Terms of Service
Terms and Conditions
Please review
these terms (the “Agreement”) carefully. By accessing or using the
Self-Serve Services offered by IRED Technologies. (“IRED Technologies”,
“we” or “us”), you are confirming that you have read, understand
and accept this Agreement. This Agreement can be updated from time to time as
set out in Section 37 below. You are responsible for regularly reviewing the
most current version of this Agreement, which is published at: http://localy.in, though we will notify you
of any changes that, in our sole discretion, materially impact this Agreement.
Continued use of the Self-Serve Services after any such changes have been made
will constitute your consent to such changes. When we change this Agreement, we
will update the “Last Modified” date above.
This
Agreement applies to the “Self-Serve Services”, which are services that
you access or purchase through our website or mobile applications. Other terms
may also apply to your use of the Self-Serve Services, such as the Acceptable Use
Rules outlines below. By using our Self-Serve Services, you confirm that:
A. You will only use our Self-Serve Services for business and
professional reasons;
B. You are at least 16 years old or otherwise able to enter into a
legally binding agreement;
C. You accept and will comply with this Agreement;
D. If you are using our Self-Serve Services as a representative of an
organization, you have the power to enter into legally binding agreements for
the organization; and
E. You are responsible for anyone that uses our Self-Serve Services
through your account, such as your employees, consultants or contractors
(“Authorized Users”).
IRED
Technologies Terminology
1. We use capitalization for terms that have a special meaning in this
Agreement. While some terms are defined elsewhere, this section sets out the
definitions of some key terms.
“Content” is a
generic term that means all information and data (such as text, images, photos,
videos, audio and documents) in any format that is uploaded to, downloaded from
or appears on our Self-Serve Services.
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“Customer Content” is Content that you or your Authorized
Users provide to us, or upload to our Self-Serve Services. |
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“Mentions” are the Content that a third party (in other words,
someone other than you, your Authorized Users or IRED Technologies) creates
and that we obtain on your behalf and at your instruction from Social
Networks or other Third-Party Services that you connect to our Self-Serve
Services. For example, posts created by your followers that appear on your
Facebook page would be considered Mentions. |
“Self-Serve Services” means our websites, such as localy.in and iredtech.in (and all its
current and future subdomains), and mobile applications, and any services that
you access or purchase through our websites or mobile applications, but do
not include Third-Party Services (see below for how we define those)
that you access or use in connection with our services.
“Third-Party Services” are services that are not provided by IRED Technologies but that you
may access or use in connection with our Self-Serve Services. They include the
“Social Networks”, which are the social networking sites supported by
our Self-Serve Services (such as Twitter, Facebook, LinkedIn and Instagram).
“you”, “your”,
“Customer”, and similar terms mean the person or legal entity accessing
or using the Self-Serve Services. For the avoidance of doubt, if you are
accessing and using the Self-Serve Services on behalf of a company (such as
your employer) or other legal entity, “you”, “your” or “Customer” means the
company or other legal entity that you are using the Self-Serve Services on
behalf of.
IRED
Technologies’s Self-Serve Services
2. Subject to the rest of this Agreement, we will allow you and your
Authorized Users to access and use our Self-Serve Services in the way set out
in the plan you subscribed to. You may not use or access the Self-Serve
Services in any other way, such as using robots, spiders, crawlers and scraping
technologies.
3. Our Self-Serve Services evolve constantly. We may change our
Self-Serve Services, such as by changing, adding or removing features at any
time, for any reason. We may or may not provide notice of those changes to you.
We will not be liable to you or any third party for the modification, price
change, suspension or discontinuance of any of our Self-Serve Services.
4. Our Self-Serve Services interact with Social Networks and depend
on the availability of those Social Networks and the features and functionality
they make available to us, which we do not control and may change without
notice. If at any time a Social Network stops making some or all of its
features or functionality available to us, or available to us on reasonable
terms as determined by IRED Technologies in its sole discretion (each an “API
Change”), we may stop providing access to those features or functionality and
we will not be liable to you or any third party for any such change.
Acceptable
Use Rules
5. You and any Authorized Users using your account
must comply with the following Acceptable Use Rules and all laws. If we reasonably believe that
you have breached the Acceptable Use Rules or any applicable law, we may, at
any time and without notice, remove any of your Content and suspend, restrict
or terminate your account or your access to the Self-Serve Services.
GENERAL RULES
A. You must:
i. Use your best efforts to prevent unauthorized access to or use
of the Services, including by maintaining a strong password;
ii. Keep your passwords and other login credentials for the
Services confidential;
iii. Monitor and control all activity conducted through your IRED
Technologies account;
iv. Notify us promptly if you become aware of or suspect any
security breach regarding your account, including any loss, theft, or
unauthorized disclosure or use of your (or any of your Authorized Users’)
username, password, or account; and
v. Comply with the Social Networks’ applicable terms which you
connect through the Services (the “Social Network TOS”). These include for
example the Twitter Terms of Service published at www.twitter.com/tos; the
Facebook Terms of Service published at www.facebook.com/legal/terms; the
LinkedIn User Agreement published at www.linkedin.com/legal/user-agreement; and the YouTube
Terms of Service published at www.youtube.com/t/terms(as
applicable).
B. You must not:
i. Make the Services available to anyone other than your Authorized
Users;
ii. Allow more than one individual Authorized User to use a single
log-in to the Services, or use the Services in excess of the quantities or
limits set out in your Services plan;
iii. Sell, trade, or otherwise transfer any Services to
another party;
iv. Upload or share Customer Content that you do not own or
otherwise have the right to share;
v. Use the Services to store or transmit any Content, including
Customer Content, that may be infringing, defamatory, threatening, harmful, or
otherwise tortious or unlawful, including any content that may violate
intellectual property, privacy, or publicity rights, or other applicable laws,
or any of the Social Network TOS;
vi. Use the Services to send spam or other unsolicited messages in
violation of applicable laws;
vii. Upload to, or transmit from, the Services any Content that
contains or redirects to a virus, Trojan horse, worm, or other harmful
component;
viii. Attempt to reverse engineer, de-compile, hack, disable,
interfere with, disassemble, modify, copy, translate, or disrupt the features,
functionality, integrity, or performance of the Services or the Social Networks
(including any mechanism used to restrict or control the functionality of the
Services or the Social Networks) or any data from third parties (in other
words, someone other than you, your Authorized Users or IRED Technologies)
contained in the Social Networks (except to the extent such restrictions are
prohibited by applicable laws);
ix Attempt to gain unauthorized access to the Services, the Social
Networks, or related systems or networks or to defeat, avoid, bypass, remove,
deactivate, or otherwise circumvent any software protection or monitoring
mechanisms of the Services or the Social Networks;
x. Access the Services in order to build a similar or competitive
product or service or copy any ideas, features, functions, or graphics of the
Services or the Social Networks;
xi. Engage in any abusive practices that degrade the performance of
the Services (or any part of the Services) for you or any of our other
customers (for example, by tracking singular high-frequency terms such as
“love”, “yes”, or “the” or other similar activities);
xii. Use the Services for redistribution, syndication, or
fraudulent activities; or
xiii. Allow or encourage any third party to do any of the
above.
ADDITIONAL RULES IMPOSED BY SOCIAL NETWORKS
C. If you are a public-sector entity, you must not use the Services
to access or use content from Twitter for surveillance purposes.
D. If you are a public-sector entity whose primary function
includes conducting surveillance/gathering intelligence, you must not use the
Services to access or use content from Twitter.
E. You must not use the Services to access or use content from
Twitter for any unlawful, discriminatory purposes or profiling based on
sensitive categories of information prohibited by applicable laws (see Section
VII.A. User Protection of the Twitter Developer Agreement published at https://developer.twitter.com/en/developer-terms/agreement).
ADDITIONAL RULES APPLICABLE IF YOU USE THE SERVICES FOR CONTESTS OR
OTHERWISE ASK INDIVIDUALS TO SUBMIT CONTENT THROUGH THE SERVICES (“Submitted
Content”)
F. You must not:
i. Request that any participant submit personal medical
information, social security information, payment card details, financial or
other sensitive information;
ii. Request Submitted Content that would violate any applicable
laws, rules, or regulations; or
iii. Refer to IRED Technologies or use our name, trademarks, or
trade names in connection with your request for Submitted Content.
CONFLICT
G. In the event of any conflict between these Acceptable Use Rules
and the Terms, the Terms will govern.
Customer
Content
6. You are solely responsible for Customer Content. We
may, but do not have to, review, filter, block or remove Content, including
Customer Content.
Submitted
Content
7. If you use the Self-Serve Services for contests or
otherwise ask people to submit Content through the Self-Serve Services (“Submitted
Content”), you acknowledge and agree that:
(A) the Self-Serve Services
do not help you comply with any laws, rules, or regulations that may apply to
your collection or use of Submitted Content, which is solely your
responsibility; and
(B) we will not be liable
to you or any third party for the Submitted Content, and we make no warranty
that any Submitted Content obtained or displayed through the Self-Serve
Services is accurate or complete.
Account
Information
8. You are responsible for the completeness, security,
confidentiality and accuracy of the account information you provide to us. You
will promptly notify us of any unauthorized access to or use of your log-in
credentials or account.
Content and
Third-Party Services
9. We are not responsible for Content provided by
others, including Mentions and Content from Third-Party Services (such as
Content from Social Networks). You and anyone else who accesses our Self-Serve
Services may access Content that might be unlawful, offensive, harmful,
inaccurate or otherwise inappropriate. We will not be liable to you or any
third party for Content provided by others.
10. If you access or purchase a Third-Party Service through our
Self-Serve Services, you do so at your own risk. Your relationship with the
Third-Party Service provider is an agreement between you and them. You
specifically understand that we are not responsible for Third-Party Services
and will not be liable to you or any third party for any losses or damages
resulting from your use of Third-Party Services.
11. If you access or enable a Third-Party Service, you grant them
permission to access or otherwise process your data as required for the
operation of the Third-Party Service. We are not responsible for disclosure,
use, change to or deletion of your data and will not be liable to you or any
third party for access to your data by a Third-Party Service.
12. We may, but do not have to, preview, verify, flag, modify, filter,
block or remove Third-Party Services. You must comply with all agreements and
other legal requirements that apply to Third-Party Services.
Data
Protection & the GDPR
13. Please review our Privacy Policy (published
at www.localy.in) for more information on
how we collect and use data relating to the use and performance of our
Self-Serve Services.
Confidentiality
14. If we share non-public information about IRED
Technologies or our Self-Serve Services with you, you must keep it confidential
and use reasonable security measures to prevent unauthorized disclosure of or
access to that information.
Intellectual
Property
15. Customer Content. You retain your rights to any
Customer Content you submit, post or display on or through the Self-Serve
Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable,
transferable, sublicensable, royalty-free license to use, host, run, copy,
reproduce, process, adapt, translate, modify, publish, transmit, display and
distribute Customer Content for the purposes of providing, supporting,
enhancing, and developing our products and services.
16. Feedback. We welcome your suggestions, comments, bug reports,
feature requests or other feedback (“Feedback”). We do not have to keep
Feedback confidential, even if you tell us it is confidential. If you provide
Feedback, you grant IRED Technologies a non-exclusive, worldwide, perpetual,
irrevocable, transferable, sublicensable, royalty-free, fully paid-up license
to use the Feedback for any purpose.
17. Self-Serve Services. We keep all rights and interests in our
Self-Serve Services. The Self-Serve Services contain Content owned or licensed
by IRED Technologies (“IRED Technologies Content”). IRED Technologies Content
is protected by copyright, trademark, patent, trade secret and other laws, and,
as between you and IRED Technologies, we own and retain all rights in the
Self-Serve Services and in any IRED Technologies Content.
Payment
Terms, Trials and Renewal
18. Fees and Trials. You must pay all fees for the
Self-Serve Services you purchase, except for Self-Serve Services that we
expressly offer free of charge. If you sign up for a free trial of a paid
Self-Serve Service, we may require you to provide a valid credit card or other
payment method. We will charge you automatically on the first day after the
free trial is over, unless you cancel or downgrade to a charge-free service and
uninstall any paid apps before the end of the free-trial period.
19. Paid Services. For paid Self-Serve Services, you must provide us
with a valid credit card or other form of electronic payment (such as Stripe).
We will automatically charge you based on your chosen plan (such as monthly or
yearly). We will share your account information with financial institutions and
payment processing companies, including your submitted payment information, to
process your purchase. Subscription to our plans are for fixed terms, and the
associated fees payable are non-refundable. Prices for paid Self-Serve Services
are subject to change on 30 days’ notice, provided that no price change will
apply during your then-current subscription term. Depending on where you live,
foreign exchange fees or differences in prices may apply, including because of
exchange rates. We do not support all payment methods, currencies or locations
for payment. If the payment method you use is no longer valid (such as a credit
card that has expired) and you do not edit your payment information or cancel
or downgrade your account to a plan that is free of charge, you authorize us to
keep billing you for our Self-Serve Services and you remain responsible for
uncollected amounts. If you owe us any unpaid fees, we may suspend your access
to our Self-Serve Services without prior notice until you pay us in full. Your
obligation to pay fees continues through to the end of the period in which you
cancel or downgrade your plan.
20. Auto-Renewal of Self-Serve Services. Self-Serve Services plans
will renew automatically at the end of the term (which may be
monthly or annually, depending on the plan you chose when you purchased our
Self-Serve Services), and we will automatically bill you on renewal unless you
cancel or downgrade our Self-Serve Services under Section 23 below.
21. Taxes. You are responsible for paying all taxes on all fees that
you pay to us. Local taxes may differ based on your payment method.
Cancellation
and Termination of Self-Serve Services
22. You may cancel or downgrade your Self-Serve
Services plan at any time by contacting bhargav.upa@gmail.com.
23. We may refuse to provide service (including the Self-Serve
Services) to anyone for any reason at any time. We may also immediately suspend
or terminate your access to our Self-Serve Services for any reason, at any
time, without notifying you in advance. If we terminate this Agreement because
you violated the Acceptable Use Rules or any other part of this Agreement, you
will not receive a refund. If we terminate your access to the Self-Serve
Services under this section for no reason, we will refund you for the
Self-Serve Services you have not yet received.
Disclaimer of
Warranties and Limitation of Liability
24. We offer our Self-Serve Services “as is” and
are not making any warranties, conditions, representations or guarantees of any
kind, whether express, implied, statutory or otherwise, including all express
or implied warranties of design, merchantability, fitness for a particular purpose,
title, quality and non-infringement, that our Self-Serve Services will meet
your requirements or that our Self-Serve Services will always be available,
accessible, uninterrupted, timely, secure, accurate, complete or error-free.
Use our Self-Serve Services at your own risk. You hereby release us and our
affiliates and the directors, officers, employees, agents, licensors and
service providers of IRED Technologies and our affiliates (the “IRED
Technologies Parties”) from any claims, known or unknown, you have against them.
25. We will not be liable for indirect, punitive,
incidental, special, consequential or exemplary damages, or for loss of
profits, goodwill or data or other intangible losses, that result from the use
of, or inability to use, our Self-Serve Services or any other aspect of this
Agreement. Under no circumstances will we be liable for any Third-Party
Services, Social Networks or activities of third parties, any connection to or
transmission from the Internet, or for any damage, loss or injury resulting from
hacking, tampering, theft or other unauthorized access to or use of our
Self-Serve Services or your account or the information contained in your
account, including Customer Content.
26. Our aggregate liability to you for all losses
or damages arising out of this Agreement or your use of our Self-Serve
Services, even if we have been advised of the possibility of such losses, will
not exceed the greater of the fees we received from you for our Self-Serve
Services that are subject to the claim during the three-month period
immediately preceding the date on which the damages arose and £100. The
limitations of liability in this section also apply to the IRED Technologies
Parties and to claims brought based on any cause of action, including breach of
contract, tort (including negligence), statute or other legal or equitable
theory. If there is a law that limits how the limitation of liability in this
section applies to you, our liability will be limited to the fullest extent
permitted by law.
27. No advice or information, whether oral or
written, obtained from us or elsewhere will create any warranty or condition
not expressly stated in this Agreement.
28. Our prices are set based on limitations of
liability and the disclaimers of warranties in this section. You acknowledge
that they will survive and apply even if found to have failed their essential
purpose.
29. If you are dissatisfied with our Self-Serve
Services or believe that you’ve been harmed by your use of our Self-Serve
Services or this Agreement, you may terminate your use of our Self-Serve
Services (as set out above). That termination is your sole and exclusive remedy
(and our sole and exclusive liability) under this Agreement.
Claims and
Disputes
30. The laws of the United Kindgom will govern any
dispute, cause of action or claim arising out of this Agreement or your use of
our Self-Serve Services, including against any IRED Technologies Party (“Dispute”),
without giving effect to conflict-of-law principles.
31. You will indemnify and hold harmless the IRED Technologies Parties
from and against all losses, damages, penalties, liability and costs, including
reasonable legal fees, of any kind or nature related to any claim against a IRED
Technologies Party related to: (a) Customer Content or Submitted Content; (b)
your breach of this Agreement or any laws; or (c) your use of our Self-Serve
Services or any Third-Party Services (including your breach of terms for any
Third-Party Services).
32. If you breach this Agreement or violate our rights or another
person’s rights, we may ask a court to stop you; if we bring a claim against
you, you will reimburse us for our reasonable legal fees for that claim.
33. Any Dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or representative action. IRED
Technologies and you each waive any right to a trial by jury.
Miscellaneous
34. Export Compliance. You will not use or access our
Self-Serve Services if you are located in any jurisdiction in which the
provision of our Self-Serve Services is prohibited under United Kingdom or
other laws (a “Prohibited Jurisdiction”) and you will not provide access
to our Self-Serve Services to any government, entity or individual located in
any Prohibited Jurisdiction. You confirm that you are not named on any United
Kingdom list of persons or entities prohibited from transaction with any United
Kingdom person; (b) you are not a national of, or a company registered in, any
Prohibited Jurisdiction; (c) you will not allow Authorized Users to access or
use our Self-Serve Services in violation of any United Kingdom or other export
embargoes, prohibitions or restrictions; and (d) you will comply with all laws
regarding the transmission of data exported from the country in which you (or
your Authorized Users) are located to the United Kingdom.
35. Amendment. We may change any part of this Agreement (including any
terms or documents incorporated by reference in this Agreement) at any time by
posting the revised terms on the IRED Technologies website, and your use of the
Self-Serve Services after the effective date of the updated Agreement or other
terms constitutes your agreement to the updated Agreement or other terms, as
applicable. It is important for you to review this Agreement before using our Self-Serve
Services and from time to time. The updated Agreement will be effective as of
the time of posting, or on such later date as may be specified in the updated
Agreement, and will apply to your use of the Self-Serve Services from that
point forward.
36. Assignment. You may not assign your rights under this Agreement to
anyone else. We may assign our rights to any other individual or entity.
37. Severability. If a court finds part of this Agreement to be
invalid, the rest will continue to apply with the minimum changes required to
remove the invalid part.
38. Force Majeure. We will not be liable to you or any third party for
any failure to perform our obligations under this Agreement if that failure
results from any cause beyond our control, such as the elements; fire; flood;
severe weather; earthquake; vandalism; accidents; sabotage; power failure;
denial of service attacks or similar attacks or other acts of hackers; Internet
or network failures or interruptions; acts of God and the public enemy; acts of
war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts
or labor disruptions; any laws, orders, rules, regulations, acts or restraints
of any government or governmental body or authority, civil or military,
including the orders and judgments of courts; or if another person (including a
Social Network) changes their services or terms or no longer offers their
services to you or IRED Technologies on terms we believe are reasonable.
39. Remedies. If we fail to enforce this Agreement, we are not waiving
our right to do so. Any remedies we have under this Agreement are not exclusive
of any other remedies we may have under this Agreement, at law or otherwise.
40. Notices to You. IRED Technologies may give notice to you by
placing a banner notice on the IRED Technologies platform or IRED Technologies’s
website. We may also contact you or your Authorized Users through your IRED
Technologies account or contact information you provide, such as email or
telephone or through your account on one or more Social Networks. If you fail
to maintain accurate account information, such as contact information, you may
not receive critical information about our Self-Serve Services or this
Agreement.
41. Notices to IRED Technologies. For any notice to IRED Technologies
that you give under or regarding this Agreement, you must notify IRED
Technologies by email to bhargav.upa@gmail.com with a duplicate copy sent via registered mail to the following
address: IRED Technologies., 1/A, Ishwarkrupa Soc, Kamana Road, Visnagar, Fist:
Mahesana – India, Pin: 384315
42. Entire Agreement. This Agreement, including the other documents
referred to as applicable to the Self-Serve Services in this Agreement, is the
entire agreement between you and IRED Technologies for your use of our
Self-Serve Services. Any prior understandings, statements or and agreements
(oral or written) do not apply, including additional terms that you may present
(such as terms in a unilateral notice from you to us or printed on a purchase
order or any other document generated by you). This Agreement is binding on the
parties and their permitted successors and assigns.