of the application infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
- Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
22.Copyrights and other Intellectual Property
The Budview App and Website contains valuable trademarks and service marks owned and used by Budview.xyz, including but not limited to, name, pictures, logo, videos, the Budview design, and the tag line (collectively, the “Budview.xyz Marks”). Any use of the Budview.xyz Marks without the prior written permission of Budview.xyz is strictly prohibited. The materials and layout of the Sites, and other content or Marks (collectively, the “Site Content”), are the sole and exclusive property of Viyatus Technologies Pvt Ltd.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
We are constantly developing and improving our Services. In the future we may decide to add or remove some services or features. You agree to be bind with the new changes and features available on this Application.
24.Breaches of these Terms
If you breach any of these terms and conditions in any manner, or if we reasonably suspect that you have breached the terms on this Agreement in any way, we retain the rights to;
- Send you one or more formal warnings;
- Temporarily suspend your access to our Application;
- Permanently prohibit you from accessing our Application;
- Black lists all computers using your IP address from accessing our Application;
- Contact any or all of your internet service providers and request that they block your access to our Application
- Begin legal action against you, whether for breach of contract or otherwise; and/or
- Suspend or delete your account on our Application.
Where we suspend or prohibit or block your access to our Application or a part of our services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Due to the nature of our services, we do not offer refunds. All subscription purchase are final and can not be refunded. If you believe this decision does not sit well with you, you are free to send us a message at email@example.com
26.Your Liability to Us
You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly).
If any provision or provisions of this terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
We respects the privacy of children, and we are committed to complying with the EU General Data Protection Regulation (GDPR) on Children Online Privacy and the UN Convention on the Rights of the Child. This site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide Budview services to children under 18 years of age. However, we may provide our service to children under 18 years of age but in the supervision of a parental guardian.
You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.
We reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. In the event you are required to indemnify us pursuant to these Terms or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.
31.Data and Security
The Budview services and Terms and Conditions shall be governed and construed in all respects by the Supreme Court of India and the European Union GDPR laws. You agree that any claim or dispute you may have must be resolved by arbitration.
33.Comments and Complaints
If you believe that your privacy has in anyway been violated, or perhaps you have a comment about one of our services; you may file a complaint with us at firstname.lastname@example.org. We will not penalize you for filing a complaint with us, and it will also not affect your ability to use services.