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Terms and Conditions of CatchMe Application & CatchMe Service
This Terms and Condition shall govern and is applicable for the use of CatchMe website and CatchMe Application.
By using CatchMe website and CatchMe application, the user accepts all these terms and conditions in a full manner. If any user does not agree to this terms and condition or any part of the terms and condition then the user must not use catchme website and catchme application. In no conditions and cases CatchMe is obliged and liable for the harm caused due to any reasons, if the user does not accepts this terms and condition.
Upon usage of the CatchMe website and CatchMe application, CatchMe will first ask for user's acceptance of this terms and conditions. Upon user's acceptance, or when user download or uses CatchMe website and CatchMe application, CatchMe automatically considers user's acceptance to these terms and condition, which governs and manages user's code of conduct and privacy of personal data.
The user must be of age 18 and above. The user below age 18 is governed by
different set of terms and condition.
For users below the age of 18, CatchMe recommend that such users shall inform and ask their parents or guardian for using CatchMe website and CatchMe application and should seek permission on the matter of "transmitting information to other Users with whom they (above-defined users) contacted through the Service." CatchMe strictly prohibits registration of the user that are below 18 years of age.
Elimination or blocking of the user profile that is below the age of 18 will be strictly implemented by CatchMe when it comes to CatchMe's knowledge that registered user is under the age of 18.
This "Terms and Conditions" is the establishment of the agreement between the CatchMe's user and CatchMe with respect to the Website, Application, and Service of CatchMe. Simultaneously, this also replaces any other prior contract (verbal or written) between the two parties related to the website, application and service of CatchMe.
Service of "CatchMe" through its application facilitate User:
To locate other users of CatchMe service in real time.
Find real time position of other users of the CatchMe Service on a map.
Local searches of nearby businesses and service providers.
Above same usage of CatchMe service via website and application applies to the other
CatchMe Application can be downloaded at regular Applications Store. There, one can find all the information about CatchMe Application and its Service and description of the main features, characteristics, technical requirements (operating system, supported Devices, etc.) etc.
To download CatchMe Application and for the proper functioning of the CatchMe application, the user is required to have a mobile device owned by self that uses operating systems (or higher): iOS 7 and higher (for iPhone), and Android 4.2 and higher (for Android). Smartphone and mobile devices having above OS are necessary for characteristics & features that make the proper functioning of the CatchMe Application.
Note: Smartphone and mobile devices compulsorily (1) need to accept permission for receiving Push Notifications, (2) Allow access to activation of location services and (3) Should have a 3G data connection.
As soon as the application is downloaded to user's own Device then the user needs to register as the User of CatchMe Service. The registration process is simple. Just follow the instructions displayed. It includes registration of user's mobile phone number, the response via SMS with a confirmation code, and its submission in the system.
For any enquiries or doubts related to the registration as a User, feel free to contact CatchMe at following email address: email@example.com
'LICENSE' to USE 'CatchMe Application' and 'CatchMe Service'
This 'License of Use' is the provision of non-exclusive and non-transferable license. It is valid at the worldwide scope. This 'License of Use' is valid for the established period of time and under these Terms and Conditions and 'License of Use' of CatchMe application & CatchMe service is provided for the installation and use of the Application & service in a Smartphone or Device that is solely owned by the User.
The sole purpose is to allow the user to use Catch Me Service and application.
In no cases: rent, lease, lend, sell, transfer, distribution, or sublicense the CatchMe Application to third parties is to be done by the User.
In specific cases, but without limitation, the User compulsorily needs to take our previous authorization for (i) Reproduction or transformation of the Application for the purpose of fixing bugs and (ii) For creating successive versions of the Application or programs resulting from it.
Under this 'License of Use', no authorization is granted to decrypt or modify the Application and decompilation (decompile), disassembly, reverse engineering and/or any kind of play with the source code in any other way. However, the user is allowed to observe, study, verify the correct functioning and principles of computer programming related to interfaces, without a previous authorization when such activities are required for the development of another computer program for independent Application (when such activities are necessary to allow the interoperability of another computer program independently developed). As backup copy/copies are not required for using application, the User should avoid making such copy/copies.
The User is obliged to delete the 'CatchMe Application' and destroy all the 'Documentation' from the device, including this 'Terms and Conditions' during an act of transfer of own Device to a third party, regardless of how the transaction is implemented (sell, transfer, lease, etc.).
In the event of errors, problems, or deficiencies in the Application, the User may inform CatchMe through the e-mail address given in the heading of this contract. The User shall have the right to correct errors, problems or deficiencies of the Application provided that such correction is necessary in order to use the 'License' in accordance with the purpose described in the present Contract, only and exclusively in the case when CatchMe, after being duly notified in writing, refuses to correct those errors.
USE of the Application (Code of Conduct)
The user of CatchMe application and CatchMe service follows defined 'Code of Conduct' for the purpose of Application and Service usage that maintains harmony with the law, morality, generally accepted good customs and public policy and refrain from any illegal activity.
The User automatically guarantees 'Abstain' from using the Application and Service for illegal purposes, which is inconsistent with the provisions of this Terms and Conditions. Alternatively, in any other way that harms the rights, interests, image, and reputation of CatchMe or its third parties.
'CatchMe Service and Application' exclusively is to be used for personal purposes limited by scope described in present Terms and Conditions.
Service not to be used for illegal activities: (but not limited)
Harassing or disturbing third persons.
Breaching third person's intimacy.
Breaching third person's privacy.
Impersonating the identity of other Users or third parties.
Spying of other Users or third parties.
Providing information to other third parties about the Users location data and personal data.
Damaging reputation, personal image, or honour of other Users and/or third parties.
Advertising, promotion of products, services of personal or third party activities.
If any of the CatchMe application or service User have a knowledge or observed a third party carrying above-mentioned activities, we ask you to notify Us (CatchMe) at the following email address firstname.lastname@example.org , so that adequate measures can be implemented.
CatchMe has 'Complete Authority' and 'Right' to block and delete the profile of the user- found indulging into above ILLEGAL, IMMORAL AND UNETHICAL activities. CatchMe may also take legal necessary steps against those users that violate the agreement as described in this Terms and Conditions, as and when required.
Registration for the Catch Me Service and consequent use of such service will provide us user's personal data, including User name and telephone number, which will be stored in a file under the responsibility of Catch Me, Address-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -
User's personal data shall be processed in order to enable the use of Catch Me Service and for maintenance, tracking, development, and evolution of the CatchMe Service and CatchMe application and for producing reports and statistical services. User can object the processing of the personal data provided to CatchMe for above-mentioned purposes by sending an e-mail to email@example.com
For clarity, we inform that user's data & information related to their geographic location will not be in any cases processed by Catch Me.
Advertising information of commercial businesses may be displayed on maps restricting the usage of USER's personal data by such businesses or any other third parties. Advertising information is necessary for making CatchMe service 'VIABLE'. If you do not agree with this condition then CatchMe recommends user not to use the CatchMe Application and CatchMe Service.
All the data requested during the registration process for CatchMe Service and CatchMe application is compulsory. If the user fails to provide such requested data then CatchMe may prevent registration for the Catch Me Service.
Exercise your 'USER RIGHTS' of access, modification, cancellation and even objection to the use of your personal data via e-mail communication and sending photocopy of your ID to the following email address: firstname.lastname@example.org
INTELLECTUAL PROPERTY (Copy Rights)
All information confined on the Web Site and Application, including graphic design and source code, are protected by copyright and all other related & relevant rights.
These rights belong exclusively to Catch Me, and therefore, any reproduction, distribution, transformation or public communication is prohibited. Such also include non-transfer of all or part of the contents of the Web Site or the Application and act of exploitation of all or part of the contents (images, text, design, indexes, forms, etc...) along with the Databases and software necessary for the visualization and functioning and any object that under current legislation is protectable by intellectual property regulations.
Commercial Exploitation under any circumstances, directly or indirectly, in whole or in part, any content of the Application or Service, by User and any other non-user, needs prior written consent of Catch Me.
Authorization for any content use of the CatchMe Application and CatchMe Service can be requested at e-mail address: email@example.com
Provisions given in above paragraphs, under any circumstances, do not mean that CatchMe assumes any liability for the content. CatchMe shall not entitle the Users or any third parties or non-users for any kind of compensation.
The trademarks, trade names, signs, names, logos, slogans, or any kind of distinctive sign displayed on the CatchMe Application and Catch Me Service may not be used without the prior written consent of Catch Me. Above implies very specifically for the word "CatchMe".
TECHNOLOGICAL LIMITATION of CatchMe Service & Application
Geo-localization technologies are currently utilised for maps that are provided & controlled by third parties. For the sake of clarity to the user, the user is aware while accepting this 'Terms and Conditions' that "Catch Me" is not engaged in such technologies. Therefore, no liabilities (whether moral, ethical, legal or financial or related to public policy) should be provoked in case of conflict arises due to these third parties.
Temporal interruptions in the Service may occur due to required maintenance works. In addition, there exists a wide range of factors like environmental conditions, connectivity, third party software, network overloads, etc. that may unintentionally affect the CatchMe service quality.
CatchMe is not in any way responsible for the ownership & responsibility of third parties links (other than Catch Me links) contained in the CatchMe application and CatchMe service with reference to the publicity or any other types of content.
"CatchMe" under no circumstances undertake the monitoring or approving the services, content, data, files, products, or any other material of the third parties web pages. CatchMe is not related to such matters, in any way.
CatchMe is not liable in any circumstances for the lawfulness of third parties links and their content. Only third party/parties are responsible for all such matters particularly for the compliance of/with applicable law, morality, good customs, and public policy, related to the content of that link.
The implication for any relationship between CatchMe and the owner of the third party website links do not exist.
"Catch Me" is only liable for the loss and damage, which affected the 'User' due to negligence or willful misconduct by "CatchMe".
For the sake of clarity to the user, "Catch Me" shall not be responsible for damages caused by incorrect usage of the Application or Service, or even failure to meet the recommendations and instructions provided by "Catch Me."
"Catch Me disclaims all the following liabilities related to:
The cases related to the 'functioning' of the CatchMe Application and CatchMe Service.
The cases of force and any cases beyond the control of "Catch Me" which are in context to fully operational, or lacking the maximum functionality for handling the relevant service.
Any errors or security deficiencies that may arise from the use in case: 1) If Users uses outdated browser or insecure version, 2) Damage due to record of activation of password or identification code conservation devices of the User recorded by the browser and 3) Malfunctioning due to errors or inaccuracies.
Any direct or indirect damages caused by transmission or communication of information by the Application or in any electronic communications. (Includes technical or human errors in the published data, without any limitation)
Damages caused but not limited to damage, loss or direct, indirect, incidental or consequential expenses resulting from connection with this Website/Application/Service or the use of this Website/Application/Service.
vi. Damage caused due to 'Inability' to use the CatchMe's Website/Application/Service by any party, or in connection with any type of failure in performance, interruption, defect, error, omission, delay in operation or transmission, line or system failure or by computer viruses/virus.
Wrongful or fraudulent acts (as defined in section 4) by any users makes them liable in context to damages and causes loss to "Catch Me," by breaching (directly or indirectly) these Terms and Conditions. Rights are reserved with "Catch Me" to take any actions, which may be entitled before the court or any relevant law enforcement agencies.
CatchMe is not liable to the user for any losses that arise from events CatchMe's reasonable control.
CatchMe is not liable to the user for any kind of business loss.
CatchMe is not liable to the user for any loss or damage of profits, income, revenue, or anticipated savings of users.
CatchMe is not liable to the user for loss of use or production.
CatchMe is not liable to the user for any loss of management time or office time.
CatchMe is not liable to the user for any loss of business, contracts, commercial opportunities, or goodwill.
CatchMe is not liable to the user for any loss or corruption of any data, database, or software.
CatchMe is not liable to the user for any kind of special, indirect or consequential loss or damage.
CatchMe is not liable to the user for any losses that arise out of any acts or omissions by providers of any payment services, hosting services, or other third party services.
"Catch Me" makes best attempts to make application & service enjoyable and relevant for users but still cannot guarantee the user for access, continuous and uninterrupted service via the application.
Limitations and exclusions of liability
Nothing in these terms and conditions shall:
Limit or exclude CatchMe's or User's liability in cases of death or personal injury, which results from negligence.
Limit or exclude CatchMe's or User's liability in cases of fraud or fraudulent misrepresentation.
Limit any of CatchMe's or User's liability in cases that are not permitted under applicable law.
Exclude any of CatchMe's or User's liability that may not be excluded under the current applicable law.
The Limitations and Exclusions of Liability described in this section and elsewhere in this terms and conditions:
Are always subjected to the first paragraph of this section.
All liabilities are governed by the first paragraph of this section. Liabilities which arise under this terms and conditions including liabilities coming up in the contract/agreement , in legalities (including negligence) and the breach of statutory duty.
User accepts that CatchMe has a concern for limiting the personal liability of CatchMe's LLP's members and employees. With regard to such interest, the user accepts that CatchMe is the limited liability entity. User agrees that user will not claim personally against individual members or employees in any cases of any losses that arise due to CatchMe service delivery or this terms and conditions. Such scenario without any doubt, limits or exclude the liability of CatchMe's LLP for their acts and omissions of CatchMe's members & employees.
If a provision of this terms and conditions is unlawful and/or unenforceable as determined by any court or other competent authority then the other provisions will continue to be in effect.
As determined by any court or competent authority- some part of the provisions of this 'terms and conditions' as unlawful and/or unenforceable then that/such part will be regarded as deleted, however, the rest of the provision will continue to be in effect.
12. Breaches of this terms and conditions
On breaching this terms and conditions in any manner or, found or suspected by CatchMe that User have breached this terms and conditions then CatchMe may:
Send user formal warnings,
CatchMe may suspend user's account or profile,
CatchMe can permanently prohibit user from using CatchMe Application and
CatchMe can block any kind of source, which can access CatchMe application or CatchMe service.
CatchMe can take further legal steps for any kind of breach of this 'terms and conditions' by the user.
In any case, when the user is found to be indulged in breaching this terms and conditions and when CatchMe takes actions of blocking or deleting the user's profile then the user cannot take any successive steps against such action by Catchme.
Validity of Terms and Conditions
The Initial Agreement upon the acceptance of 'Terms and Condition' by the user, holds or is valid until the USER is using the CatchMe application or service or it is installed in USER's device. Renewal of the 'Terms and Condition' will be notified in advance for an identical period.
CatchMe shall be entitled to the termination of agreement as Initial Term ends or any of its successive extensions. Prior notice of one (1) month before final termination of Initial Period or any of its successive extensions will be provided.
At any time, User shall be entitled to end the relationship with CatchMe just by uninstalling the Application from his own Smartphone or mobile device.
Termination of the agreement under the present 'Terms and Conditions' occurs in the case of serious breach by either party of their obligations. This necessitates the finalisation of the provision (of service), extinguishing the 'License of Use' of the Application, destruction of Documentation including 'Terms and Conditions' provided to the User by 'CatchMe'.
CHANGES TO THE 'TERMS and CONDITIONS' AND 'THE APPLICATION' OR 'THE SERVICE'
Notification of any changes in the 'Terms and Conditions', 'the Application' OR 'the Service' will be sent before their final introduction. User's unwillingness to accept such changes shall stop using the Application and Service. If User does not do so, then such act automatically approves his/her acceptance.
CONTACT AND WRITTEN COMMUNICATIONS
In accordance with the applicable law prevailing, it requires that information and communications to be sent by 'CatchMe' to the 'User' must be in writing.
By accepting these Terms and Conditions, the 'User' confirms that communications with CatchMe will be via an electronic form.
CatchMe contacts the user by email or by notices, which are published on the Application or Web site.
Users acknowledge that any notice, information or any other communications between 'CatchMe' and 'User' is only by electronic means to comply with the legal requirement of communication in writing.
The User cannot claim (any liabilities) at any other jurisdiction to which the User may be entitled. Thus, 'User' has agreed upon the acceptance of this 'terms and conditions' that user is obliged to the jurisdiction of Supreme Court of India and other courts of India, as and when applicable.